According to Michigan law:
a person is guilty of first-degree criminal sexual conduct whenever "sexual penetration occurs under circumstances involving the commission of any other felony."
Among felonies still on the books is....
Granted, in Michigan, no one has been convicted of adultery since 1971. However, the crime is still on the books as a felony.
The Court of Appeals ... further ruled that a first-degree criminal sexual conduct charge could be justified when consensual sex occurred in conjunction with any felony, not just a drug sale.
Among those crimes, the judges pointed out, is adultery.
[Detroit Free Press columnist] Dickerson pointed out Michigan's Supreme Court has decreed judges must enforce statutory language adopted by the Legislature literally, regardless of the consequences.
In his opinion, Murphy's says the judges "encourage the Legislature to take a second look at the statutory language if they are troubled by our ruling."