Chapter 750

MICHIGAN PENAL CODE

THE MICHIGAN PENAL CODE

Act 328 of 1931

AN ACT to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1991, Act 56, Eff. Jan. 1, 1992 ;-- Am. 2005, Act 105, Eff. Dec. 1, 2005 ;-- Am. 2010, Act 107, Eff. Aug. 1, 2010
Constitutionality: Michigan's anti-stalking law is not an unconstitutionally vague threat to freedom of speech. Staley v Jones, 239 F3d 769 (CA 6, 2001).


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The People of the State of Michigan enact:


750.1 Michigan penal code; short title.

Sec. 1.

Short title—This act shall be known and may be cited as “The Michigan Penal Code”.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.1
Compiler's Notes: The catchlines following the act section numbers were incorporated as part of the act as enacted.


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750.2 Rule of construction.

Sec. 2.

Rule of construction—The rule that a penal statute is to be strictly construed shall not apply to this act or any of the provisions thereof. All provisions of this act shall be construed according to the fair import of their terms, to promote justice and to effect the objects of the law.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.2


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750.3 Civil rights or remedies not affected.

Sec. 3.

Civil rights or remedies not affected—The provisions of this act are not to be deemed to affect any civil rights or remedies existing at the time when this act takes effect, by virtue of the common law or of any provision of statute.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.3


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750.4 Civil remedies preserved.

Sec. 4.

Civil remedies preserved—The omission to specify or affirm in this act any liability to damages, penalty, forfeiture or other remedy, imposed by law, and allowed to be recovered, or enforced in any civil action or proceeding, for any act or omission declared punishable herein does not affect any right to recover or enforce the same.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.4


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Chapter I
DEFINITIONS


750.5 “Crime” defined.

Sec. 5.

“Crime” means an act or omission forbidden by law which is not designated as a civil infraction, and which is punishable upon conviction by any 1 or more of the following:

(a) Imprisonment.

(b) Fine not designated a civil fine.

(c) Removal from office.

(d) Disqualification to hold an office of trust, honor, or profit under the state.

(e) Other penal discipline.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.5 ;-- Am. 1978, Act 513, Eff. Mar. 30, 1979


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750.6 Division of crime.

Sec. 6.

Division of crime—A crime is:

1. A felony; or

2. A misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.6


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750.7 Felony; definition.

Sec. 7.

Felony—The term “felony” when used in this act, shall be construed to mean an offense for which the offender, on conviction may be punished by death, or by imprisonment in state prison.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.7


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750.8 Misdemeanor; definition.

Sec. 8.

Misdemeanor—When any act or omission, not a felony, is punishable according to law, by a fine, penalty or forfeiture, and imprisonment, or by such fine, penalty or forfeiture, or imprisonment, in the discretion of the court, such act or omission shall be deemed a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.8
Former Law: See section 11 of Ch. XXXV of Act 314 of 1915, being CL 1915, § 13403; CL 1929, § 15150.


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750.9 Misdemeanor; definition.

Sec. 9.

Misdemeanor—When the performance of any act is prohibited by this or any other statute, and no penalty for the violation of such statute is imposed, either in the same section containing such prohibition, or in any other section or statute, the doing of such act shall be deemed a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.9
Former Law: See section 26 of Ch. 156 of R.S. 1846, being CL 1857, § 5845; CL 1871, § 7678; How., § 9260; CL 1897, § 11330; CL 1915, § 14997; and CL 1929, § 16588.


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750.10 Miscellaneous; definition.

Sec. 10.

Miscellaneous—In this act:

The singular number includes the plural and the plural includes the singular.

The masculine gender includes the feminine and neuter genders.

The words “person”, “accused”, and similar words include, unless a contrary intention appears, public and private corporations, copartnerships, and unincorporated or voluntary associations.

The term “act” or “doing of an act” includes “omission to act”.

The word “property” includes any matter or thing upon or in respect to which any offense may be committed.

The word “indictment” includes information, presentment, complaint, warrant and any other formal written accusation.

The word “indictment”, unless a contrary intention appears, includes any count thereof.

The term “writing”, “written”, and any term of like import includes words printed, painted, engraved, lithographed, photographed or otherwise copied, traced or made visible to the eye.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.10


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750.10a Sexually delinquent persons; definition.

Sec. 10a.

The term “sexually delinquent person” when used in this act shall mean 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.


History: Add. 1952, Act 73, Eff. Sept. 18, 1952


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Chapter II
ABDUCTION


750.11, 750.12 Repealed. 2010, Act 102, Imd. Eff. June 25, 2010.


Compiler's Notes: The repealed sections pertained to unlawful taking of a woman and compelling her to marry.


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750.13 Taking or enticing away minor under sixteen years; violation as felony; penalty.

Sec. 13.

A person who takes or entices away a minor under the age of 16 years from the minor's father, mother, guardian, or other person having the legal charge of the minor, without their consent, for the purpose of prostitution, concubinage, sexual intercourse, or marriage is guilty of a felony punishable by imprisonment for not more than 10 years.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.13 ;-- Am. 2015, Act 210, Eff. Mar. 14, 2016
Former Law: See section 24 of Ch. 153 of R.S. 1846, being CL 1857, § 5734; CL 1871, § 7533; How., § 9098; CL 1897, § 11493; CL 1915, § 15215; and CL 1929, § 16731.


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Chapter III
ABORTION


750.14 Miscarriage; administering with intent to procure; felony, penalty.

Sec. 14.

Administering drugs, etc., with intent to procure miscarriage—Any person who shall wilfully administer to any pregnant woman any medicine, drug, substance or thing whatever, or shall employ any instrument or other means whatever, with intent thereby to procure the miscarriage of any such woman, unless the same shall have been necessary to preserve the life of such woman, shall be guilty of a felony, and in case the death of such pregnant woman be thereby produced, the offense shall be deemed manslaughter.

In any prosecution under this section, it shall not be necessary for the prosecution to prove that no such necessity existed.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.14
Constitutionality: Section held unconstitutional as relating to abortions in the first trimester of a pregnancy as authorized by the pregnant woman's attending physician in the exercise of his medical judgment. People v Bricker, 389 Mich 524; 208 NW2d 172 (1973).
Former Law: See section 34 of Ch. 153 of R.S. 1846, being CL 1857, § 5744; CL 1871, § 7543; How., § 9108; CL 1897, § 11503; CL 1915, § 15225; CL 1929, § 16741; sec. 35 of Ch. 153 of R.S. 1846; Act 61 of 1867; CL 1871, § 7544; How., § 9109; CL 1897, § 11504; CL 1915, § 15226; and CL 1929, § 16742.


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750.15 Abortion, drugs or medicine; advertising or sale to procure; misdemeanor.

Sec. 15.

Selling drugs, etc., to produce abortion—Any person who shall in any manner, except as hereinafter provided, advertise, publish, sell or publicly expose for sale any pills, powder, drugs or combination of drugs, designed expressly for the use of females for the purpose of procuring an abortion, shall be guilty of a misdemeanor.

Any drug or medicine known to be designed and expressly prepared for producing an abortion, shall only be sold upon the written prescription of an established practicing physician of the city, village, or township in which the sale is made; and the druggist or dealer selling the same shall, in a book provided for that purpose, register the name of the purchaser, the date of the sale, the kind and quantity of the medicine sold, and the name and residence of the physician prescribing the same.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.15
Former Law: See section 1 of Act 138 of 1873, being How., § 9312; CL 1897, § 11729; CL 1915, § 15523; CL 1929, § 16885; section 3 of Act 138 of 1873, being How., § 9314; CL 1897, § 11731; CL 1915, § 15525; CL 1929, § 16887; section 2 of Act 138 of 1873, being How., § 9313; CL 1897, § 11730; CL 1915, § 15524; and CL 1929, § 16886.


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Chapter IV
ADULTERATING AND MISBRANDING


750.16 Adulteration; drugs or medicine injurious to health; violations; penalty; “serious impairment of a body function” defined; other violations committed.

Sec. 16.

(1) Except as otherwise provided in this section, a person who knowingly or recklessly commits any of the following actions is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both:

(a) Adulterates, misbrands, removes, or substitutes a drug or medicine so as to render that drug or medicine injurious to health.

(b) Sells, offers for sale, possesses for sale, causes to be sold, or manufactures for sale a drug or medicine that has been adulterated, misbranded, removed, or substituted so as to render it injurious to health.

(2) A person who commits a violation of subsection (1) that results in personal injury is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $4,000.00, or both.

(3) A person who commits a violation of subsection (1) that results in serious impairment of a body function is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.

(4) A person who commits a violation of subsection (1) that results in death is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $20,000.00, or both.

(5) Except as provided in sections 25 and 25a of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.25 and 769.25a, a person who commits a violation of subsection (1) with the intent to kill or to cause serious impairment of a body function of 2 or more individuals that results in death is guilty of a felony punishable by imprisonment for life without possibility of parole or life without possibility of parole and a fine of not more than $40,000.00. It is not a defense to a charge under this subsection that the person did not intend to kill a specific individual or did not intend to cause serious impairment of a body function of 2 or more specific individuals.

(6) As used in this section, "serious impairment of a body function" means that phrase as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.

(7) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.16 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003 ;-- Am. 2004, Act 213, Eff. Oct. 12, 2004 ;-- Am. 2014, Act 23, Imd. Eff. Mar. 4, 2014
Former Law: See section 3 of Ch. 159 of R.S. 1846, being CL 1857, § 5888; CL 1871, § 7728; How., § 9318; CL 1897, § 11406; CL 1915, § 15124; and CL 1929, § 16693.


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750.17 Repealed. 1968, Act 39, Eff. Jan. 1, 1969.


Compiler's Notes: The repealed section pertained to adulteration and misbranding of food.


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750.18 Mixing drug or medicine; injuriously affecting quality or potency; violations; penalties; “serious impairment of body function” defined; other violations committed.

Sec. 18.

(1) Except for the purpose of compounding in the necessary preparation of medicine, a person shall not knowingly or recklessly mix, color, stain, or powder, or order or permit another person to mix, color, stain, or powder, a drug or medicine with an ingredient or material so as to injuriously affect the quality or potency of the drug or medicine.

(2) A person shall not sell, offer for sale, possess for sale, cause to be sold, or manufacture for sale a drug or medicine mixed, colored, stained, or powdered in the manner proscribed in subsection (1).

(3) Except as otherwise provided in this section, a person who violates subsection (1) or (2) is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both.

(4) A person who commits a violation of subsection (1) or (2) that results in personal injury is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $4,000.00, or both.

(5) A person who commits a violation of subsection (1) or (2) that results in serious impairment of a body function is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.

(6) A person who commits a violation of subsection (1) or (2) that results in death is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $20,000.00, or both.

(7) Except as provided in sections 25 and 25a of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.25 and 769.25a, a person who commits a violation of subsection (1) or (2) with the intent to kill or to cause serious impairment of a body function of 2 or more individuals that results in death is guilty of a felony punishable by imprisonment for life without possibility of parole or life without possibility of parole and a fine of not more than $40,000.00. It is not a defense to a charge under this subsection that the person did not intend to kill a specific individual or did not intend to cause serious impairment of a body function of 2 or more specific individuals.

(8) As used in this section, "serious impairment of a body function" means that phrase as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.

(9) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.18 ;-- Am. 2004, Act 213, Eff. Oct. 12, 2004 ;-- Am. 2014, Act 23, Imd. Eff. Mar. 4, 2014
Former Law: See section 2 of Act 254 of 1881, being How., § 9325; CL 1897, § 11427; CL 1915, § 15145; and CL 1929, § 16697.


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750.19-750.24 Repealed. 1968, Act 39, Eff. Jan. 1, 1969.


Compiler's Notes: The repealed sections pertained to adulteration of food, drink, candy, grain or feed, honey, maple sugar, molasses, and syrup, and to misbranding of same.


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750.25 Adulteration of butter and cream.

Sec. 25.

(1) A person who possesses with intent to sell, or offer or expose for sale, or sell as butter or as cream, a product that is adulterated within the meaning of this section is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.

(2) Butter is adulterated within the meaning of this section if 1 or both of the following conditions exist:

(a) The fat content is not exclusively derived from cow's milk.

(b) The butter contains less than 80% of milk fat.

(3) Cream is adulterated within the meaning of this section if 1 or more of the following conditions exist:

(a) The cream contains less than 18% of milk fat.

(b) The cream is not that portion of milk, rich in milk fat, that rises to the surface of milk on standing, or is separated from it by centrifugal force.

(c) The cream is not clean.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1937, Act 32, Imd. Eff. May 7, 1937 ;-- CL 1948, 750.25 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See sections 1 to 4 of Act 78 of 1925, being CL 1929, §§ 5361 to 5364.


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750.27 Adulterated cigarettes.

Sec. 27.

Adulterated cigarettes—Any person within the state who manufactures, sells or gives to any one, any cigarette containing any ingredient deleterious to health or foreign to tobacco, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.27
Former Law: See section 1 of Act 226 of 1909, being CL 1915, § 5181; and CL 1929, § 12830.


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750.28 Cereal beverage with alcoholic content; furnishing to minors, penalty.

Sec. 28.

Any person who shall sell, give or furnish to a minor, except upon authority of and pursuant to a prescription of a duly licensed physician, any cereal beverage of any alcoholic content under the name of “near beer”, or “brew”, or “bru”, or any other name which is capable of conveying the impression to the purchaser that the beverage has an alcoholic content, shall be guilty of a misdemeanor.


