People v. Masten

These cases raise identical questions regarding interpretation of MCL 750.338; MSA 28.570. At issue is whether a defendant may be convicted of attempting to procure the commission of an act of gross indecency when the act proposed would be between the defendant and another person. We conclude the statute does not apply in such circumstances.

I

In each of these cases there was evidence that the male defendants suggested to other men that the defendant would be willing to perform certain sexual acts with them, in one case for money. No sexual activities took place. Each was convicted of…