Act No. 79

Public Acts of 2024

Approved by the Governor

July 8, 2024

Filed with the Secretary of State

July 8, 2024

EFFECTIVE DATE:  October 6, 2024

 

 

state of michigan

102nd Legislature

Regular session of 2024

Introduced by Senators Klinefelt, Shink, Bayer, Wojno, Geiss, Polehanki and Chang

ENROLLED SENATE BILL No. 841

AN ACT to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” (MCL 750.1 to 750.568) by adding section 160d.

The People of the State of Michigan enact:

Sec. 160d. (1) An individual who engages in sexual contact with a dead human body is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $500.00, or both.

(2) An individual who engages in sexual penetration with a dead human body is guilty of a felony punishable by imprisonment for not more than 15 years.

(3) A term of imprisonment imposed for a violation of this section may run consecutively to any term of imprisonment imposed for another violation arising from the same transaction.

(4) As used in this section:

(a) “Sexual contact” includes intentionally touching the genital area, groin, inner thigh, buttock, or breast, or the clothing covering that area, of a dead human body, or the actor intentionally causing the dead human body to touch the actor’s genital area, groin, inner thigh, buttock, or breast, or the clothing covering that area if the intentional touching can reasonably be construed as being for the purpose of sexual arousal or gratification, done for a sexual purpose, or in a sexual manner for the following purposes:

(i) Revenge.

(ii) To inflict humiliation.

(iii) Out of anger.

(b) “Sexual penetration” means entry into the dead human body’s genital opening, anal opening, or mouth by the actor’s penis, finger, tongue, or other object, or the touching of the dead human body’s genital opening or organs by the actor’s mouth or tongue. Sexual penetration may also be entry by any part of the actor’s body or some object into the genital or anal opening of the dead human body. Any entry, no matter how slight, is sexual penetration. Sexual penetration occurs whether or not the sexual act was completed or whether or not semen was ejaculated.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

 

Enacting section 2. This act may be cited as “Melody’s Law”.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved___________________________________________

____________________________________________________

Governor