History: Add. 1957, Act 283, Eff. Sept. 27, 1957


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Chapter V
ADULTERY


750.29 Adultery; definition.

Sec. 29.

Definition—Adultery is the sexual intercourse of 2 persons, either of whom is married to a third person.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.29
Former Law: See section 2 of Ch. 158 of R.S. 1846, being CL 1857, § 5857; CL 1871, § 7691; How., § 9278; CL 1897, § 11689; CL 1915, § 15463; and CL 1929, § 16818.


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750.30 Adultery; punishment.

Sec. 30.

Punishment—Any person who shall commit adultery shall be guilty of a felony; and when the crime is committed between a married woman and a man who is unmarried, the man shall be guilty of adultery, and liable to the same punishment.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.30
Former Law: See section 1 of Ch. 150 of R.S. 1846, being CL 1857, § 5856; How., § 9277; CL 1897, § 11688; CL 1915, § 15462; and CL 1929, § 16817.


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750.31 Adultery; complaint and time of prosecution.

Sec. 31.

Complainant and time prosecution to be commenced—No prosecution for adultery, under the preceding section, shall be commenced, but on the complaint of the husband or wife; and no such prosecution shall be commenced after 1 year from the time of committing the offense.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.31
Former Law: See section 3 of Ch. 158 of R.S. 1846, being CL 1857, § 5858; CL 1871, § 7693; How., § 9279; CL 1897, § 11690; CL 1915, § 15464; and CL 1929, § 16819.


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750.32 Adultery; cohabitation of divorced parties.

Sec. 32.

Cohabitation by divorced parties—If any persons after being divorced from the bonds of matrimony for any cause whatever, shall cohabit together, they shall be liable to all the penalties provided by law against adultery.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.32
Former Law: See section 33 of Ch. 84 of R.S. 1846, being CL 1857, § 3254; CL 1871, § 4765; How., § 6253; CL 1897, § 8645; CL 1915, § 11421; and CL 1929, § 12752.


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Chapter VI
ADVERTISING


750.33 False advertising; penalty; excepted participants in publication.

Sec. 33.

(1) A person who, with intent to sell, purchase, dispose of, or acquire merchandise, securities, service, or anything offered or sought by the person, directly or indirectly, to or from the public for sale, purchase, or distribution, or with intent to increase the consumption of merchandise, securities, service, or other thing offered or sought, or to induce the public in any manner to enter into an obligation relating to or interest in the merchandise, securities, service, or other thing offered or sought, makes, publishes, disseminates, circulates, or places before the public, or causes directly or indirectly to be made, published, disseminated, circulated, or placed before or communicated to the public, in a newspaper or by radio broadcast, television, telephone, or telegraph or other mode of communication or publication or in the form of a book, notice, handbill, poster, bill, circular, pamphlet, letter, or communication, including communication by telephone or telegraph to 2 or more persons, or in any other way, in advertisement of any sort regarding merchandise, securities, service, or anything so offered to or sought from the public, or regarding the motive or purpose of a sale, purchase, distribution, or acquisition, which advertisement contains an assertion, representation, or statement or illustration, including statements of present or former sale price or value, which is false, deceptive, or misleading, or calculated to subject another person to disadvantage or injury through the publication of false or deceptive statements or as part of a plan or scheme with the intent, design, or purpose not to sell the merchandise, commodities, or service so advertised at the price stated therein, or otherwise communicated, or with intent not to sell the merchandise, commodities, or service so advertised is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.

(2) Subsection (1) does not apply to an owner, publisher, printer, agent, or employee of a newspaper or other publication, periodical, or circular, or of a radio station or television station, who in good faith and without knowledge of the falsity or deceptive character thereof, publishes, causes to be published, or takes part in the publication of an advertisement described in subsection (1).

(3) Subsection (1) does not apply to any person, firm, or corporation providing telephone service to subscribers as a public utility.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1941, Act 340, Eff. Jan. 10, 1942 ;-- CL 1948, 750.33 ;-- Am. 1955, Act 176, Eff. Oct. 14, 1955 ;-- Am. 1957, Act 180, Eff. Sept. 27, 1957 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See sections 1 and 2 of Act 245 of 1899, being CL 1915, §§ 15340 and 15341, and CL 1929, §§ 16988 and 16989; and section 1 of Act 319 of 1925, being CL 1929, § 16990.


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750.33a Character or extent of business misrepresentation; penalty.

Sec. 33a.

Any person who states, in an advertisement of his goods, that he is a producer, manufacturer, processor, wholesaler or importer, or that he owns or controls a factory or other source of supply of goods, when such is not the fact, or in any other manner knowingly misrepresents the character, extent, volume or type of his business, is guilty of a misdemeanor.


History: Add. 1965, Act 105, Eff. Mar. 31, 1966


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750.34 Repealed. 2015, Act 210, Eff. Mar. 14, 2016.


Compiler's Notes: The repealed section pertained to advertising relating to certain sexual diseases.


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750.35 Repealed. 2015, Act 210, Eff. Mar. 14, 2016.


Compiler's Notes: The repealed section pertained to publishing and distributing immoral advertising.


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750.36 Repealed. 2015, Act 210, Eff. Mar. 14, 2016.


Compiler's Notes: The repealed section pertained to evidence of guilt relating to immoral advertising.


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750.37 Repealed. 2015, Act 210, Eff. Mar. 14, 2016.


Compiler's Notes: The repealed section pertained to penalty relating to immoral advertising.


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750.38 Personal violence or human form; displaying.

Sec. 38.

Displaying, etc., pictures, etc., representing personal violence or human form—Any person who shall post, place or display on any sign board, bill board, fence, building, sidewalk, or other object, or in any street, road, or other public place, any sign, picture, printing or other representation of murder, assassination, stabbing, fighting or of any personal violence, or of the commission of any crime, or any representation of the human form in an attitude or dress which would be indecent in the case of a living person, if such person so appeared in any public street, square or highway, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.38
Former Law: See sections 1 and 2 of Act 205 of 1885, being How., §§ 9314f and 9314h; Act 148 of 1889; CL 1897, §§ 11724 and 11726; CL 1915, §§ 15515 and 15517; and CL 1929, §§ 16880 and 16882.


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750.39 Repealed. 2015, Act 210, Eff. Mar. 14, 2016.


Compiler's Notes: The repealed section pertained to publication of virtues of patent medicine in immoral or ambiguous language.


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750.40 Private diseases; conceptive preventatives; publication of cures.

Sec. 40.

Publication in indecent language of cures for private diseases and conceptive preventatives—The publication or sale within this state of any circular, pamphlet or book containing recipes or prescriptions in indecent or obscene language for the cure of chronic female complaints or private diseases, or recipes or prescriptions for drops, pills, tinctures, or other compounds designed to prevent conception, or tending to produce miscarriage or abortion is hereby prohibited; and for each copy thereof, so published and sold, containing such prohibited recipes or prescriptions, the publisher and seller shall each be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.40
Former Law: See section 2 of Act 106 of 1869, being CL 1871, § 7725; How., § 9311; CL 1897, § 11728; CL 1915, § 15522; and CL 1929, § 16884.


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750.41 Repealed. 2002, Act 211, Imd. Eff. Apr. 29, 2002.


Compiler's Notes: The repealed section pertained to sale and distribution of criminal news printed matter.


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750.42 Repealed. 2000, Act 238, Imd. Eff. June 27, 2000.


Compiler's Notes: The repealed section pertained to advertisements of intoxicating liquors referrring to deceased ex-presidents of the United States.


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750.42a Outdoor sign advertising smokeless tobacco product; warning statements; local ordinance, regulation, or other law.

Sec. 42a.

(1) A person who uses an outdoor sign to advertise a smokeless tobacco product shall display on the outdoor sign 1 of the following statements:

(a) “WARNING: This product may cause mouth cancer.”

(b) “WARNING: This product may cause gum disease and tooth loss.”

(c) “WARNING: This product is not a safe alternative to cigarettes.”

(2) The warning statements required under subsection (1) shall be rotated every 4 months, and shall meet all of the following requirements:

(a) Be surrounded by a black border, the width of which is not less than the width of the vertical element of a letter in the warning statement. There shall be a 1-1/2 inch white border surrounding the black border.

(b) Be printed in capital letters that are black on a white background, and in the following size and type:

(i) For an outdoor sign that has a surface area of more than 150 square feet, but less than 350 square feet, the letters shall be not less than 5-1/2 inches in height and printed in univers 67 cold type.

(ii) For an outdoor sign that has a surface area of 350 square feet or more, but less than 1,200 square feet, the letters shall be not less than 6 inches in height and printed in univers 59 cold type.

(iii) For an outdoor sign that has a surface area of 1,200 square feet or more, the letters shall be not less than 8 inches in height and printed in univers 57 cold type.

(3) An ordinance, regulation, or other law enacted by a local unit of government shall not require either of the following for an outdoor sign that advertises a smokeless tobacco product:

(a) A statement other than 1 of the statements required under subsection (1).

(b) For the statements required under subsection (1), a format and type style other than the format and type style required under subsection (2).

(4) A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year or a fine of not more than $5,000.00, or both.

(5) As used in this section:

(a) “Outdoor sign” means a sign, display, device, figure, painting, drawing, message, placard, poster, or billboard that is placed outdoors, is stationary, has a surface area of more than 150 square feet, and is designed, intended, or used to advertise or promote.

(b) “Person” means an individual, corporation, partnership, or other business entity that manufactures, packages, or imports smokeless tobacco products.

(c) “Smokeless tobacco product” means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral cavity.


History: Add. 1988, Act 295, Eff. Mar. 30, 1989


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750.42b Selling or distributing tobacco products through U.S. mail service, express mail service, parcel post service, or common carrier prohibited; exceptions; violation as misdemeanor; penalty; definitions.

Sec. 42b.

(1) Except as provided in subsection (3), a person shall not sell or distribute a tobacco product in this state through the use of the United States mail service, express mail service, parcel post service, or any common carrier service except to persons who have previously paid or agreed to pay for the products at fair market value. This subsection shall not be construed to apply to any person employed by the United States postal service or by any common carrier while carrying or delivering a tobacco product mailed or shipped by another person.

(2) A person shall not, as part of his, her, or its business, either directly or through an agent, distribute tobacco products to persons who did not previously pay or agree to pay for the products unless all of the following provisions are met:

(a) The person or agent distributing the tobacco product distributes only tobacco products regularly sold or manufactured by that person or agent.

(b) The person distributing the tobacco product ascertains that the person receiving the tobacco product is 18 years of age or older.

(c) The person receiving the tobacco product is physically present to receive the product.

(d) Distribution is not prohibited by any local ordinance.

(3) Subsection (1) does not prohibit the sale or distribution of a tobacco product in this state through the use of the United States mail service, express mail service, parcel post service, or any common carrier service if the sale or distribution is in response to a consumer complaint or is part of a direct mail marketing of products to specifically named individuals, and which response or marketing involves the prior return by the same specifically-named individual of an authorization card to the tobacco company that indicates that the individual is at least 18 years of age, is signed by the individual and is kept on file by the tobacco company for at least 1 year.

(4) A person who violates subsection (1) is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year, or by a fine of not more than $10,000.00, or both.

(5) A person who violates subsection (2) is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, a fine of not more than $500.00, service to the community for not more than 180 days, or any combination thereof.

(6) As used in this section:

(a) “Employed” includes engaged as an agent or independent contractor.

(b) “Person” means an individual, partnership, corporation, association, or other legal entity.

(c) “Sell or distribute” includes sending or providing free samples or any other distribution not for sale.


History: Add. 1992, Act 273, Imd. Eff. Dec. 16, 1992


© 2017 Legislative Council, State of Michigan
Chapter VII
AIRCRAFT AND AERONAUTICS


750.43 Aircraft and aeronautics; definitions.

Sec. 43.

Definitions—Whenever the word “aircraft” is used in this chapter it shall mean any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air except a parachute or other contrivance designed and used primarily for safety equipment. “Passenger” means any person not the pilot or member of the crew of any aircraft. “Aeronaut” includes aviator, pilot, balloonist, and every other person having any part in the operation of aircraft while in flight.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.43
Former Law: See section 1 of Act 224 of 1923, being CL 1929, § 4811.


© 2017 Legislative Council, State of Michigan


750.43a Directed energy emitted from directed energy device; aiming at aircraft or path of aircraft or moving train prohibited; violation as felony; penalty; exceptions; "directed energy device" defined.

Sec. 43a.

(1) A person shall not intentionally aim a beam of directed energy emitted from a directed energy device at an aircraft or into the path of an aircraft or a moving train.

(2) A person who violates this section 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 both.

(3) This section does not apply to any of the following:

(a) An authorized individual in the conduct of research and development or flight test operations conducted by an aircraft manufacturer, the Federal Aviation Administration, or any other person authorized by the Federal Aviation Administration to conduct research and development or flight test operations.

(b) Members of the United States Department of Defense or the United States Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing, or training.

(c) A person using a laser emergency signaling device to send an emergency distress signal.

(4) As used in this section, "directed energy device" means any device that emits highly focused energy and is capable of transferring that energy to a target to damage or interfere with its operation. The energy from a directed energy device includes, but is not limited to, the following forms of energy:

(a) Electromagnetic radiation, including radio frequency, microwave, lasers, and masers.

