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Michigan Legislature
Michigan Compiled Laws Complete Through PA 204 of 2018
House: Adjourned until Wednesday, July 25, 2018 10:00:00 AM
Senate: Adjourned until Wednesday, July 25, 2018 10:00:00 AM

Michigan Legislature

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Section 750.395

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931


750.395 Damage or destruction of research property; violation as crime; violation of other law; total value; enhanced sentence; prior convictions; restitution; definitions.

Sec. 395.

(1) A person shall not do either of the following:

(a) Damage or destroy the research property of another person with the intent to do either of the following:

(i) To frighten, intimidate, or harass any person because of the person's participation or involvement in, or cooperation with, research.

(ii) To prevent any person from engaging in any lawful profession, occupation, or activity because of the person's participation or involvement in, or cooperation with, research.

(iii) To prevent, delay, hinder, or otherwise harm the research or use of the research.

(b) Place any object in any research property to prevent the lawful growing, harvesting, transportation, keeping, selling, or processing of that research property.

(2) A person who violates subsection (1) is guilty of a crime as follows:

(a) If the value of the research property is less than $200.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the value of the research property damaged or destroyed, whichever is greater, or both imprisonment and a fine.

(b) If any of the following apply, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the research property damaged or destroyed, whichever is greater, or both imprisonment and a fine:

(i) The value of the research property is $200.00 or more but less than $1,000.00.

(ii) The person violates subdivision (a) and has 1 or more prior convictions for committing or attempting to commit a violation of this section.

(c) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the research property damaged or destroyed, whichever is greater, or both imprisonment and a fine:

(i) The value of the research property is $1,000.00 or more but less than $20,000.00.

(ii) The person violates subdivision (b)(i) and has 1 or more prior convictions for violating or attempting to violate this section. For purposes of this subparagraph, however, a prior conviction does not include a conviction for a violation or attempted violation of subdivision (a) or (b)(ii).

(d) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $15,000.00 or 3 times the value of the research property damaged or destroyed, whichever is greater, or both imprisonment and a fine:

(i) The property has a value of $20,000.00 or more.

(ii) The person violates subdivision (c)(i) and has 2 or more prior convictions for committing or attempting to commit a violation of this section. For purposes of this subparagraph, however, a prior conviction does not include a conviction for a violation or attempted violation of subdivision (a) or (b)(ii).

(e) If the violation results in physical injury to another individual, other than serious impairment of a body function, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $20,000.00 or 3 times the value of the research property damaged or destroyed, whichever is greater, or both imprisonment and a fine.

(f) If the violation causes serious impairment of a body function to another individual, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $25,000.00 or 3 times the value of the research property damaged or destroyed, whichever is greater, or both imprisonment and a fine. As used in this subdivision, "serious impairment of a body function" includes, but is not limited to, 1 or more of the following:

(i) The loss of a limb or use of a limb.

(ii) The loss of a hand, foot, finger, or thumb or use of a hand, foot, finger, or thumb.

(iii) The loss of an eye or ear or use of an eye or ear.

(iv) The loss or substantial impairment of a bodily function.

(v) A serious visible disfigurement.

(vi) A comatose state that lasts for more than 3 days.

(vii) Any measurable brain damage or mental impairment.

(viii) A skull fracture or other serious bone fracture.

(ix) A subdural hemorrhage or subdural hematoma.

(g) If the violation causes the death of another individual, the person is guilty of a felony and shall be imprisoned for not more than 15 years and may be fined not more than $40,000.00 or 3 times the value of the research property damaged or destroyed, whichever is greater.

(3) This section does not prohibit the person from being charged with, convicted of, or punished for any other violation of law arising out of the same criminal transaction as the violation of this section, in lieu of being charged with, convicted of, or punished for the violation of this section.

(4) The value of research property damaged or destroyed in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value of research property damaged or destroyed.

(5) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant's prior conviction or convictions shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:

(a) A copy of the judgment of conviction.

(b) A transcript of a prior trial, plea-taking, or sentencing.

(c) Information contained in a presentence report.

(d) The defendant's statement.

(6) If the sentence for a conviction under this section is enhanced by 1 or more prior convictions, those prior convictions shall not be used to further enhance the sentence for the conviction pursuant to section 10, 11, or 12 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.

(7) The court shall order a person convicted of violating this section to pay restitution to the victim. The court may also order the person to pay 1 or more of the following:

(a) All research and development costs for the research property damaged or destroyed that arise out of the violation.

(b) The tuition costs and lost wages of a student conducting research regarding the research property damaged or destroyed or who is unable to conduct or continue research because of a loss that arises out of the violation.

(8) As used in this section:

(a) "Intellectual property" means that term as defined in section 2 of the confidential research information act, 1994 PA 55, MCL 390.1552.

(b) "Person" means an individual, partnership, corporation, limited liability company, association, educational institution, or other legal or business entity.

(c) "Research" means any lawful activity involving the use of animals, animal products, or other animal substances, intended for or used for scientific purposes, including, but not limited to, research, testing, and experimentation.

(d) "Research property" means all real, personal, and intellectual property related to research belonging to or conducted by a person.


History: Add. 2004, Act 520, Eff. Apr. 1, 2005
Compiler's Notes: Former MCL 750.395, which pertained to prohibiting the publication and circulation of false and malicious statements about candidates for public office, was repealed by Act 116 of 1954, Eff. June 1, 1955.


© 2017 Legislative Council, State of Michigan

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