Michigan Prohibited Consensual Sexual Activity Laws

It’s well-known that sexual activities, like rape and sexual assault, are illegal. But, many people don’t realize that many states ban some consensual sexual activities as well. For example, historically, many states have criminalized sodomy and bestiality.

Most states, including Michigan, also criminalize sexual contact with someone under 16 years old. If someone over 18 engages in a sexual relationship with a minor, they may face charges for criminal sexual conduct.

Here, we’ll explain Michigan’s consensual sexual activity laws, including the penalties for these offenses. If you’re facing statutory rape charges or any related crimes, contact an experienced criminal defense lawyer in Michigan.

Laws Related to Sexual Activity in Michigan

State laws ban certain consensual sexual activity, usually acts that violate the community’s social norms. These laws change with the times. Michigan has consensual sexual activity laws that include provisions for disorderly conduct, indecent exposure, and other regulations found in most other states.

Michigan’s anti-sodomy law remains on the books, although the state can no longer use this law to criminalize sexual activity between same-sex partners. This is due to the Supreme Court’s decision in Lawrence v. Texas in 2003.

In Lawrence, a Texas man challenged his anti-sodomy conviction for having sex with another man in the privacy of his own home. The Court ruled that the Texas law was unconstitutional and unenforceable. In the wake of the Lawrence decision, all anti-sodomy laws became unconstitutional and unenforceable.

Michigan’s Romeo and Juliet Laws

Most people know the story of William Shakespeare’s "Romeo and Juliet." Two young lovers from warring families fall in love and, ultimately, end their own lives when they realize they can’t be together. Many states, including Michigan, have implemented “Romeo and Juliet” laws to protect young people in romantic relationships from criminal charges.

Michigan law is very clear about when these close-in-age exemptions apply. You must meet the following requirements for the exemption spelled out in Michigan Penal Code § 750.520e to apply:

• The younger party is at least 13 years of age
• The older party (defendant) is less than five years older than their partner
• There has been no penetration (sexual intercourse) or oral sex between the parties

Imagine that you are 18 years old. You’re in a relationship with a 15-year-old. The two of you have been engaging in sexual relations for two years. Your partner meets the minimum age requirements for the close-in-age exemption to apply. But, if law enforcement has evidence that you engaged in sexual intercourse, the state may decide to file criminal charges.

It may seem unfair that the Romeo and Juliet laws don’t protect couples who have engaged in consensual sex. Michigan law distinguishes between “sexual conduct” and “sexual intercourse.” Sexual contact involves fondling, groping, and other forms of touching. Sexual intercourse requires actual penetration, no matter how slight.

If penetration has taken place, the state may charge the older party under Michigan’s statutory rape laws. (Michigan doesn’t call these laws statutory rape laws. Instead, it calls it criminal sexual conduct.)

The prosecutor may file charges for consensual sexual conduct in the third degree. The penalty for this offense is up to 15 years in prison and fines. The defendant must also register as a sex offender.

Depending on the relationship between the parties, the state may choose to file criminal sexual conduct charges in the fourth degree, which carries a penalty of up to two years in prison and a $500 fine.

These laws don’t apply if the younger party is above Michigan’s age of consent (16).

Laws Related to Sexual Activity in Michigan

In the chart below, you’ll see the main provisions of Michigan’s laws related to consensual sexual activity.

Note: State laws constantly change due to newly passed legislation, orders from higher courts, and various other means. Contact a criminal defense attorney or conduct legal research to verify the laws of your state.

Consult a Michigan Sex Crimes Lawyer for Legal Advice

As social attitudes change, state laws may as well. If you’re facing charges related to consensual sexual acts, contact a Michigan criminal defense attorney or sex crime attorney. This is especially true if the charges carry the possibility of mandatory sex offender registration.