(b) Particles with mass, in particle-beam weapons and devices.

(c) Sound, in sonic weapons and devices.


History: Add. 2017, Act 29, Eff. Aug. 7, 2017


© 2017 Legislative Council, State of Michigan


750.44 Trick or acrobatic flying.

Sec. 44.

An aeronaut or passenger who, while in flight over a thickly inhabited area or over a public gathering engages in trick or acrobatic flying or in any acrobatic feat or, except while in landing or taking off, flies at such a low level as to endanger the persons on the surface beneath, or drop or release any object or thing that may endanger life or injure property except when necessary to the personal safety of the aeronaut or passenger, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1937, Act 67, Eff. Oct. 29, 1937 ;-- CL 1948, 750.44 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 9 of Act 224 of 1923, being CL 1929, § 4819.


© 2017 Legislative Council, State of Michigan


750.45 Open air assemblies; operation of aircraft; altitude.

Sec. 45.

A person who operates an aircraft over open air assemblies of people at a height of less than 1,500 feet from the ground is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00. This section does not apply to groups assembled for the purpose of witnessing aerial exhibitions and stunt flying, nor to groups assembled at a flying field.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.45 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See sections 1 and 2 of Act 9 of 1926, Ex. Sess., being CL 1929, §§ 4822 and 4823.


© 2017 Legislative Council, State of Michigan
Chapter VIII
ANARCHY AND CRIMINAL SYNDICALISM


750.46-750.48 Repealed. 1978, Act 571, Imd. Eff. Jan. 2, 1979.


© 2017 Legislative Council, State of Michigan
Chapter IX
ANIMALS


750.49 Animal; definition; fighting, baiting, or shooting; prohibited conduct; violation as felony; costs; dog trained or used for fighting or offspring of dog trained or used for fighting; prohibited conduct; exceptions; confiscation of dog; award of dog to animal welfare agency; euthanasia; expenses; forfeiture of animals, equipment, devices, and money; disposition of money seized; additional exceptions.

Sec. 49.

(1) As used in this section, "animal" means a vertebrate other than a human.

(2) A person shall not knowingly do any of the following:

(a) Own, possess, use, buy, sell, offer to buy or sell, import, or export an animal for fighting or baiting, or as a target to be shot at as a test of skill in marksmanship.

(b) Be a party to or cause the fighting, baiting, or shooting of an animal as described in subdivision (a).

(c) Rent or otherwise obtain the use of a building, shed, room, yard, ground, or premises for fighting, baiting, or shooting an animal as described in subdivision (a).

(d) Permit the use of a building, shed, room, yard, ground, or premises belonging to him or her or under his or her control for any of the purposes described in this section.

(e) Organize, promote, or collect money for the fighting, baiting, or shooting of an animal as described in subdivisions (a) to (d).

(f) Be present at a building, shed, room, yard, ground, or premises where preparations are being made for an exhibition described in subdivisions (a) to (d), or be present at the exhibition, knowing that an exhibition is taking place or about to take place.

(g) Breed, buy, sell, offer to buy or sell, exchange, import, or export an animal the person knows has been trained or used for fighting as described in subdivisions (a) to (d), or breed, buy, sell, offer to buy or sell, exchange, import, or export the offspring of an animal the person knows has been trained or used for fighting as described in subdivisions (a) to (d). This subdivision does not prohibit owning, breeding, buying, selling, offering to buy or sell, exchanging, importing, or exporting an animal for agricultural or agricultural exposition purposes.

(h) Own, possess, use, buy, sell, offer to buy or sell, transport, or deliver any device or equipment intended for use in the fighting, baiting, or shooting of an animal as described in subdivisions (a) to (d).

(3) A person who violates subsection (2)(a) to (e) is guilty of a felony punishable by 1 or more of the following:

(a) Imprisonment for not more than 4 years.

(b) A fine of not less than $5,000.00 or more than $50,000.00.

(c) Not less than 500 or more than 1,000 hours of community service.

(4) A person who violates subsection (2)(f) to (h) is guilty of a felony punishable by 1 or more of the following:

(a) Imprisonment for not more than 4 years.

(b) A fine of not less than $1,000.00 or more than $5,000.00.

(c) Not less than 250 or more than 500 hours of community service.

(5) The court may order a person convicted of violating this section to pay the costs of prosecution.

(6) The court may order a person convicted of violating this section to pay the costs for housing and caring for the animal, including, but not limited to, providing veterinary medical treatment.

(7) As part of the sentence for a violation of subsection (2), the court shall order the person convicted not to own or possess an animal of the same species involved in the violation of this section for 5 years after the date of sentencing. Failure to comply with the order of the court pursuant to this subsection is punishable as contempt of court.

(8) If a person incites an animal trained or used for fighting or an animal that is the first or second generation offspring of an animal trained or used for fighting to attack a person and thereby causes the death of that person, the owner is guilty of a felony punishable by imprisonment for life or for a term of years greater than 15 years.

(9) If a person incites an animal trained or used for fighting or an animal that is the first or second generation offspring of an animal trained or used for fighting to attack a person, but the attack does not result in the death of the person, the owner is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

(10) If an animal trained or used for fighting or an animal that is the first or second generation offspring of an animal trained or used for fighting attacks a person without provocation and causes the death of that person, the owner of the animal is guilty of a felony punishable by imprisonment for not more than 15 years.

(11) If an animal trained or used for fighting or an animal that is the first or second generation offspring of an animal trained or used for fighting attacks a person without provocation, but the attack does not cause the death of the person, the owner 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.

(12) Subsections (8) to (11) do not apply if the person attacked was committing or attempting to commit an unlawful act on the property of the owner of the animal.

(13) If an animal trained or used for fighting or an animal that is the first or second generation offspring of a dog trained or used for fighting goes beyond the property limits of its owner without being securely restrained, the owner is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $50.00 nor more than $500.00, or both.

(14) If an animal trained or used for fighting or an animal that is the first or second generation offspring of a dog trained or used for fighting is not securely enclosed or restrained on the owner's property, the owner is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

(15) Subsections (8) to (14) do not apply to any of the following:

(a) A dog trained or used for fighting, or the first or second generation offspring of a dog trained or used for fighting, that is used by a law enforcement agency of the state or a county, city, village, or township.

(b) A certified leader dog recognized and trained by a national guide dog association for the blind or for persons with disabilities.

(c) A corporation licensed under the private security business and security alarm act, 1968 PA 330, MCL 338.1051 to 338.1083, when a dog trained or used for fighting, or the first or second generation offspring of a dog trained or used for fighting, is used in accordance with the private security business and security alarm act, 1968 PA 330, MCL 338.1051 to 338.1083.

(16) An animal that has been used to fight in violation of this section or that is involved in a violation of subsections (8) to (14) shall be confiscated as contraband by a law enforcement officer and shall not be returned to the owner, trainer, or possessor of the animal. The animal shall be taken to a local humane society or other animal welfare agency. If an animal owner, trainer, or possessor is convicted of violating subsection (2) or subsections (8) to (14), the court shall award the animal involved in the violation to the local humane society or other animal welfare agency.

(17) Upon receiving an animal confiscated under this section, or at any time thereafter, an appointed veterinarian, the humane society, or other animal welfare agency may humanely euthanize the animal if, in the opinion of that veterinarian, humane society, or other animal welfare agency, the animal is injured or diseased past recovery or the animal's continued existence is inhumane so that euthanasia is necessary to relieve pain and suffering.

(18) A humane society or other animal welfare agency that receives an animal under this section shall apply to the district court or municipal court for a hearing to determine whether the animal shall be humanely euthanized because of its lack of any useful purpose and the public safety threat it poses. The court shall hold a hearing not more than 30 days after the filing of the application and shall give notice of the hearing to the owner of the animal. Upon a finding by the court that the animal lacks any useful purpose and poses a threat to public safety, the humane society or other animal welfare agency shall humanely euthanize the animal. Expenses incurred in connection with the housing, care, upkeep, or euthanasia of the animal by a humane society or other animal welfare agency, or by a person, firm, partnership, corporation, or other entity, shall be assessed against the owner of the animal.

(19) Subject to subsections (16) to (18), all animals being used or to be used in fighting, equipment, devices and money involved in a violation of subsection (2) shall be forfeited to the state. All other instrumentalities, proceeds, and substituted proceeds of a violation of subsection (2) are subject to forfeiture under chapter 47 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709.

(20) The seizing agency may deposit money seized under subsection (19) into an interest-bearing account in a financial institution. As used in this subsection, "financial institution" means a state or nationally chartered bank or a state or federally chartered savings and loan association, savings bank, or credit union whose deposits are insured by an agency of the United States government and that maintains a principal office or branch office located in this state under the laws of this state or the United States.

(21) An attorney for a person who is charged with a violation of subsection (2) involving or related to money seized under subsection (19) shall be afforded a period of 60 days within which to examine that money. This 60-day period shall begin to run after notice of forfeiture is given but before the money is deposited into a financial institution under subsection (20). If the attorney general, prosecuting attorney, or city or township attorney fails to sustain his or her burden of proof in forfeiture proceedings under subsection (19), the court shall order the return of the money, including any interest earned on money deposited into a financial institution under subsection (20).

(22) This section does not apply to conduct that is permitted by and is in compliance with any of the following:

(a) Part 401 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.40101 to 324.40119.

(b) Part 435 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.43501 to 324.43561.

(c) Part 427 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.42701 to 324.42714.

(d) Part 417 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.41701 to 324.41712.

(23) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law that is committed by that person while violating this section.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.49 ;-- Am. 1976, Act 392, Eff. Mar. 31, 1977 ;-- Am. 1988, Act 381, Eff. Mar. 30, 1989 ;-- Am. 1995, Act 228, Eff. Jan. 1, 1996 ;-- Am. 1998, Act 38, Imd. Eff. Mar. 18, 1998 ;-- Am. 2006, Act 129, Imd. Eff. May 5, 2006
Former Law: See section 2 of Act 70 of 1877; How., § 9392; Act 48 of 1893; CL 1897, § 11740; Act 234 of 1899; CL 1915, § 15536; and CL 1929, § 17067.


© 2017 Legislative Council, State of Michigan


750.50 Definitions; charge or custody of animal; prohibited conduct; forfeiture of animal; violation as misdemeanor or felony; penalty; psychiatric or psychological counseling; other violation of law arising out of same transaction; consecutive terms; order to pay costs; order prohibiting owning or possessing animal for certain period of time; violation of subsection (9); revocation of probation; certain conduct not prohibited by section.

Sec. 50.

(1) As used in this section and section 50b:

(a) "Adequate care" means the provision of sufficient food, water, shelter, sanitary conditions, exercise, and veterinary medical attention in order to maintain an animal in a state of good health.

(b) "Animal" means any vertebrate other than a human being.

(c) "Animal protection shelter" means a facility operated by a person, humane society, society for the prevention of cruelty to animals, or any other nonprofit organization, for the care of homeless animals.

(d) "Animal control shelter" means a facility operated by a county, city, village, or township to impound and care for animals found in streets or otherwise at large contrary to any ordinance of the county, city, village, or township or state law.

(e) "Licensed veterinarian" means a person licensed to practice veterinary medicine under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

(f) "Livestock" means that term as defined in the animal industry act of 1987, 1988 PA 466, MCL 287.701 to 287.747.

(g) "Person" means an individual, partnership, limited liability company, corporation, association, governmental entity, or other legal entity.

(h) "Neglect" means to fail to sufficiently and properly care for an animal to the extent that the animal's health is jeopardized.

(i) "Sanitary conditions" means space free from health hazards including excessive animal waste, overcrowding of animals, or other conditions that endanger the animal's health. This definition does not include any condition resulting from a customary and reasonable practice pursuant to farming or animal husbandry.

(j) "Shelter" means adequate protection from the elements and weather conditions suitable for the age, species, and physical condition of the animal so as to maintain the animal in a state of good health. Shelter, for livestock, includes structures or natural features such as trees or topography. Shelter, for a dog, includes 1 or more of the following:

(i) The residence of the dog's owner or other individual.

(ii) A doghouse that is an enclosed structure with a roof and of appropriate dimensions for the breed and size of the dog. The doghouse shall have dry bedding when the outdoor temperature is or is predicted to drop below freezing.

(iii) A structure, including a garage, barn, or shed, that is sufficiently insulated and ventilated to protect the dog from exposure to extreme temperatures or, if not sufficiently insulated and ventilated, contains a doghouse as provided under subparagraph (ii) that is accessible to the dog.

(k) "State of good health" means freedom from disease and illness, and in a condition of proper body weight and temperature for the age and species of the animal, unless the animal is undergoing appropriate treatment.

(l) "Tethering" means the restraint and confinement of a dog by use of a chain, rope, or similar device.

(m) "Water" means potable water that is suitable for the age and species of animal that is made regularly available unless otherwise directed by a licensed veterinarian.

(2) An owner, possessor, or person having the charge or custody of an animal shall not do any of the following:

(a) Fail to provide an animal with adequate care.

(b) Cruelly drive, work, or beat an animal, or cause an animal to be cruelly driven, worked, or beaten.

(c) Carry or cause to be carried in or upon a vehicle or otherwise any live animal having the feet or legs tied together, other than an animal being transported for medical care, or a horse whose feet are hobbled to protect the horse during transport or in any other cruel and inhumane manner.

