By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 23, 2023
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It's well-known that sexual activities, like rape and sexual assault, are illegal. It's not as well-known that some consensual sexual activities are also prohibited by law. Throughout history, anti-sodomy laws have been used to criminalize sexual activity between same-sex partners.
State laws prohibit certain kinds of consensual sexual activity, usually acts considered to violate the social norms of the state. These laws tend to change with the times. Michigan has prohibited 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 it can no longer be used to criminalize sexual activity between same-sex partners. This occurred as a result of a case heard by the U.S. Supreme Court in 2003.
In that year, the U.S. Supreme Court heard Lawrence v. Texas. In that case, a man challenged his conviction in Texas for having sex with another man in the privacy of his own home, which violated a state anti-sodomy law. However, the U.S. Supreme Court ruled that law unconstitutional and unenforceable. In the wake of that decision by the U.S. Supreme Court, all anti-sodomy laws, as they apply to consenting adults, became unconstitutional and unenforceable.
As a result, Michigan no longer can use its anti-sodomy law for criminalizing sexual activity between consenting adults, including same-sex partners.
In the chart below, you'll see the main provisions of Michigan's laws related to sexual activity.
Sodomy Laws Applicable to |
Under 750.338, "gross indecency between male persons" remains on the books. This refers to sodomy between male partners. However, after the Lawrence case, it is no longer enforceable for purposes of criminalizing sexual activity between consenting adults, including same-sex partners. Under 750.158, it remains a crime to engage in an act of sodomy with an animal. Offenses are treated as a felony. |
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Penalty for Sodomy |
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HIV Exposure and Compelled Testing for Offenders |
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Indecent Exposure |
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Adultery & Offenses Related to Cohabitation of Unmarried Partners |
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Prostitution & Other Related Offenses |
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Age of Consent |
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Note: State laws are constantly changing by newly passed legislation, orders from higher courts, and a variety of other means. Consider contacting an attorney or conducting your own research to verify the laws of your state.
Consider reviewing the following for more information about laws related to sexual activity:
As social attitudes change, state laws may as well. You can visit FindLaw's Sex Crimes section to learn more on this topic. You can also contact a Michigan criminal defense attorney if you have been charged with a crime or would like to fully understand your rights.
Contact a qualified attorney.
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