[Steve Bruzonsky]

 http://freep.com/apps/pbcs.dll/artic...OL04/701150333


Good things Jeff, Mark, Art & other Michigan homeboys who post here are so busy with their home theaters that they don't have time to be adulterous, which can land them in prison for committing a felony.


Keep hangin' around here and tweakin' your theater, spend your money on home theater instead of a criminal defense attorney and another divorce attorney at the same time.

 

[jm_etue]



Quote:
"...[an obscure provision of Michigan's criminal law] decrees that a person is guilty of first-degree criminal sexual conduct whenever sexual penetration occurs under circumstances involving the commission of any other felony."

Quote:
Among the many crimes Michigan still recognizes as felonies, is adultery -- although the Prosecuting Attorneys Association of Michigan notes that no one has been convicted of that offense since 1971.

The other felony in this case was drug related, however in pushing that the provision be applied, the court pointed out that even adultery was still on the books as a lesser felony, and that this provision would push that lesser felony to a CSC I - criminal sexual conduct 1st degree - the maximum sentence being life in prison!


The funny thing is the person pushing for the provision to be applied is our attourney general Mike Cox - who admitted to an adulterous affair in 2005

 

[Chu Gai]

Cox? LOL!

 

[fletch999]

Right. Cox pushed for this guy to get prosecuted for the adultery part. He should be bringing charges against himself now.

 

[jm_etue]



Quote:
Originally Posted by fletch999 /forum/post/0


Right. Cox pushed for this guy to get prosecuted for the adultery part. He should be bringing charges against himself now.

No, you are missing the point.


There was no adultery committed in this case - only a drug deal for sex.


The drug deal is a felony, and to add insult to injury, the original prosecutor charged the guy with the CSC 1 felony (criminal sexual conduct 1st degree) because of the obscure provision that you can tie a CSC 1 felony to ANY OTHER FELONY if sexual penetration occured.


When it was thrown out, our Attorney General, yes ... Mike Cox, appealed to the higher court.


The court ruled with Cox, and in handing down there decision to re-instate the CSC 1 charge, they noted that this obscure provision (the current maximum sentence for CSC 1 being LIFE IN PRISON!) would allow ANY sexual penetration event that is tied to another felony could be charged as a CSC 1 - including the now unused adultery felony. The judges concluded that this probably was unintended, but was clearly supported by the statutes.


Since Mike Cox is an admitted adulterer (a felony), and implicitly a ...ahem, sexual penetration occurred, he could be charged with CSC 1 and sentenced to life in prison, as every other adulterer could in Michigan.

 

[Art Sonneborn]

So am I wrong , repeated penetrations while watching a porn flick occasionally drinking a glass of wine is still legal ? A ruling please Steve .


Art

 

[Art Sonneborn]

Oh yea , it looks like you might have your eye on some prey over here Steve. Your Michigan legal posts are increasing in frequency. Just the other day you commented that if this was a picture of one of my patients that you might have a new client.

Unfortunately for both of us I guess, she is not.

Art

 

[jm_etue]



Quote:
Originally Posted by Art Sonneborn /forum/post/0


So am I wrong , repeated penetrations while watching a porn flick occasionally drinking a glass of wine is still legal ? A ruling please Steve .


Art

I'm sure we could find some outdated or archaic felony crime on the Michigan books - lets say circumventing the digital copy protection for the purposes of watching porn from the playboy channel (probably not a felony, though?) or illegally decoding a copy-protected HDMI stream and viewing it on, say, a double-stack CRT projectors (likely the death penalty

)

If you are doing this in connection with sexual penetration, we could somehow get that trumped up as a CSC 1 - have you added to the Sex Offender registry and send you off to prison

 

[sierraalphahotel]



Quote:
Originally Posted by jm_etue /forum/post/0


I'm sure we could find some outdated or archaic felony crime on the Michigan books - lets say circumventing the digital copy protection for the purposes of watching porn from the playboy channel (probably not a felony, though?) or illegally decoding a copy-protected HDMI stream and viewing it on, say, a double-stack CRT projectors (likely the death penalty

)

If you are doing this in connection with sexual penetration, we could somehow get that trumped up as a CSC 1 - have you added to the Sex Offender registry and send you off to prison

While a different part of the country, I am pretty sure this none of this would fly in Intercourse, Pennsylvania.