(d) Carry or cause to be carried a live animal in or upon a vehicle or otherwise without providing a secure space, rack, car, crate, or cage, in which livestock may stand, and in which all other animals may stand, turn around, and lie down during transportation, or while awaiting slaughter. As used in this subdivision, for purposes of transportation of sled dogs, "stand" means sufficient vertical distance to allow the animal to stand without its shoulders touching the top of the crate or transportation vehicle.

(e) Abandon an animal or cause an animal to be abandoned, in any place, without making provisions for the animal's adequate care, unless premises are vacated for the protection of human life or the prevention of injury to a human. An animal that is lost by an owner or custodian while traveling, walking, hiking, or hunting is not abandoned under this section when the owner or custodian has made a reasonable effort to locate the animal.

(f) Negligently allow any animal, including one who is aged, diseased, maimed, hopelessly sick, disabled, or nonambulatory to suffer unnecessary neglect, torture, or pain.

(g) Tether a dog unless the tether is at least 3 times the length of the dog as measured from the tip of its nose to the base of its tail and is attached to a harness or nonchoke collar designed for tethering.

(3) If an animal is impounded and is being held by an animal control shelter or its designee or an animal protection shelter or its designee or a licensed veterinarian pending the outcome of a criminal action charging a violation of this section or section 50b, before final disposition of the criminal charge, the prosecuting attorney may file a civil action in the court that has jurisdiction of the criminal action, requesting that the court issue an order forfeiting the animal to the animal control shelter or animal protection shelter or to a licensed veterinarian before final disposition of the criminal charge. The prosecuting attorney shall serve a true copy of the summons and complaint upon the defendant and upon a person with a known ownership interest or known security interest in the animal or a person who has filed a lien with the secretary of state in an animal involved in the pending action. The forfeiture of an animal under this section encumbered by a security interest is subject to the interest of the holder of the security interest who did not have prior knowledge of, or consent to the commission of the crime. Upon the filing of the civil action, the court shall set a hearing on the complaint. The hearing shall be conducted within 14 days of the filing of the civil action, or as soon as practicable. The hearing shall be before a judge without a jury. At the hearing, the prosecuting attorney has the burden of establishing by a preponderance of the evidence that a violation of this section or section 50b occurred. If the court finds that the prosecuting attorney has met this burden, the court shall order immediate forfeiture of the animal to the animal control shelter or animal protection shelter or the licensed veterinarian unless the defendant, within 72 hours of the hearing, submits to the court clerk cash or other form of security in an amount determined by the court to be sufficient to repay all reasonable costs incurred, and anticipated to be incurred, by the animal control shelter or animal protection shelter or the licensed veterinarian in caring for the animal from the date of initial impoundment to the date of trial. If cash or other security has been submitted, and the trial in the action is continued at a later date, any order of continuance shall require the defendant to submit additional cash or security in an amount determined by the court to be sufficient to repay all additional reasonable costs anticipated to be incurred by the animal control shelter or animal protection shelter or the licensed veterinarian in caring for the animal until the new date of trial. If the defendant submits cash or other security to the court under this subsection the court may enter an order authorizing the use of that money or other security before final disposition of the criminal charges to pay the reasonable costs incurred by the animal control shelter or animal protection shelter or the licensed veterinarian in caring for the animal from the date of impoundment to the date of final disposition of the criminal charges. The testimony of a person at a hearing held under this subsection is not admissible against him or her in any criminal proceeding except in a criminal prosecution for perjury. The testimony of a person at a hearing held under this subsection does not waive the person's constitutional right against self-incrimination. An animal seized under this section or section 50b is not subject to any other civil action pending the final judgment of the forfeiture action under this subsection.

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

(a) Except as otherwise provided in subdivisions (c) and (d), if the violation involved 1 animal, the person is guilty of a misdemeanor punishable by 1 or more of the following and may be ordered to pay the costs of prosecution:

(i) Imprisonment for not more than 93 days.

(ii) A fine of not more than $1,000.00.

(iii) Community service for not more than 200 hours.

(b) Except as otherwise provided in subdivisions (c) and (d), if the violation involved 2 or 3 animals or the death of any animal, the person is guilty of a misdemeanor punishable by 1 or more of the following and may be ordered to pay the costs of prosecution:

(i) Imprisonment for not more than 1 year.

(ii) A fine of not more than $2,000.00.

(iii) Community service for not more than 300 hours.

(c) If the violation involved 4 or more animals but fewer than 10 animals or the person had 1 prior conviction under subsection (2), the person is guilty of a felony punishable by 1 or more of the following and may be ordered to pay the costs of prosecution:

(i) Imprisonment for not more than 2 years.

(ii) A fine of not more than $2,000.00.

(iii) Community service for not more than 300 hours.

(d) If the violation involved 10 or more animals or the person had 2 or more prior convictions for violating subsection (2), the person is guilty of a felony punishable by 1 or more of the following and may be ordered to pay the costs of prosecution:

(i) Imprisonment for not more than 4 years.

(ii) A fine of not more than $5,000.00.

(iii) Community service for not more than 500 hours.

(5) The court may order a person convicted of violating subsection (2) to be evaluated to determine the need for psychiatric or psychological counseling and, if determined appropriate by the court, to receive psychiatric or psychological counseling. The evaluation and counseling shall be at the defendant's own expense.

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

(7) The court may order a term of imprisonment imposed for a violation of this section to be served consecutively to a term of imprisonment imposed for any other crime including any other violation of law arising out of the same transaction as the violation of this section.

(8) As a part of the sentence for a violation of subsection (2), the court may order the defendant to pay the costs of the care, housing, and veterinary medical care for the animal, as applicable. If the court does not order a defendant to pay all of the applicable costs listed in this subsection, or orders only partial payment of these costs, the court shall state on the record the reason for that action.

(9) As a part of the sentence for a violation of subsection (2), the court may, as a condition of probation, order the defendant not to own or possess an animal for a period of time not to exceed the period of probation. If a person is convicted of a second or subsequent violation of subsection (2), the court may order the defendant not to own or possess an animal for any period of time, including permanent relinquishment of animal ownership.

(10) A person who owns or possesses an animal in violation of an order issued under subsection (9) is subject to revocation of probation if the order is issued as a condition of probation. A person who owns or possesses an animal in violation of an order issued under subsection (9) is also subject to the civil and criminal contempt power of the court, and if found guilty of criminal contempt, may be punished by imprisonment for not more than 90 days, or by a fine of not more than $500.00, or both.

(11) This section does not prohibit the lawful killing or other use of an animal, including the following:

(a) Fishing.

(b) Hunting, trapping, or wildlife control regulated under the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106.

(c) Horse racing.

(d) The operation of a zoological park or aquarium.

(e) Pest or rodent control regulated under part 83 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8301 to 324.8336.

(f) Farming or a generally accepted animal husbandry or farming practice involving livestock.

(g) Activities authorized under rules promulgated under section 9 of the executive organization act of 1965, 1965 PA 380, MCL 16.109.

(h) Scientific research under 1969 PA 224, MCL 287.381 to 287.395.

(i) Scientific research under sections 2226, 2671, 2676, and 7333 of the public health code, 1978 PA 368, MCL 333.2226, 333.2671, 333.2676, and 333.7333.

(12) This section does not apply to a veterinarian or a veterinary technician lawfully engaging in the practice of veterinary medicine under part 188 of the public health code, 1978 PA 368, MCL 333.18801 to 333.18838.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.50 ;-- Am. 1988, Act 204, Imd. Eff. June 29, 1988 ;-- Am. 1994, Act 334, Eff. Apr. 1, 1995 ;-- Am. 1996, Act 458, Eff. Mar. 31, 1997 ;-- Am. 1998, Act 405, Imd. Eff. Dec. 21, 1998 ;-- Am. 2007, Act 152, Eff. Apr. 1, 2008
Former Law: See section 3 of Act 70 of 1877, being How., § 9393; CL 1897, § 11741; Act 321 of 1913; CL 1915, § 15537; and CL 1929, § 17068.


© 2017 Legislative Council, State of Michigan


750.50a Service animal; prohibited conduct by individual; violation as misdemeanor; rebuttable presumption that conduct initiated or continued maliciously; conviction or sentence under other applicable law; definitions.

Sec. 50a.

(1) An individual shall not do either of the following:

(a) Willfully and maliciously assault, beat, harass, injure, or attempt to assault, beat, harass, or injure a service animal that he or she knows or has reason to believe is a service animal used by a person with a disability.

(b) Willfully and maliciously impede or interfere with, or attempt to impede or interfere with, duties performed by a service animal that he or she knows or has reason to believe is a service animal used by a person with a disability.

(2) An individual who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

(3) In a prosecution for a violation of subsection (1), evidence that the defendant initiated or continued conduct directed toward a service animal described in subsection (1) after being requested to avoid or discontinue that conduct or similar conduct by a person with a disability being served or assisted by the service animal shall give rise to a rebuttable presumption that the conduct was initiated or continued maliciously.

(4) A conviction and imposition of a sentence under this section does not prevent a conviction and imposition of a sentence under any other applicable provision of law.

(5) As used in this section:

(a) "Harass" means to engage in any conduct directed toward a service animal described in subsection (1) that is likely to impede or interfere with the service animal's performance of its duties or that places the person with a disability being served or assisted by the service animal in danger of injury.

(b) "Injure" means to cause any physical injury to a service animal described in subsection (1).

(c) "Maliciously" means any of the following:

(i) With intent to assault, beat, harass, or injure a service animal described in subsection (1).

(ii) With intent to impede or interfere with duties performed by a service animal described in subsection (1).

(iii) With intent to disturb, endanger, or cause emotional distress to a person with a disability being served or assisted by a service animal described in subsection (1).

(iv) With knowledge that the individual's conduct will or is likely to harass or injure a service animal described in subsection (1).

(v) With knowledge that the individual's conduct will or is likely to impede or interfere with duties performed by a service animal described in subsection (1).

(vi) With knowledge that the individual's conduct will or is likely to disturb, endanger, or cause emotional distress to a person with a disability being served or assisted by a service animal described in subsection (1).

(d) "Person with a disability" means a person who has a disability as defined in section 12102 of the Americans with disabilities act of 1990, 42 USC 12102, and 28 CFR 36.104.

(e) As used in subdivision (d), "person with a disability" includes a veteran who has been diagnosed with 1 or more of the following:

(i) Post-traumatic stress disorder.

(ii) Traumatic brain injury.

(iii) Other service-related disabilities.

(f) "Service animal" means all of the following:

(i) That term as defined in 28 CFR 36.104.

(ii) A miniature horse that has been individually trained to do work or perform tasks as described in 28 CFR 36.104 for the benefit of a person with a disability.

(g) "Veteran" means any of the following:

(i) A person who performed military service in the armed forces for a period of more than 90 days and separated from the armed forces in a manner other than a dishonorable discharge.

(ii) A person discharged or released from military service because of a service-related disability.

(iii) A member of a reserve branch of the armed forces at the time he or she was ordered to military service during a period of war, or in a campaign or expedition for which a campaign badge is authorized, and was released from military service in a manner other than a dishonorable discharge.


History: Add. 1994, Act 42, Eff. June 1, 1994 ;-- Am. 2015, Act 144, Eff. Jan. 18, 2016


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750.50b Animal defined; prohibited acts; violation; penalty; exceptions.

Sec. 50b.

(1) As used in this section, "animal" means any vertebrate other than a human being.

(2) Except as otherwise provided in this section, a person shall not do any of the following without just cause:

(a) Knowingly kill, torture, mutilate, maim, or disfigure an animal.

(b) Commit a reckless act knowing or having reason to know that the act will cause an animal to be killed, tortured, mutilated, maimed, or disfigured.

(c) Knowingly administer poison to an animal, or knowingly expose an animal to any poisonous substance, with the intent that the substance be taken or swallowed by the animal.

(3) A person who violates subsection (2) is guilty of a felony punishable by 1 or more of the following:

(a) Imprisonment for not more than 4 years.

(b) A fine of not more than $5,000.00 for a single animal and $2,500.00 for each additional animal involved in the violation, but not to exceed a total of $20,000.00.

(c) Community service for not more than 500 hours.

(4) As a part of the sentence for a violation of subsection (2), the court may order the defendant to pay the costs of the prosecution and the costs of the care, housing, and veterinary medical care for the impacted animal victim, as applicable. If the court does not order a defendant to pay all of the applicable costs listed in this subsection, or orders only partial payment of these costs, the court shall state on the record the reasons for that action.

(5) If a term of probation is ordered for a violation of subsection (2), the court may include as a condition of that probation that the defendant be evaluated to determine the need for psychiatric or psychological counseling and, if determined appropriate by the court, to receive psychiatric or psychological counseling at his or her own expense.

(6) As a part of the sentence for a violation of subsection (2), the court may order the defendant not to own or possess an animal for any period of time determined by the court, which may include permanent relinquishment.

(7) A person who owns or possesses an animal in violation of an order issued under subsection (6) is subject to revocation of probation if the order is issued as a condition of probation. A person who owns or possesses an animal in violation of an order issued under subsection (6) is also subject to the civil and criminal contempt power of the court and, if found guilty of criminal contempt, may be punished by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

(8) This section does not prohibit the lawful killing of livestock or a customary animal husbandry or farming practice involving livestock. As used in this subsection, "livestock" means that term as defined in section 5 of the animal industry act, 1988 PA 466, MCL 287.705.

(9) This section does not prohibit the lawful killing of an animal pursuant to any of the following:

(a) Fishing.

