Sec. 338.
Any male person who, in public or in private, commits or is a party to the commission of or
procures or attempts to procure the commission by any male person of any act of gross
indecency with another male person shall be guilty of a felony, punishable by imprisonment in
the state prison for not more than 5 years, or by a fine of not more than $2,500.00, or if such
person was at the time of the said offense a sexually delinquent person, may be punishable by
imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1
day and the maximum of which shall be life.§ 750.338Gross indecency; between male persons
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