It's not a new law.. it's a very old law that is seldom in-forced (last time was in 1971 according to the article on Yahoo!). There are only 2 reasons they brought the law up now. 1) Because they wanted to get the guy with more severe penalties than his crime would originally give him and 2) Because judges are pissed about not being as free to interpret the law as they like and wanted to bring up an obscure law that is ridiculous.
2007-01-20 01:01:37
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answer #1
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answered by shortstuf_2 3
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Think about this morally for a moment. We are saying that people can not break their marriage contract. It is good on the surface, but, never be enforced. There are too many variables.
1. How do we define Adultery? (only sexual contact, what kind of sex, and isn't there emotionally infidelity) Will there be a charge: "intent to commit,"
3. How must it be proven: video camera, hearsay, etc?
5. Will one count be les punished then four counts?
I abhore adultery as much as any conservative muslim or Christian does:
but you just can't legalize morality.
Marriages will now be contracted in such a way that each person decides exactly what they will and won't do and what exact circumstances will lead to dissolution. Imagine, a fifty page contract, p prepared by a lawyer (which costs money), that one must read and sign before getting married.
think again, if anyone thinks that our society is so advanced when we have to legalize such things as
no discrimination,
no lying or cheating people,
etc
2007-01-20 01:55:44
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answer #2
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answered by JAN W 3
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The law is not "new" it has been on the books for years, but never enforced. I believe that the article said that the last person tried for the offense was 1971.
I think that there needs to be some sort of penalty/ punishment for adultery - but a felony charge? I think that is a little harsh - but marriage is a contract to which both partners agree to be monogamous....so I think that an adulterous mate should forfeit all assets in the marriage.
2007-01-20 01:12:22
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answer #3
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answered by Susie D 6
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If Pennsylvania had the same law there would be a fence around the whole state.I don't think the law in Michigan or any state would be enforced.Pennsylvania has a law about adultery and I believe the penalty is getting dunked.
2007-01-20 01:02:23
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answer #4
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answered by Richard D 2
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The law is not new, the last time it was enforced was 1971.
The Michigan Supreme Court just took away judges latitude in sentencing, the laws must be interpreted literally!
2007-01-20 00:56:02
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answer #5
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answered by Anarchy99 7
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Well, adultery is breaking a contract. So I think it is brilliant. If you're not happy in your marriage, you should sort it out before you start on a new relationship. So I'm quite impressed by the bravery of the Michigans. I wonder if it will work?
2007-01-20 00:53:56
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answer #6
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answered by True Blue Brit 7
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If they thought prisons were over-crowded now, wait until this law goes into effect. Heck, I know people that would be lifers because of the 3 strikes law. It would be more simple just to outlaw marraige, but don't tell my wife I said that.
2016-05-24 00:27:51
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answer #7
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answered by ? 4
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I think that, although it is a good law, I dont think many married couples will be living there. I think that this kind of thing is good for society, Im not one of those christians who are like that I just have morals and this would stop people who dont need to get married from getting married.
2007-01-20 00:52:14
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answer #8
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answered by BATTLEFEAR 2
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Its not a new law, its a very old law
2007-01-20 00:56:05
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answer #9
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answered by Anonymous
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My ex-wife and her paramour admitted to breaking this law under oath in other courtrooms:
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
Chapter V
ADULTERY
750.29 Adultery; definition.
Sec. 29.
Definition—Adultery is the sexual intercourse of 2 persons, either of whom is married to a third person.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.29
Former Law: See section 2 of Ch. 158 of R.S. 1846, being CL 1857, § 5857; CL 1871, § 7691; How., § 9278; CL 1897, § 11689; CL 1915, § 15463; and CL 1929, § 16818.
750.30 Adultery; punishment.
Sec. 30.
Punishment—Any person who shall commit adultery shall be guilty of a felony; and when the crime is committed between a married woman and a man who is unmarried, the man shall be guilty of adultery, and liable to the same punishment.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.30
Former Law: See section 1 of Ch. 150 of R.S. 1846, being CL 1857, § 5856; How., § 9277; CL 1897, § 11688; CL 1915, § 15462; and CL 1929, § 16817.
750.31 Adultery; complaint and time of prosecution.
Sec. 31.
Complainant and time prosecution to be commenced—No prosecution for adultery, under the preceding section, shall be commenced, but on the complaint of the husband or wife; and no such prosecution shall be commenced after 1 year from the time of committing the offense.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.31
Former Law: See section 3 of Ch. 158 of R.S. 1846, being CL 1857, § 5858; CL 1871, § 7693; How., § 9279; CL 1897, § 11690; CL 1915, § 15464; and CL 1929, § 16819.
750.32 Adultery; cohabitation of divorced parties.
Sec. 32.
Cohabitation by divorced parties—If any persons after being divorced from the bonds of matrimony for any cause whatever, shall cohabit together, they shall be liable to all the penalties provided by law against adultery.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.32
Former Law: See section 33 of Ch. 84 of R.S. 1846, being CL 1857, § 3254; CL 1871, § 4765; How., § 6253; CL 1897, § 8645; CL 1915, § 11421; and CL 1929, § 12752.
© 2009 Legislative Council, State of Michigan
Not many people know about this statute, it's time sensitivity, and many are told by the police that Public Act 328 of 1931 is antiquated and shouldn't be enforced. Remind them that PA 328 also deals with currently enforced laws on Gun Transport, Banking, Larceny, Slander and Libel, Aircraft, Animals, Children, Civil Rights, Corruption, Extortion, Kidnapping, Homicide, Gambling, Public Health, Prostitution, Public Safety, Rape, Stolen Property, and a slew of other laws just as important to uphold. The Legislature approved the entire contents of PA 328 on July 8, 2014, after hearing complaints of "antiquated" sections. Every piece of it was retained.
By the way, Adultery carries a Life in Prison (20 year) sentence and is considered Criminal Sexual Conduct, which you must register yourself for the rest of your life. With a CSC in Michigan, my ex-wife may see the kids, as long as her paramour isn't around (he's not related, so it's a felony crime).
2014-07-21 08:09:52
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answer #10
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answered by Bryan Dean 1
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