SENATE BILL NO. 1016


  March 17, 1998, Introduced by Senator YOUNG and referred 
       to the Committee on Families, Mental Health and Human  Services.
     


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending section 335a (MCL 750.335a).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 335a.  (1)  Any  EXCEPT AS PROVIDED IN
             SUBSECTION (2),

 2    A person who  shall  knowingly  make any
              MAKES AN open or inde-

 3    cent exposure of his or her person or  of  the
             person of another

 4     shall be  IS guilty of a misdemeanor  ,
              punishable by imprison-

 5    ment  in the county jail  for not more than 1 year
              ,  or  by  a

 6    fine of not more than $500.00, or  if such person was at the
             time

 7     of the said offense a  BOTH.

 8         (2) A sexually delinquent person  , may be punishable
              WHO

 9    VIOLATES SUBSECTION (1) IS GUILTY OF A FELONY AND SHALL BE

10    PUNISHED by imprisonment  in the state prison for an

11     indeterminate term, the minimum of which shall be 1 day and
                       the


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 1    maximum of which shall be life:  Provided, That any other

 2     provision of any other statute notwithstanding, said offense

 3     shall be triable only in a court of record  FOR NOT
                       LESS THAN 1

 4    DAY OR MORE THAN LIFE.

 5         (3) THIS SECTION DOES NOT APPLY TO BREASTFEEDING AN INFANT

 6    CHILD IN PUBLIC OR IN PRIVATE.

 7         (4) A LOCAL UNIT OF GOVERNMENT SHALL NOT ENACT OR ENFORCE A

 8    LOCAL ORDINANCE PROHIBITING CONDUCT DESCRIBED IN SUBSECTION (1)

 9    UNLESS THAT LOCAL ORDINANCE CONTAINS THE SUBSTANCE OF SUBSECTION

10    (3).




































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