(b) Hunting, trapping, or wildlife control regulated under the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106, and orders issued under that act.

(c) Pest or rodent control regulated under part 83 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8301 to 324.8336.

(d) Activities authorized under rules promulgated under section 9 of the executive organization act of 1965, 1965 PA 380, MCL 16.109.

(e) Section 19 of the dog law of 1919, 1919 PA 339, MCL 287.279.

(10) This section does not prohibit the lawful killing or use of an animal for scientific research under any of the following or a rule promulgated under any of the following:

(a) 1969 PA 224, MCL 287.381 to 287.395.

(b) Sections 2226, 2671, 2676, 7109, and 7333 of the public health code, 1978 PA 368, MCL 333.2226, 333.2671, 333.2676, 333.7109, and 333.7333.

(11) This section does not apply to a veterinarian or a veterinary technician lawfully engaging in the practice of veterinary medicine under part 188 of the public health code, 1978 PA 368, MCL 333.18801 to 333.18838.


History: Add. 1994, Act 126, Eff. Mar. 30, 1995 ;-- Am. 1996, Act 80, Imd. Eff. Feb. 27, 1996 ;-- Am. 2008, Act 339, Eff. Jan. 1, 2009


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750.50c Police dog or police horse; definitions; violation as felony or misdemeanor; penalty; other violations.

Sec. 50c.

(1) As used in this section:

(a) "Dog handler" means a peace officer who has successfully completed training in the handling of a police dog pursuant to a policy of the law enforcement agency that employs that peace officer.

(b) "Physical harm" means any injury to a dog's or horse's physical condition.

(c) "Police dog" means a dog used by a law enforcement agency of this state or of a local unit of government of this state that is trained for law enforcement work and subject to the control of a dog handler.

(d) "Police horse" means a horse used by a law enforcement agency of this state or of a local unit of government of this state for law enforcement work.

(e) "Search and rescue dog" means a dog that is trained for, being trained for, or engaged in a search and rescue operation.

(f) "Search and rescue operation" means an effort conducted at the direction of an agency of this state or of a political subdivision of this state to locate or rescue a lost, injured, or deceased individual.

(g) "Serious physical harm" means any injury to a dog's or horse's physical condition or welfare that is not necessarily permanent but that constitutes substantial body disfigurement, or that seriously impairs the function of a body organ or limb.

(2) A person shall not intentionally kill or cause serious physical harm to a police dog or police horse or a search and rescue dog.

(3) A person shall not intentionally cause physical harm to a police dog or police horse or a search and rescue dog.

(4) A person shall not intentionally harass or interfere with a police dog or police horse or search and rescue dog lawfully performing its duties.

(5) A person who violates subsection (2) 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 both.

(6) Except as provided in subsection (7), a person who violates subsection (3) or (4) is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $5,000.00, or both.

(7) A person who violates subsection (3) or (4) while committing a crime is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $15,000.00, or both.

(8) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law committed by that individual while violating this section.


History: Add. 1994, Act 336, Eff. Apr. 1, 1995 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003 ;-- Am. 2006, Act 517, Imd. Eff. Dec. 29, 2006


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750.51 Animals; confining on railroad cars.

Sec. 51.

Confining animals on railroad cars—No railroad company, in the carrying or transportation of animals, shall permit the same to be confined in cars for a longer period than 36 consecutive hours without unloading the same for rest, water, and feeding, for a period of at least 5 consecutive hours, unless prevented from so unloading by storm, or other accidental causes. In estimating such confinement, the time during which the animals have been confined without rest, on connecting roads from which they are received shall be included, it being the intention to prevent their continuous confinement beyond the period of 36 hours, except on contingencies hereinbefore stated. Animals so unloaded shall be properly fed, watered, and sheltered during such rest, by the owner or person having the custody thereof, or, in case of his default in so doing, then the railroad company transporting the same, at the expense of said owner or person in custody thereof; and said company shall in such case have a lien upon such animals for food, care and custody furnished, and shall not be liable for any detention of such animals.

Any company, owner or custodian of such animals, who shall fail to comply with the provisions of this section, shall, for each and every such offense, be liable for, and forfeit, and pay a penalty of not less than 100 dollars nor more than 500 dollars: Provided, however, That when animals shall be carried in cars in which they can and do have proper food, water, space and opportunity for rest, the foregoing provisions in regard to their being unloaded shall not apply.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.51
Former Law: See section 4 of Act 70 of 1877, being How., § 9394; CL 1897, § 11742; CL 1915, § 15538; Act 14 of 1919; and CL 1929, § 17069.


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750.52 Repealed. 2015, Act 210, Eff. Mar. 14, 2016.


Compiler's Notes: The repealed section pertained to duty of police and public offices to arrest and prosecute persons in violation of certain sections of chapter.


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750.53 Arrest of persons; seizure of animals.

Sec. 53.

Arrest of persons and seizure of animals—Persons found violating any of the provisions of the preceding sections of this chapter may be arrested and held without warrant, in like manner as in the case of persons found breaking the peace, and it shall be the duty of the person making the arrest to seize all animals and fowls found in the keeping or custody of the person arrested, and which are then being used, or held for use in violation of any of the provisions of the preceding sections of this chapter, and the person making such seizure shall cause such animals or fowls to be at once delivered to a poundmaster of the city, village or township in which the same may be, and it shall be the duty of such poundmaster to receive such animals or fowls, and to hold the same and proceed in regard to them in all respects as provided by law in other cases of animals impounded.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.53


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750.54 Search warrants.

Sec. 54.

Search warrant—When complaint is made, on oath or affirmation, to any magistrate authorized to issue warrants in criminal cases, that the complainant believes that any of the provisions of the preceding sections of this chapter are being, or are about to be violated in any particular building or place, such magistrate, if satisfied that there is reasonable cause for such belief, shall issue and deliver a search warrant to any sheriff, deputy sheriff, constable or public officer, authorizing him to search such building or place and to arrest any person or persons engaged in violating any of the provisions of the preceding sections of this chapter, as well as any person or persons there present, and aiding or abetting therein, and to bring such person or persons before some magistrate of competent jurisdiction, to be dealt with according to law. Such officer shall, at the same time, seize and bring to said magistrate every article or instrument found in said building or place especially designed or adapted to torture or inflict wounds upon any animal or to aid in the fighting or baiting of any animal; and unless within 10 days after the trial of the person or persons so arrested, the owner of said article or instrument shall show, to the satisfaction of said magistrate, that the same is not designed or adapted to the wounding or torture of animals, or if so designed or adapted, is not intended to be used or employed for such purpose, the magistrate shall destroy such article or instrument.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.54


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750.55 Incorporated society; representative deputy sheriff.

Sec. 55.

Any society incorporated in this state for the purpose of preventing cruelty to animals may designate 1 or more persons in each county of the state to discover and prosecute all cases of the violation of the provisions of this chapter; and the sheriff of such county may appoint each person so designated a deputy sheriff, provided such person shall be of good moral character, and each person so appointed by the sheriff shall possess all the powers of a sheriff of the county in the enforcement of the provisions of this chapter. The sheriff shall not be responsible for any of the acts of such person or persons, but the society, if incorporated, and if not, then the officers and members of the society, on the request of which such person was appointed, shall be liable in the degree of a principal for the acts of an agent.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.55 ;-- Am. 1968, Act 105, Imd. Eff. June 7, 1968


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750.56 Definitions.

Sec. 56.

Definitions—In the preceding sections of this chapter the word “animal” or “animals” shall be held to include all brute creatures, and the words “owner”, “person”, and “whoever” shall be held to include corporations as well as individuals, and the knowledge and acts of agents of and persons employed by corporations in regard to animals transported, owned, or employed by, or in the custody of such corporations, shall be held to be the acts and knowledge of such corporations.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.56


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750.57 Burial of dead animals.

Sec. 57.

A person who places a dead animal or part of the carcass of a dead animal into a lake, river, creek, pond, road, street, alley, lane, lot, field, meadow, or common, or in any place within 1 mile of the residence of a person, except the same and every part of the carcass is buried at least 4 feet underground, and the owner or owners thereof who knowingly permits the carcass or part of a carcass to remain in any of those places, to the injury of the health, or to the annoyance of another is guilty of a misdemeanor. Every 24 hours that the owner permits the carcass or part of a carcass to remain after a conviction under this section is an additional offense under this section, a misdemeanor punishable by a fine of not less than $50.00 or more than $500.00 or by imprisonment for not more than 90 days.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.57 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 1 of Act 70 of 1867, being CL 1871, § 7734; How., § 9323; CL 1897, § 11432; CL 1915, § 15150; and CL 1929, § 5306.


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750.58 Horses; unhitching and driving away.

Sec. 58.

Unhitching and driving away horses without authority—Any person who shall wilfully and maliciously or wantonly, and without authority unhitch any horse or team belonging to another, and lawfully hitched or standing in any street, alley or other place, or who in like manner shall ride or drive such horse or team away shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.58
Former Law: See section 1 of Act 97 of 1885, being How., § 9199a; CL 1897, § 11602; CL 1915, § 15360; and CL 1929, § 16968.


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750.59 Repealed. 2018, Act 286, Imd. Eff. June 29, 2018.


Compiler's Notes: The repealed section pertained to the disposition of animals unfit for work.


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750.60 Horses' tails; docking.

Sec. 60.

(1) A person who cuts the bone of the tail of a horse for the purpose of docking the tail, or who causes or knowingly permits the cutting to be done upon the premises of which he or she is the owner, lessee, proprietor, or user, or who assists in or is present at such cutting, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00. However, this subsection does not apply to the cutting of the bone of the tail of a horse for the purpose of docking the tail when a certificate of a regularly qualified veterinary surgeon is first obtained certifying that the cutting is necessary for the health or safety of the horse.

(2) If a horse is found with its tail cut and with the wound resulting from the cutting unhealed, upon the premises of any person, those facts shall be prima facie evidence that the person occupying or using the premises on which that horse is found has committed the offense described in subsection (1).

(3) If a horse is found with its tail cut and with the wound resulting therefrom unhealed, in the charge or custody of any person, that fact shall be prima facie evidence that the person having the charge or custody of that horse has committed the offense charged in subsection (1).


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.60 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See sections 1 to 3 of Act 45 of 1901, being CL 1915, §§ 15549 to 15551; CL 1929, §§ 17080 to 17082; and Act 322 of 1905.


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750.61 Docked horses; registration, bringing into state.

Sec. 61.

Importation, etc., of unregistered docked horses—It shall be unlawful for any person or persons to import or bring into this state any docked horse or horses, or to drive, work, use, race or deal in any docked horse or horses within this state, unless the same shall be registered as provided for in the succeeding section of this chapter.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.61
Former Law: See section 4 of Act 45 of 1901, being CL 1915, § 15552; and CL 1929, § 17083.


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750.62 Docked horses; registration.

Sec. 62.

Registration of docked horses—Within 90 days after this act shall take effect, every owner or user of any docked horse within this state shall register such docked horse or horses by filing in the office of the county clerk of the county in which such docked horse or horses may be kept, a certificate which shall contain the name or names of the owner or owners, together with his or their post office address, together with a full description of the color, age, size and the use made of such docked horse or horses, which certificate shall be signed by the owner or the owners, or his or their agent. The county clerk shall number such certificates consecutively and shall record the same in a book kept for that purpose, and shall receive as a fee for the recording of such certificate the sum of 50 cents: Provided, This section shall not apply to or make necessary the re-registration of docked horses which have been registered pursuant to Act No. 45 of the Public Acts of 1901, as amended, being sections 17080 to 17086 inclusive of the Compiled Laws of 1929.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.62
Compiler's Notes: Act 45 of 1901, referred to in this section, was repealed by Act 328 of 1931.
Former Law: See section 5 of Act 45 of 1901, being CL 1915, § 15553; and CL 1929, § 17084.


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750.63 Docked horses; unlawful docking, evidence.

Sec. 63.

Prima facie evidence of unlawful docking—The driving, working, keeping, racing or using of any unregistered docked horse or horses subsequent to 90 days after this act shall take effect shall be deemed prima facie evidence of the fact that the party driving, working, keeping, racing or using such unregistered docked horse or horses, unlawfully docked the tail of such horse or horses.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.63
Former Law: See section 6 of Act 45 of 1901, being CL 1915, § 15554; and CL 1929, § 17085.


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750.64 Docked horses; failure to register.

Sec. 64.

A person who violates a provision of this chapter by failing to register a docked horse as herein provided is guilty of a misdemeanor punishable by imprisonment for not more than 6 months or a fine of not more than $750.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.64 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 7 of Act 45 of 1901, being CL 1915, § 15555; and CL 1929, § 17086.


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750.65 Bull; at large on highway or unenclosed land.

Sec. 65.

Any person being the owner of a bull 6 months or more of age or having the same in charge, who shall permit said bull to run at large upon any highway or unenclosed lands shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail for not more than 30 days or by a fine of not more than $100.00, or both such fine and imprisonment in the discretion of the court.


History: Add. 1947, Act 30, Eff. Oct. 11, 1947 ;-- CL 1948, 750.65
Former Law: See section 1 of Act 185 of 1863, being CL 1871, § 2069; How., § 2133; CL 1897, § 5657; CL 1915, § 7347; CL 1929, § 5202; Act 29 of 1919; and Act 4 of 1921.


