Bill Text: MI HB5591 | 2013-2014 | 97th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Engrossed.html

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HB-5591, As Passed House, May 27, 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

House Bill No. 5591 as amended May 27, 2014

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 or expressing breast milk

 

 does not constitute indecent or obscene conduct under subsection (1)

 

 regardless of whether or not her areola or nipple is visible during or

 

 incidental to the breastfeeding or expressing of breast milk.]

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 674 of the 97th Legislature is enacted into

 

law.