MCL 750.10a Interpretation

A sexually delinquent person is defined in MCL 750.10a; MSA 28.200(1) as: Any person whose sexual behavior is characterized by repetitive or compulsive acts which indicate a disregard of consequences or the recognized rights of others, or by the use of force upon another person in attempting sex relations of either a heterosexual or homosexual nature, or by the commission of sexual aggressions against children under the age of 16. In People v. Helzer, 404 Mich 410, 417; 273 NW2d 44 (1978), the Supreme Court's holding that a separate trial was necessary before a defendant could be sentenced as a sexual delinquent was based on its concern regarding "the substantial function and discretion of the jury in hearing the sexual delinquency charge, the high potential for automatic conviction were the original jury to hear the delinquency charge, and the penalty of life imprisonment possible upon finding sexual delinquency." Helzer, supra at 423.