THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
750.529 Use or possession of dangerous weapon; aggravated assault; penalty.
(1) A person who engages in conduct proscribed under section 530 and who in the course of engaging in that conduct does any of the following is guilty of armed robbery:
(a) Possesses a dangerous weapon.
(b) Possesses an article used or fashioned in a manner that would cause a reasonable person to believe the article is a dangerous weapon.
(c) Represents orally or otherwise that he or she possesses a dangerous weapon.
(2) A person who violates this section is guilty of a felony punishable by imprisonment for life or for any term of years.
(3) If a violation of this section results in an aggravated assault of or serious injury to any other person, the person must be sentenced to a minimum term of imprisonment of not less than 2 years.
History: 1931, Act 328, Eff. Sept. 18, 1931
CL 1948, 750.529
Am. 1959, Act 71, Eff. Mar. 19, 1960
Am. 2004, Act 128, Eff. July 1, 2004
Am. 2020, Act 313, Eff. Mar. 29, 2021
Constitutionality: A defendant's convictions of both armed robbery and the lesser included offenses of larceny of property with a value over $100 and of larceny in a building cannot be allowed to stand as a violation of the defendant's protection against double jeopardy. People v Jankowski, 408 Mich 79; 289 NW2d 674 (1980).In People v Wilder, 411 Mich 328; 308 NW2d 112 (1981), the Michigan supreme court held that conviction and sentence for both first-degree felony murder and the underlying felony of armed robbery violates the state constitutional prohibition against double jeopardy.
Former Law: See section 15 of Ch. 153 of R.S. 1846, being CL 1857, § 5725; CL 1871, § 7524; How., § 9089; CL 1897, § 11484; CL 1915, § 15206; CL 1929, § 16722; and Act 374 of 1927.
© 2020 Legislative Council, State of Michigan