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Section 750.451

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931


750.451 Violation of MCL 750.448, 750.449, 750.449a, 750.450, or 750.462; prior convictions; penalty; definition.

Sec. 451.

(1) Except as otherwise provided in this section, a person convicted of violating section 448, 449, 449a, 450, or 462 is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

(2) A person 16 years of age or older who is convicted of violating section 448, 449, 449a, 450, or 462 and who has 1 prior conviction is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

(3) A person convicted of violating section 448, 449, 449a, 450, or 462 and who has 2 or more prior convictions is guilty of a felony punishable by imprisonment for not more than 2 years, or a fine of not more than $2,000.00, or both.

(4) 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.

(5) As used in this section, “prior conviction” means a violation of section 448, 449, 449a, 450, or 462 or a violation of a law of another state or of a political subdivision of this state or another state substantially corresponding to section 448, 449, 449a, 450, or 462.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.451 ;-- Am. 1969, Act 243, Eff. Mar. 20, 1970 ;-- Am. 2002, Act 43, Imd. Eff. Mar. 14, 2002 ;-- Am. 2002, Act 44, Eff. June 1, 2002
Former Law: See section 4 of Act 231 of 1925, being CL 1929, § 16874.


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