SENATE BILL NO. 841

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

(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.