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Gross indecency (criminal offence)

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Gross indecency is a legal term which was originally used to criminalise sexual activity between men, short of anal penetration. The term was first used in British law in a statute of the British Parliament in 1885, and was carried forward in other statutes in Britain, Canada and other then-British colonies. The offence was never actually defined in any of the statutes which used it, leaving the scope of the offence to be defined by decisions of the courts.

Contents

Canada

In Canada, the term "gross indecency" was used in the Criminal Code (sections 178 (1892), 206 (1906, 1927), 149 (1953–1954), 157 (1970), 161 (1985)) as well as in the Criminal Law Amendment Act 1968–1969, section 7.

The term was repealed in 1985 with an amendment to both the Criminal Code and the Canada Evidence Act.

United Kingdom

In Britain, the term was used in the following criminal offences:

  • gross indecency between men — section 11 of the Criminal Law Amendment Act 1885 (known as the Labouchere Amendment), and later section 13 of the Sexual Offences Act 1956.
  • indecency with a child — section 1(1) of the Indecency with Children Act 1960.
  • United States

    In Michigan, three types of gross indecency crimes exist, all of which are five-year felonies:

  • gross indecency between male and female persons
  • gross indecency between male persons
  • gross indecency between female persons.
  • Gross indecency covers public sex acts and sex acts between an adult and a minor, whether in public or private.

    References

    Gross indecency (criminal offence) Wikipedia