D.G. Moore is a Michigan criminal defense attorney with extensive experience defending individuals accused of sex offenses, including charges under MCL 750.158. This guide provides an in-depth look at Michigan’s “crime against nature” statute, associated penalties, and possible defenses.
Michigan Penal Code Section 750.158 – Crime Against Nature or Sodomy Penalty
Michigan Penal Code Section 750.158, formerly used to criminalize certain sexual acts, now is broadly considered unenforceable due to the U.S. Supreme Court’s rulings on privacy and consensual acts in private places, though laws punishing non-consensual or public sexual acts remain.
Understanding Crime Against Nature or Sodomy Charges in Michigan
Under MCL 750.158, the crime commonly referred to as “crime against nature” includes sodomy and bestiality. Historically, this statute has been used to prosecute certain types of sexual conduct deemed improper or unnatural under Michigan law. These crimes against nature laws have significant legal implications, including the potential for felony charges and lengthy prison sentences. While sodomy laws have been challenged, they remain part of the state’s penal code and can lead to severe legal consequences if enforced.
What is Considered a Crime Against Nature?
Under Michigan law, the following acts may result in a felony charge under MCL 750.158:
- Anal intercourse between individuals, regardless of gender.
- Sexual acts between a human and an animal (bestiality).
- Other forms of deviate sexual conduct interpreted as unnatural.
Full text of MCL 750.158 – Michigan Legislature
Penalties for Crime Against Nature in Michigan
A conviction under MCL 750.158 carries harsh penalties, including:
| Offense | Penalty |
|---|---|
| Standard Conviction | Up to 15 years in prison |
| Sexually Delinquent Person Status | Indeterminate sentence from 1 day to life |
| Sex Offender Registration | Mandatory registration on the Michigan Sex Offender Registry |
| Permanent Criminal Record | Significant impact on employment, housing, and civil rights |
A person convicted of crimes against nature, including bestiality, faces severe legal repercussions, such as mandatory sex offender registration and long-term imprisonment.
Michigan Sex Offender Registry – Michigan State Police
Other Consequences of a Conviction
In addition to prison time, individuals convicted under MCL 750.158 may face:
- Lifetime registration as a sex offender
- Loss of employment and housing opportunities
- Ineligibility for certain government benefits
- Restrictions on travel and residency
- Significant social stigma and reputational damage
Given the severe consequences of a conviction, especially in cases involving criminal sexual conduct, it is crucial to have an experienced defense attorney to navigate these sensitive charges.
Defenses Against Crime Against Nature Charges
A strong defense is critical when facing charges under MCL 750.158. Common defenses include:
1. Unconstitutional Application
The U.S. Supreme Court’s ruling in Lawrence v. Texas (2003) struck down sodomy laws as unconstitutional in many cases. If the charge involves consensual activity between consenting adults, the law may not apply.
2. Lack of Evidence
The prosecution must prove beyond a reasonable doubt that the alleged act occurred. Lack of physical evidence or unreliable witness testimony can be challenged.
3. False Accusations
Many sex-related charges arise from misunderstandings, personal vendettas, or false reports. A skilled attorney can investigate and challenge the credibility of such claims.
4. Statutory Challenges
Michigan’s sodomy statute is outdated and rarely enforced except in cases of bestiality or non-consensual acts. Challenging its application in court can be an effective defense strategy.
How a Michigan Criminal Defense Attorney Can Help
If you are facing charges under MCL 750.158, your freedom, future, and reputation are at stake. A conviction could mean years in prison, mandatory sex offender registration, and a permanent criminal record that impacts every aspect of your life. You need a skilled defense attorney who will fight aggressively to protect your rights.
D.G. Moore has decades of experience defending clients against serious sex crime charges. Our firm understands how to challenge weak evidence, expose constitutional issues, and build the strongest defense possible.
Take action now—Call D.G. Moore Law at (269) 808-8007 for a confidential consultation.
Criminal Defense Practice Areas
Frequently Asked Questions (FAQs)
Is Sodomy Still Illegal in Michigan Under Sodomy Laws?
Under MCL 750.158, sodomy is still listed as a felony offense. However, the law’s application has been limited due to constitutional challenges.
Does a Crime Against Nature Conviction Require Sex Offender Registry?
Yes, a conviction under MCL 750.158 generally requires registration on the Michigan Sex Offender Registry, significantly impacting personal freedoms.
What Should I Do If I’m Charged with a Crime Against Nature in Michigan?
- Remain silent and do not speak to law enforcement without a lawyer.
- Gather any evidence that supports your case.
- Contact an experienced criminal defense attorney immediately.
Can I Be Charged Under MCL 750.158 for Consensual Activity?
In many cases, sodomy laws have been ruled unconstitutional when applied to consensual adult activity, particularly regarding consensual anal sex. However, the law still applies to cases involving bestiality or non-consensual acts.
What Are the Defenses Against a Crime Against Nature Charge?
Common defenses include challenging the constitutionality of the law, disputing the evidence, proving consent, or demonstrating false accusations. It is crucial to mount a robust defense when facing charges of an abominable and detestable crime, given the severe moral and ethical implications associated with such accusations.
How Can a Conviction Under MCL 750.158 Impact My Future?
A conviction can lead to long-term consequences, including difficulty finding employment, housing restrictions, mandatory sex offender registration, and damage to personal reputation.
Is There a Statute of Limitations for Crime Against Nature Charges in Michigan?
Yes, Michigan has a statute of limitations for most sex crimes, but the exact time frame varies depending on the specifics of the case. Consult a defense attorney for details.
