Bill Text: MI HB5591 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Crimes; obscenity; visibility of certain parts of a woman's anatomy while breastfeeding child; exclude from indecent exposure law. Amends sec. 335a of 1931 PA 328 (MCL 750.335a). TIE BAR WITH: SB 0674'13
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-07-16 - Assigned Pa 198'14 With Immediate Effect [HB5591 Detail]
Download: Michigan-2013-HB5591-Introduced.html
HOUSE BILL No. 5591
May 20, 2014, Introduced by Rep. Price and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 335a (MCL 750.335a), as amended by 2005 PA 300.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 335a. (1) A person shall not knowingly make any open or
indecent exposure of his or her person or of the person of another.
(2) A person who violates subsection (1) is guilty of a crime,
as follows:
(a) Except as provided in subdivision (b) or (c), the person
is guilty of a misdemeanor punishable by imprisonment for not more
than 1 year, or a fine of not more than $1,000.00, or both.
(b) If the person was fondling his or her genitals, pubic
area, buttocks, or, if the person is female, breasts, while
violating subsection (1), the person is guilty of a misdemeanor
punishable by imprisonment for not more than 2 years or a fine of
not more than $2,000.00, or both.
(c) If the person was at the time of the violation a sexually
delinquent person, the violation is punishable by imprisonment for
an indeterminate term, the minimum of which is 1 day and the
maximum of which is life.
(3) A mother's breastfeeding of a child does not constitute
open or indecent exposure of her person under subsection (1)
regardless of whether or not her areola or nipple is visible during
or incidental to the breastfeeding.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 674 of the 97th Legislature is enacted into
law.