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A life sentence for adultery?

Should adultery be subject to a maximum sentence of life imprisonment? The Michigan Supreme Court will be pondering this question when it considers the appeal in People v. Waltonen, 2006 WL 3240002 (Mich. Ct. App., Nov. 7, 2006), in which, reversing a ruling by the trial court, a unanimous panel of the court of appeal held that under the literal construction mandated by the Supreme Court for state statutes, it was obligated to find that under 520(b)(1)(c) of the Michigan Penal Code, a criminal defendant is subject to prosecution for Criminal Sexual Conduct in the first degree whenever he "engages in sexual penetration with another person" and the "sexual penetration occurs under circumstances involving the commission of any other felony." Criminal sexual conduct under this provision is a first degree felony with a potential sentence of life in prison. In the course of issuing this ruling, which involved a man being prosecuted with selling drugs for sex, the court noted in a footnote that adultery remains a felony under the Michigan Penal Code, so theoretically anybody who "engages in sexual penetration" while committing adultery would be subject to prosecution under this statute, regardless whether the sex itself is consensual. Of course, there may be some question about the constitutionality of this. . .  (Michigan Penal Code provision on adultery is Section 750.30.)

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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.


With adultery now a 1st Degree CSC, it is about time to put an end to the government tolerance or indifference to this crime. Many obvious criminals can finally be put in prison. Unlike simple adultery, no requirements for "spousal" complaint appears to exist for "cohabitation" of divorced parties.

Seems pretty simple, look into the social work records, court records, school records, and even police records. Use the information in the vast databases to help prosecute these monsters. Finally force medical and mental health professionals to turn in these adulterous animals when information about 1st Degree CSC is revealed in medical exams or therapy. And, finally get these creeps off the streets and behind bars where they belong!

Landlords need to be reminded that knowingly allowing divorced people to cohabit ate is also a crime since owners of properties that knowingly allow criminal activity to occur on their property are subject to prosecution too. And certainly public schools teachers or other public institutions that receive tax monies should have to report suspected 1st Degree CSC when children of such unions or children exposed to these home environments are being forced to live with such monsters.

Protecting children is the most important thing a government can do. The poor kids experiencing the degradation of living in a house where such perverted criminal activity happens need to taken away from these unfit parents and put into the loving and caring hands of Michigan's foster care system.

The number of willing confessions to all forms of adultery and related cohabitation seems to provide excellent opportunities to increase the prison populations, improve employment opportunities for probation officers and other correction-related careers not to mention help boost the job opportunities in most law enforcement and social work fields. This seems like JOBS creation program anybody can get behind.

Besides, now that the government is re-affirming that adultery is as bad as rape, it is time to seriously consider chemical and even physical castration as perfectly appropriate punishment. I just hope that legislature does not miss the opportunity to fund a thrust to imprison these sexual offenders.

Communities can benefit, obviously, by cleaning up neighborhoods where known perverts reside, but communities can also come together to fight this scourge. Churches and community activists can sponsor "anonymous" reporting drives. Everybody can be encourage to turn in somebody they know is guilty. And, of course, who can object to that?

Getting these monsters on the Sexual Offender List, out of public housing, and into the consciousness of every community resident seems like just the best thing that could have happened in Michigan. Finally, law that makes sense.

2007 is turning out to be a very good year in Michigan.

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