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750.66 Person responsible for dog or wolf-dog cross that has bitten another person; information to be provided; violation as misdemeanor; exception; definitions.

Sec. 66.

(1) If a person 18 years of age or older is responsible for controlling the actions of a dog or wolf-dog cross and the person knows or has reason to know that the dog or wolf-dog cross has bitten another person, the person shall immediately provide the person who was bitten with all of the following information:

(a) His or her name and address and, if that person does not own the dog or wolf-dog cross, the name and address of the dog's or wolf-dog cross's owner.

(b) Information, if known by that person, as to whether the dog or wolf-dog cross is current on all legally required vaccinations.

(2) A person who violates this section 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.

(3) This section does not apply if the person is bitten by a police dog. As used in this subsection, "police dog" means that term as defined in section 50c.

(4) As used in this section, "dog" and "wolf-dog cross" mean those terms as defined in section 2 of the wolf-dog cross act, 2000 PA 246, MCL 287.1002.


History: Add. 2008, Act 205, Eff. Jan. 1, 2009


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750.66a Dog or wolf-dog cross bite; responsible person to remain on scene; violation as misdemeanor; penalty; exception; definitions.

Sec. 66a.

(1) If a person 18 years of age or older is responsible for controlling the actions of a dog or wolf-dog cross and the person knows or has reason to know that the dog or wolf-dog cross has bitten another person, the person shall remain on the scene until the requirements of section 66 are fulfilled.

(2) A person who violates this section 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.

(3) This section does not apply if the person is bitten by a police dog. As used in this subsection, "police dog" means that term as defined in section 50c.

(4) As used in this section, "dog" and "wolf-dog cross" mean those terms as defined in section 2 of the wolf-dog cross act, 2000 PA 246, MCL 287.1002.


History: Add. 2008, Act 206, Eff. Jan. 1, 2009


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750.67 Domestic animals or fowl on cemetery grounds, landing fields, airports.

Sec. 67.

Domestic animals or fowl on cemetery grounds, landing fields and airports—Any owner or keeper of any domestic animal or fowl, who shall allow any domestic animal or fowl to run at large and enter or be upon any premises constituting a cemetery, landing field or airport in this state, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1933, Act 155, Imd. Eff. June 22, 1933 ;-- CL 1948, 750.67
Former Law: See sections 1 and 2 of Act 34 of 1915, being CL 1915, §§ 11198 and 11199; and CL 1929, §§ 9045 and 9046.


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750.68 Brand of animals.

Sec. 68.

Changing, etc., brand of animals—Any person who shall mark or brand, or alter or deface the mark or brand of any domestic animal, the property of another, with intent thereby to steal the same, or to prevent identification thereof by the true owner, shall be guilty of felony, and any person who shall mark or brand, or alter or deface the mark or brand of any domestic animal whether the property of himself or another with intent to sell, ship, trade or give away contrary to law any animal which has given the positive reaction to the bovine tuberculosis test or the blood test for Bang's disease or with intent to avoid any lawful quarantine of such animal, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1937, Act 57, Imd. Eff. May 27, 1937 ;-- CL 1948, 750.68
Former Law: See section 3 of Act 122 of 1893, being How., § 2074c; CL 1897, § 5662; CL 1915, § 7352; and CL 1929, § 5292.


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750.69 Rescuing animals.

Sec. 69.

Rescuing animals—Any person who shall rescue any cattle, horse, mule, sheep, swine or goat when impounded, or while being driven or taken to the pound or other place of custody by any officer or person in charge of such animals, or while such animals are shut up by and in the custody of any person for trespassing upon premises, or for running at large contrary to law, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.69
Former Law: See section 9 of Act 248 of 1879, being How., § 3076; CL 1897, § 5621; CL 1915, § 7301; CL 1929, § 9055; and Act 196 of 1881.


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750.70 Impounding animals unlawfully.

Sec. 70.

Unlawfully impounding animals—Any person who shall take any animal mentioned in the next preceding section not running at large contrary to law from the stable, pasture, or any enclosure or other place where such animals are lawfully and rightfully kept, or may be, and any person who shall drive, or let them out, or untie, or unloose the same, or shall knowingly seize or take the same from the custody of any person driving or taking the same on the public highway or streets to or from a pasture or to or from any other place where the same may be lawfully taken or driven, for the purpose of impounding such animals contrary to law, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.70
Former Law: See section 10 of Act 248 of 1879, being How., § 3077; CL 1897, § 5622; CL 1915, § 7302; CL 1929, § 9056; and Act 196 of 1881.


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750.70a Willful or malicious removal of collar or microchip from dog; intent to remove traceable evidence of ownership; violation as civil infraction; civil fine; liability under other law; "authorized agent" defined.

Sec. 70a.

(1) An individual other than the owner or the authorized agent of the owner of a dog, or a law enforcement officer, an animal control officer, or an animal protection shelter employee acting in his or her official capacity, shall not willfully or maliciously remove a collar or a microchip from that dog with the intent to remove traceable evidence of the dog's ownership.

(2) An individual who violates subsection (1) is responsible for a state civil infraction and shall be ordered to pay a civil fine of not less than $1,000.00 and not more than $2,500.00.

(3) Nothing in this section shall be construed to affect the civil or criminal liability of an individual under any other applicable law of this state.

(4) As used in this section, "authorized agent" means an individual who has the permission of the owner of a dog to remove that dog's collar.


History: Add. 2016, Act 353, Eff. Jan. 20, 2017


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Chapter X
ARSON AND BURNING


750.71 Definitions.

Sec. 71.

Unless the context requires otherwise, the following terms have the following meanings:

(a) "Building" includes any structure regardless of class or character and any building or structure that is within the curtilage of that building or structure or that is appurtenant to or connected to that building or structure.

(b) "Burn" means setting fire to, or doing any act that results in the starting of a fire, or aiding, counseling, inducing, persuading, or procuring another to do such an act.

(c) "Damage", in addition to its ordinary meaning, includes, but is not limited to, charring, melting, scorching, burning, or breaking.

(d) "Dwelling" includes, but is not limited to, any building, structure, vehicle, watercraft, or trailer adapted for human habitation that was actually lived in or reasonably could have been lived in at the time of the fire or explosion and any building or structure that is within the curtilage of that dwelling or that is appurtenant to or connected to that dwelling.

(e) "Individual" means any individual and includes, but is not limited to, a firefighter, law enforcement officer, or other emergency responder, whether paid or volunteer, performing his or her duties in relation to a violation of this chapter, or performing an investigation of a violation of this chapter.

(f) "Personal property" includes any personally owned property regardless of class, character, or value.

(g) "Physical injury" means an injury that includes, but is not limited to, the loss of a limb or use of a limb; loss of a foot, hand, finger, or thumb, or loss of use of a foot, hand, finger, or thumb; loss of an eye or ear or loss of use of an eye or ear; loss or substantial impairment of a bodily function; serious visible disfigurement; a comatose state that lasts for more than 3 days; measurable brain or mental impairment; a skull fracture or other serious bone fracture; subdural hemorrhage or subdural hematoma; loss of an organ; heart attack; heat stroke; heat exhaustion; smoke inhalation; a burn including a chemical burn; or poisoning.

(h) "Prior conviction" means a previous conviction for a violation of this chapter that arises out of a separate transaction, whether under this chapter, a local ordinance substantially corresponding to this chapter, a law of the United States substantially corresponding to this chapter, or a law of another state substantially corresponding to this chapter, but does not include a violation of section 79(1)(a).


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.71 ;-- Am. 2012, Act 531, Eff. Apr. 3, 2013
Former Law: See section 1 of Act 38 of 1927, being CL 1929, § 16933.


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750.72 First degree arson.

Sec. 72.

(1) A person who willfully or maliciously burns, damages, or destroys by fire or explosive any of the following or its contents is guilty of first degree arson:

(a) A multiunit building or structure in which 1 or more units of the building are a dwelling, regardless of whether any of the units are occupied, unoccupied, or vacant at the time of the fire or explosion.

(b) Any building or structure or other real property if the fire or explosion results in physical injury to any individual.

(c) A mine.

(2) Subsection (1) applies regardless of whether the person owns the dwelling, building, structure, or mine or its contents.

(3) First degree arson is a felony punishable by imprisonment for life or any term of years or a fine of not more than $20,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater, or both imprisonment and a fine.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1945, Act 260, Eff. Sept. 6, 1945 ;-- CL 1948, 750.72 ;-- Am. 2012, Act 531, Eff. Apr. 3, 2013
Former Law: See section 2 of Act 38 of 1927, being CL 1929, § 16934; and Act 272 of 1929.


© 2017 Legislative Council, State of Michigan


750.73 Second degree arson.

Sec. 73.

(1) Except as provided in section 72, a person who willfully or maliciously burns, damages, or destroys by fire or explosive a dwelling, regardless of whether it is occupied, unoccupied, or vacant at the time of the fire or explosion, or its contents, is guilty of second degree arson.

(2) Subsection (1) applies regardless of whether the person owns the dwelling or its contents.

(3) Second degree arson is a felony punishable by imprisonment for not more than 20 years or a fine of not more than $20,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater, or both imprisonment and a fine.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1945, Act 260, Eff. Sept. 6, 1945 ;-- CL 1948, 750.73 ;-- Am. 2012, Act 531, Eff. Apr. 3, 2013
Former Law: See section 3 of Act 38 of 1927, being CL 1929, § 16935; and Act 272 of 1929.


© 2017 Legislative Council, State of Michigan


750.74 Third degree arson.

Sec. 74.

(1) Except as provided in sections 72 and 73, a person who does any of the following is guilty of third degree arson:

(a) Willfully or maliciously burns, damages, or destroys by fire or explosive any building or structure, or its contents, regardless of whether it is occupied, unoccupied, or vacant at the time of the fire or explosion.

(b) Willfully and maliciously burns, damages, or destroys by fire or explosive any of the following or its contents:

(i) Any personal property having a value of $20,000.00 or more.

(ii) Any personal property having a value of $1,000.00 or more if the person has 1 or more prior convictions.

(2) Subsection (1) applies regardless of whether the person owns the building, structure, other real property or its contents, or the personal property.

(3) Third degree arson is a felony punishable by imprisonment for not more than 10 years or a fine of not more than $20,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater, or both imprisonment and a fine.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1945, Act 260, Eff. Sept. 6, 1945 ;-- CL 1948, 750.74 ;-- Am. 1998, Act 312, Eff. Jan. 1, 1999 ;-- Am. 2012, Act 532, Eff. Apr. 3, 2013
Former Law: See section 4 of Act 38 of 1927, being CL 1929, § 16936; and Act 272 of 1929.


© 2017 Legislative Council, State of Michigan


750.75 Fourth degree arson.

Sec. 75.

(1) Except as provided in sections 72, 73, and 74, a person who does any of the following is guilty of fourth degree arson:

(a) Willfully and maliciously burns, damages, or destroys by fire or explosive any of the following or its contents:

(i) Any personal property having a value of $1,000.00 or more, but less than $20,000.00.

(ii) Any personal property having a value of $200.00 or more if the person has 1 or more prior convictions.

(b) Willfully or negligently sets fire to a woods, prairie, or grounds of another person or permits fire to pass from his or her own woods, prairie, or grounds to another person's property causing damage or destruction to that other property.

(2) Subsection (1)(a) applies regardless of whether the person owns the personal property.

(3) Fourth degree arson is 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 property damaged or destroyed, whichever is greater, or both imprisonment and a fine.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.75 ;-- Am. 2012, Act 532, Eff. Apr. 3, 2013
Former Law: See section 5 of Act 38 of 1927, being CL 1929, § 16937.


© 2017 Legislative Council, State of Michigan


750.76 Arson of insured property.

Sec. 76.

(1) A person who willfully or maliciously burns, damages, or destroys by fire or explosive any of the following or the contents of any of the following is guilty of arson of insured property:

(a) Any dwelling that is insured against loss from fire or explosion if the person caused the fire or explosion with the intent to defraud the insurer.

(b) Except as provided in subdivision (a), any building, structure, or other real property that is insured against loss from fire or explosion if the person caused the fire or explosion with the intent to defraud the insurer.

(c) Any personal property that is insured against loss by fire or explosion if the person caused the fire or explosion with the intent to defraud the insurer.

(2) Subsection (1) applies regardless of whether the person owns the dwelling, building, structure, other real property, or personal property.

(3) Arson of insured property is a felony punishable as follows:

(a) If the person violates subsection (1)(a), imprisonment for life or any term of years or a fine of not more than $20,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater, or both imprisonment and a fine.

(b) If the person violates subsection (1)(b), imprisonment for not more than 20 years or a fine of not more than $20,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater, or both imprisonment and a fine.

(c) If the person violates subsection (1)(c), imprisonment for not more than 10 years or a fine of not more than $20,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater, or both imprisonment and a fine.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.76 ;-- Am. 2012, Act 532, Eff. Apr. 3, 2013
Former Law: See section 6 of Act 38 of 1927, being CL 1929, § 16939.


© 2017 Legislative Council, State of Michigan


750.77 Fifth degree arson.

Sec. 77.

(1) Except as provided in sections 72 to 76, a person who intentionally damages or destroys by fire or explosive any personal property having a value of $1,000.00 or less and who has 1 or more prior convictions is guilty of fifth degree arson.

(2) Subsection (1) applies regardless of whether the person owns the personal property.

(3) Fifth degree arson is 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 property damaged or destroyed, whichever is greater, or both imprisonment and a fine.

(4) As used in this section:

(a) "Personal property" includes an automobile, van, truck, motorcycle, trailer, and other personally owned property.

(b) "Prior conviction" means a prior conviction for a violation of this chapter that arises out of a separate transaction from the violation of this section.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1945, Act 260, Eff. Sept. 6, 1945 ;-- CL 1948, 750.77 ;-- Am. 1998, Act 312, Eff. Jan. 1, 1999 ;-- Am. 2012, Act 533, Eff. Apr. 3, 2013


© 2017 Legislative Council, State of Michigan


750.78 Fire or explosive; prohibited acts; violation as misdemeanor; penalty.

Sec. 78.

(1) Except as provided in sections 72 to 77, a person shall not do any of the following:

(a) Willfully and maliciously burn, damage, or destroy by fire or explosive any of the following or its contents:

(i) Any personal property having a value of $200.00 or more but less than $1,000.00.

(ii) Any personal property having a value of less than $200.00, if the person has 1 or more prior convictions.

(iii) Any personal property having a value of less than $200.00.

(b) Negligently, carelessly, or recklessly set fire to a hotel or motel or its contents, and, by setting that fire, endanger the life or property of another person.

(2) Subsection (1) applies regardless of whether the person owns the building, structure, hotel, motel, or its contents, or the personal property.

(3) A violation of this section is a misdemeanor punishable as follows:

(a) If the person violates subsection (1)(a)(i) or (ii), imprisonment for not more than 1 year and a fine of not more than $2,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater.

(b) If the person violates subsection (1)(a)(iii) or (b), imprisonment for not more than 93 days and a fine of not more than $500.00 or 3 times the value of the property damaged or destroyed, whichever is greater.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.78 ;-- Am. 2012, Act 533, Eff. Apr. 3, 2013 ;-- Am. 2014, Act 111, Eff. July 9, 2014
Former Law: See section 1 of Ch. 45 of R.S. 1846, being CL 1857, § 5924; CL 1871, § 7790; How., § 9402; CL 1897, § 11653; CL 1915, § 15424; and CL 1929, § 16942.


© 2017 Legislative Council, State of Michigan


750.79 Using inflammable, combustible, or explosive material, liquid, or substance near building or personal property with intent to commit arson of any degree; aiding or abetting; total value of property; enhanced sentence; prior convictions.

Sec. 79.

(1) A person who uses, arranges, places, devises, or distributes an inflammable, combustible, or explosive material, liquid, or substance or any device in or near a building, structure, other real property, or personal property with the intent to commit arson in any degree or who aids, counsels, induces, persuades, or procures another to do so is guilty of a crime as follows:

(a) If the property has a combined value of 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 combined value of the 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 combined value of the property damaged or destroyed, whichever is greater, or both imprisonment and a fine:

(i) The property has a combined value of $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 an offense under this section or a local ordinance substantially corresponding to 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 combined value of the property damaged or destroyed, whichever is greater, or both imprisonment and a fine:

(i) The property has a combined value of $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).

(iii) Except as provided in subdivisions (d) and (e), the property is a building, structure, or real property. This subparagraph applies regardless of whether the person owns the building, structure, or other real property.

(d) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the combined value of the property damaged or destroyed, whichever is greater, or both imprisonment and a fine:

(i) The property has a combined 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 an offense under this section. For purposes of this subparagraph, however, a prior conviction does not include a conviction for committing or attempting to commit an offense for a violation or attempted violation of subdivision (a) or (b)(ii).

(iii) The property has a value of more than $2,000.00 and is insured against loss by fire or explosion and the person intended to defraud the insurer.

(iv) Except as provided in subdivisions (c)(iii) and (e) and subparagraphs (v) and (vi), the property is a building, structure, or other real property, and the fire or explosion results in injury to any individual. This subparagraph applies regardless of whether the person owns the building, structure, or other real property.

(v) Except as provided in subdivisions (c)(iii) and (e) and subparagraph (vi), the property is a building, structure, or other real property and insured against loss from fire or explosion, and the person intended to defraud the insurer. This subparagraph applies regardless of whether the person owns the building, structure, or other real property.

(vi) The property is a dwelling. This subparagraph applies regardless of whether the person owns the dwelling.

(e) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $20,000.00 or 3 times the combined value of the property intended to be burned or destroyed, whichever is greater, or both imprisonment and a fine:

(i) The property is a dwelling and is insured against loss by fire or explosion and the person intended to defraud the insurer. This subparagraph applies regardless of whether the person owns the property.

(ii) The property is a dwelling and the fire or explosion results in physical injury to any individual.

(2) The combined value of property intended to be burned 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 property damaged or destroyed.

(3) 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) The total value of property damaged or destroyed.

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

(c) Information contained in a presentence report.

(d) The defendant's statement.

(4) 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 under 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.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.79 ;-- Am. 2012, Act 533, Eff. Apr. 3, 2013 ;-- Am. 2014, Act 111, Eff. July 9, 2014
Former Law: See section 5 of Ch. 45 of R.S. 1846, being CL 1897, § 11657; CL 1915, § 15428; CL 1929, § 16946; and Act 189 of 1897.


© 2017 Legislative Council, State of Michigan


750.80 Repealed. 2014, Act 112, Eff. July 9, 2014.


Compiler's Notes: The repealed section pertained to setting fire to mines and mining equipment.


© 2017 Legislative Council, State of Michigan
Chapter XI
ASSAULTS


750.81 Assault or assault and battery; penalties; previous convictions; exception; “dating relationship” defined.

Sec. 81.

(1) Except as otherwise provided in this section, a person who assaults or assaults and batters an individual, if no other punishment is prescribed by law, 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) Except as provided in subsection (3), (4), or (5), an individual who assaults or assaults and batters his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household, 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.

(3) An individual who assaults or assaults and batters an individual who is pregnant and who knows the individual is pregnant 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.

(4) An individual who commits an assault or an assault and battery in violation of subsection (2) or (3), and who has previously been convicted of assaulting or assaulting and battering an individual described in either subsection (2) or subsection (3) under any of the following, 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:

(a) This section or an ordinance of a political subdivision of this state substantially corresponding to this section.

(b) Section 81a, 82, 83, 84, or 86.

(c) A law of another state or an ordinance of a political subdivision of another state substantially corresponding to this section or section 81a, 82, 83, 84, or 86.

(5) An individual who commits an assault or an assault and battery in violation of subsection (2) or (3), and who has 2 or more previous convictions for assaulting or assaulting and battering an individual described in either subsection (2) or subsection (3) under any of the following, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both:

(a) This section or an ordinance of a political subdivision of this state substantially corresponding to this section.

(b) Section 81a, 82, 83, 84, or 86.

(c) A law of another state or an ordinance of a political subdivision of another state substantially corresponding to this section or section 81a, 82, 83, 84, or 86.

(6) This section does not apply to an individual using necessary reasonable physical force in compliance with section 1312 of the revised school code, 1976 PA 451, MCL 380.1312.

(7) As used in this section, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 75081 ;-- Am. 1994, Act 64, Eff. July 1, 1994 ;-- Am. 1999, Act 270, Eff. July 1, 2000 ;-- Am. 2000, Act 462, Imd. Eff. Jan. 10, 2001 ;-- Am. 2001, Act 189, Eff. Apr. 1, 2002 ;-- Am. 2001, Act 190, Eff. Apr. 1, 2002 ;-- Am. 2012, Act 366, Eff. Apr. 1, 2013 ;-- Am. 2016, Act 87, Eff. July 25, 2016
Former Law: See section 29 of Ch. 153 of R.S. 1846, being CL 1857, § 5739; CL 1871, § 7538; How., § 9103; CL 1897, § 11498; CL 1915, § 15220; CL 1929, § 16736; Act 167 of 1879; and Act 54 of 1929.


© 2017 Legislative Council, State of Michigan


750.81a Assault; infliction of serious or aggravated injury; penalties; previous convictions; “dating relationship” defined.

Sec. 81a.

(1) Except as otherwise provided in this section, a person who assaults an individual without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder 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.

(2) Except as provided in subsection (3), an individual who assaults his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of the same household without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder 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) An individual who commits an assault and battery in violation of subsection (2), and who has 1 or more previous convictions for assaulting or assaulting and battering his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of the same household, in violation of any of the following, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both:

(a) This section or an ordinance of a political subdivision of this state substantially corresponding to this section.

(b) Section 81, 82, 83, 84, or 86.

(c) A law of another state or an ordinance of a political subdivision of another state substantially corresponding to this section or section 81, 82, 83, 84, or 86.

(4) As used in this section, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.


History: Add. 1939, Act 237, Eff. Sept. 29, 1939 ;-- CL 1948, 750.81a ;-- Am. 1994, Act 65, Eff. July 1, 1994 ;-- Am. 1999, Act 270, Eff. July 1, 2000 ;-- Am. 2001, Act 190, Eff. Apr. 1, 2002 ;-- Am. 2012, Act 366, Eff. Apr. 1, 2013


© 2017 Legislative Council, State of Michigan


750.81b Enhanced sentence; provisions.

Sec. 81b.

The following provisions apply in any case in which the prosecuting attorney seeks an enhanced sentence under section 81(3) or (4) or 81a(3):

(a) The charging document or amended charging document shall include a notice provision that states that the prosecuting attorney intends to seek an enhanced sentence under section 81(3) or (4) or 81a(3) and lists the prior conviction or convictions that will be relied upon for that purpose. The notice shall be separate and distinct from the language charging the current offense, and shall not be read or otherwise disclosed to the jury if the case proceeds to trial before a jury.

(b) The defendant's prior conviction or convictions shall be established at sentencing. The existence of a prior conviction and the factual circumstances establishing the required relationship between the defendant and the victim of the prior assault or assault and battery may be established by any evidence that is relevant for that purpose, including, but not limited to, 1 or more of the following:

(i) A copy of a judgment of conviction.

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

(iii) Information contained in a presentence report.

(iv) A statement by the defendant.

(c) The defendant or his or her attorney shall be given an opportunity to deny, explain, or refute any evidence or information relating to the defendant's prior conviction or convictions before the sentence is imposed, and shall be permitted to present evidence relevant for that purpose unless the court determines and states upon the record that the challenged evidence or information will not be considered as a basis for imposing an enhanced sentence under section 81(3) or (4) or 81a(3).

(d) A prior conviction may be considered as a basis for imposing an enhanced sentence under section 81(3) or (4) or 81a(3) if the court finds the existence of both of the following by a preponderance of the evidence:

(i) The prior conviction.

(ii) 1 or more of the required relationships between the defendant and the victim of the prior assault or assault and battery.


History: Add. 1994, Act 65, Eff. July 1, 1994


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750.81c Threats or assault against employee of family independence agency; violation; penalty; other conviction; “serious impairment of body function” defined.

Sec. 81c.

(1) A person who communicates to any person a threat that he or she will physically harm an individual who is an employee of the family independence agency and who does so because of the individual's status as an employee of that agency 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.

(2) Except as provided in subsection (3), a person who assaults or assaults and batters an individual while the individual is performing his or her duties as an employee of the family independence agency or because of the individual's status as an employee of that agency and causes the individual any physical injury is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both.

(3) A person who assaults or assaults and batters an individual while the individual is performing his or her duties as an employee of the family independence agency or because of the individual's status as an employee of that agency and causes the individual serious impairment of body function is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both.

(4) A conviction or sentence imposed for a violation of this section does not preclude a conviction or sentence for a violation of any other applicable law.

(5) As used in this section, “serious impairment of body function” means that phrase as defined in section 625(5) of the Michigan vehicle code, 1949 PA 300, MCL 257.625.


History: Add. 2001, Act 22, Eff. Sept. 1, 2001
Popular Name: Lisa's Law
Popular Name: Lisa's Act


© 2017 Legislative Council, State of Michigan


750.81d Assaulting, battering, resisting, obstructing, opposing person performing duty; felony; penalty; other violations; consecutive terms; definitions.

Sec. 81d.

(1) Except as provided in subsections (2), (3), and (4), an individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties 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.

(2) An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties causing a bodily injury requiring medical attention or medical care to that person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.

(3) An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties causing a serious impairment of a body function of that person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.

(4) An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties causing the death of that person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both.

(5) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.

(6) A term of imprisonment imposed for a violation of this section may run consecutively to any term of imprisonment imposed for another violation arising from the same transaction.

(7) As used in this section:

(a) "Obstruct" includes the use or threatened use of physical interference or force or a knowing failure to comply with a lawful command.

(b) "Person" means any of the following:

(i) A police officer of this state or of a political subdivision of this state including, but not limited to, a motor carrier officer or capitol security officer of the department of state police.

(ii) A police officer of a junior college, college, or university who is authorized by the governing board of that junior college, college, or university to enforce state law and the rules and ordinances of that junior college, college, or university.

(iii) A conservation officer of the department of natural resources or the department of environmental quality.

(iv) A conservation officer of the United States department of the interior.

(v) A sheriff or deputy sheriff.

(vi) A constable.

(vii) A peace officer of a duly authorized police agency of the United States, including, but not limited to, an agent of the secret service or department of justice.

(viii) A firefighter.

(ix) Any emergency medical service personnel described in section 20950 of the public health code, 1978 PA 368, MCL 333.20950.

(x) An individual engaged in a search and rescue operation as that term is defined in section 50c.

(c) "Serious impairment of a body function" means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.


History: Add. 2002, Act 266, Eff. July 15, 2002 ;-- Am. 2006, Act 517, Imd. Eff. Dec. 29, 2006


© 2017 Legislative Council, State of Michigan


750.81e Assault or battery of employee or contractor of public utility; violation as misdemeanor or felony; penalty; other violations; definitions.

Sec. 81e.

(1) Except as otherwise provided in this section, a person who assaults, batters, or assaults and batters an individual while the individual is performing his or her duties as an employee or contractor of a public utility or because of the individual's status as an employee or contractor of a public utility 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.

(2) A person who assaults, batters, or assaults and batters an individual while the individual is performing his or her duties as an employee or contractor of a public utility or because of the individual's status as an employee or contractor of a public utility causing the individual bodily injury requiring medical attention or medical care is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both.

(3) A person who assaults, batters, or assaults and batters an individual while the individual is performing his or her duties as an employee or contractor of a public utility or because of the individual's status as an employee or contractor of a public utility causing the individual serious impairment of a body function is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both.

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

(5) As used in this section:

(a) "Public utility" means a utility that provides steam, gas, heat, electricity, water, cable television, telecommunications services, or pipeline services, whether privately, municipally, or cooperatively owned.

(b) "Serious impairment of a body function" means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.


History: Add. 2010, Act 131, Eff. Oct. 19, 2010


© 2017 Legislative Council, State of Michigan


750.82 Felonious assault; violation of subsection (1) in weapon free school zone; definitions.

Sec. 82.

(1) Except as provided in subsection (2), a person who assaults another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon without intending to commit murder or to inflict great bodily harm less than murder is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

(2) A person who violates subsection (1) in a weapon free school zone is guilty of a felony punishable by 1 or more of the following:

(a) Imprisonment for not more than 4 years.

(b) Community service for not more than 150 hours.

(c) A fine of not more than $6,000.00.

(3) As used in this section:

(a) “School” means a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from 1 through 12.

(b) “School property” means a building, playing field, or property used for school purposes to impart instruction to children or used for functions and events sponsored by a school, except a building used primarily for adult education or college extension courses.

(c) “Weapon free school zone” means school property and a vehicle used by a school to transport students to or from school property.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.82 ;-- Am. 1994, Act 158, Eff. Aug. 15, 1994
Former Law: See section 1 of Act 232 of 1913, being CL 1915, § 15228; CL 1929, § 16747; and Act 241 of 1915.


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750.83 Assault with intent to commit murder.

Sec. 83.

Assault with intent to commit murder—Any person who shall assault another with intent to commit the crime of murder, shall be guilty of a felony, punishable by imprisonment in the state prison for life or any number of years.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.83
Former Law: See section 14 of Ch. 153 of R.S. 1846, being CL 1857, § 5724; CL 1871, § 7523; How., § 9088; CL 1897, § 11483; CL 1915, § 15205; and CL 1929, § 16721.


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750.84 Assault with intent to do great bodily harm less than murder; assault by strangulation or suffocation; "strangulation or suffocation" defined; other violation out of same conduct.

Sec. 84.

(1) A person who does either of the following is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both:

(a) Assaults another person with intent to do great bodily harm, less than the crime of murder.

(b) Assaults another person by strangulation or suffocation.

(2) As used in this section, "strangulation or suffocation" means intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.

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


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.84 ;-- Am. 2012, Act 367, Eff. Apr. 1, 2013
Former Law: See section 1 of Act 71 of 1883, being How., § 9122a; CL 1897, § 11505; CL 1915, § 15227; and CL 1929, § 16746.


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750.85 Torture; felony; penalty; definitions; element of crime; other laws.

Sec. 85.

(1) A person who, with the intent to cause cruel or extreme physical or mental pain and suffering, inflicts great bodily injury or severe mental pain or suffering upon another person within his or her custody or physical control commits torture and is guilty of a felony punishable by imprisonment for life or any term of years.

(2) As used in this section:

(a) "Cruel" means brutal, inhuman, sadistic, or that which torments.

(b) "Custody or physical control" means the forcible restriction of a person's movements or forcible confinement of the person so as to interfere with that person's liberty, without that person's consent or without lawful authority.

(c) "Great bodily injury" means either of the following:

(i) Serious impairment of a body function as that term is defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.

(ii) One or more of the following conditions: internal injury, poisoning, serious burns or scalding, severe cuts, or multiple puncture wounds.

(d) "Severe mental pain or suffering" means a mental injury that results in a substantial alteration of mental functioning that is manifested in a visibly demonstrable manner caused by or resulting from any of the following:

(i) The intentional infliction or threatened infliction of great bodily injury.

(ii) The administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt the senses or the personality.

(iii) The threat of imminent death.

(iv) The threat that another person will imminently be subjected to death, great bodily injury, or the administration or application of mind-altering substances or other procedures calculated to disrupt the senses or personality.

(3) Proof that a victim suffered pain is not an element of the crime under this section.

(4) A conviction or sentence under this section does not preclude a conviction or sentence for a violation of any other law of this state arising from the same transaction.


History: Add. 2005, Act 335, Eff. Mar. 1, 2006
Compiler's Notes: Former MCL 750.85, which pertained to assault with intent to commit rape, sodomy, or gross indecency, was repealed by Act 266 of 1974, Eff. Apr. 1, 1975.


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750.86 Assault with intent to maim.

Sec. 86.

Assault with intent to maim—Any person who shall assault another with intent to maim or disfigure his person by cutting out or maiming the tongue, putting out or destroying an eye, cutting or tearing off an ear, cutting or slitting or mutilating the nose or lips or cutting off or disabling a limb, organ or member, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years or by fine of not more than 5,000 dollars.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.86
Former Law: See sections 11 and 12 of Ch. 153 of R.S. 1846, being CL 1857, §§ 5721 and 5722; CL 1871, §§ 7520 and 7521; How., §§ 9085 and 9086; CL 1897, §§ 11480 and 11481; CL 1915, §§ 15202 and 15203; and CL 1929, §§ 16718 and 16719.


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750.87 Assault with intent to commit felony not otherwise punished.

Sec. 87.

Assault with intent to commit felony, not otherwise punished—Any person who shall assault another, with intent to commit any burglary, or any other felony, the punishment of which assault is not otherwise in this act prescribed, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years, or by fine of not more than 5,000 dollars.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.87
Former Law: See section 28 of Ch. 153 of R.S. 1846, being CL 1857, § 5738; CL 1871, § 7537; How., § 9102; CL 1897, § 11497; CL 1915, § 15219; and CL 1929, § 16735.


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750.88 Assault with intent to rob and steal; unarmed.

Sec. 88.

Assault with intent to rob and steal being unarmed—Any person, not being armed with a dangerous weapon, who shall assault another with force and violence, and with intent to rob and steal, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 15 years.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.88
Former Law: See section 18 of Ch. 153 of R.S. 1846, being CL 1857, § 5728; CL 1871, § 7527; How., § 9092; CL 1897, § 11487; CL 1915, § 15209; and CL 1929, § 16725.


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750.89 Assault with intent to rob and steal; armed.

Sec. 89.

Assault with intent to rob and steal being armed—Any person, being armed with a dangerous weapon, or any article used or fashioned in a manner to lead a person so assaulted reasonably to believe it to be a dangerous weapon, who shall assault another with intent to rob and steal shall be guilty of a felony, punishable by imprisonment in the state prison for life, or for any term of years.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1939, Act 94, Eff. Sept. 29, 1939 ;-- CL 1948, 750.89
Former Law: See section 16 of Ch. 153 of R.S. 1846, being CL 1857, § 5726; CL 1871, § 7525; How., § 9090; CL 1897, § 11485; CL 1915, § 15207; CL 1929, § 16723; Act 143 of 1869; and Act 374 of 1927.


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750.90 Sexual intercourse under pretext of medical treatment.

Sec. 90.

Sexual intercourse under pretext of medical treatment—Any person who shall undertake to medically treat any female person, and while so treating her, shall represent to such female that it is, or will be, necessary or beneficial to her health that she have sexual intercourse with a man, and shall thereby induce her to have carnal sexual intercourse with any man, and any man, not being the husband of such female, who shall have sexual intercourse with her by reason of such representation, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.90
Former Law: See section 1 of Act 172 of 1883, being How., § 9314e; CL 1897, § 11721; CL 1915, § 15505; and CL 1929, § 16847.


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750.90a Conduct proscribed under MCL 750.81 to 750.89 as felony; intent.

Sec. 90a.

If a person intentionally commits conduct proscribed under sections 81 to 89 against a pregnant individual, the person is guilty of a felony punishable by imprisonment for life or any term of years if all of the following apply:

(a) The person intended to cause a miscarriage or stillbirth by that individual or death or great bodily harm to the embryo or fetus, or acted in wanton or willful disregard of the likelihood that the natural tendency of the person's conduct is to cause a miscarriage or stillbirth or death or great bodily harm to the embryo or fetus.

(b) The person's conduct resulted in a miscarriage or stillbirth by that individual or death to the embryo or fetus.


History: Add. 1998, Act 238, Eff. Jan. 1, 1999 ;-- Am. 2001, Act 1, Eff. June 1, 2001


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750.90b Conduct proscribed under MCL 750.81 to 750.89 as crime; intent.

Sec. 90b.

A person who intentionally commits conduct proscribed under sections 81 to 89 against a pregnant individual is guilty of a crime as follows:

(a) If the conduct results in a miscarriage or stillbirth by that individual, or death to the embryo or fetus, a felony punishable by imprisonment for not more than 15 years or a fine of not more than $7,500.00, or both.

(b) If the conduct results in great bodily harm to the embryo or fetus, a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both.

(c) If the conduct results in serious or aggravated physical injury to the embryo or fetus, a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

(d) If the conduct results in physical injury to the embryo or fetus, a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.


History: Add. 1998, Act 238, Eff. Jan. 1, 1999 ;-- Am. 2001, Act 1, Eff. June 1, 2001


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750.90c Gross negligence against pregnant individual as crime.

Sec. 90c.

A person who commits a grossly negligent act against a pregnant individual is guilty of a crime as follows:

(a) If the act results in a miscarriage or stillbirth by that individual or death to the embryo or fetus, a felony punishable by imprisonment for not more than 15 years or a fine of not more than $7,500.00, or both.

(b) If the act results in great bodily harm to the embryo or fetus, a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500.00, or both.

(c) If the act results in serious or aggravated physical injury to the embryo or fetus, a misdemeanor punishable by imprisonment for not more than 6 months or a fine of not more than $500.00, or both.

(d) If the act results in physical injury to the embryo or fetus, a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.


History: Add. 1998, Act 238, Eff. Jan. 1, 1999 ;-- Am. 2001, Act 1, Eff. June 1, 2001 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003


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750.90d Conduct proscribed under MCL 257.625(1) or (3) involving accident with pregnant individual as felony; penalties.

Sec. 90d.

A person who engages in conduct proscribed under section 625(1) or (3) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, that involves an accident with a pregnant individual is guilty of a felony punishable as follows:

(a) If the person's conduct causes a miscarriage or stillbirth by that individual or death to the embryo or fetus, imprisonment for not more than 15 years or a fine of not less than $2,500.00 or more than $10,000.00, or both.

(b) If the person's conduct causes great bodily harm or serious or aggravated injury to the embryo or fetus, imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both.


History: Add. 1998, Act 238, Eff. Jan. 1, 1999 ;-- Am. 2001, Act 1, Eff. June 1, 2001


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750.90e Conduct as proximate cause of accident involving pregnant individual as misdemeanor; penalty.

Sec. 90e.

If a person operates a motor vehicle in a careless or reckless manner, but not willfully or wantonly, that is the proximate cause of an accident involving a pregnant individual and the accident results in a miscarriage or stillbirth by that individual or death to the embryo or fetus, the person is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.


History: Add. 1998, Act 238, Eff. Jan. 1, 1999 ;-- Am. 2001, Act 1, Eff. June 1, 2001


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750.90f Applicability of MCL 750.90 to 750.90e; “physician or other licensed medical professional” defined.

Sec. 90f.

(1) Sections 90a to 90e do not apply to any of the following:

(a) An act committed by the pregnant individual.

(b) A medical procedure performed by a physician or other licensed medical professional within the scope of his or her practice and with the pregnant individual's consent or the consent of an individual who may lawfully provide consent on her behalf or without consent as necessitated by a medical emergency.

(c) The lawful dispensation, administration, or prescription of medication.

(2) This section does not prohibit a prosecution under any other applicable law.

(3) As used in this section, “physician or other licensed medical professional” means a person licensed under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.


History: Add. 1998, Act 238, Eff. Jan. 1, 1999


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750.90g “Infant protection act” as short title of section; legislative findings; prohibited acts; violation as felony; penalty; exceptions; definitions.

Sec. 90g.

(1) This section shall be known and may be cited as the “infant protection act”.

(2) The legislature finds all of the following:

(a) That the constitution and laws of this nation and this state hold that a live infant completely expelled from his or her mother's body is recognized as a person with constitutional and legal rights and protection.

(b) That a live infant partially outside his or her mother is neither a fetus nor potential life, but is a person.

(c) That the United States supreme court decisions defining a right to terminate pregnancy do not extend to the killing of a live infant that has begun to emerge from his or her mother's body.

(d) That the state has a compelling interest in protecting the life of a live infant by determining that a live infant is a person deserving of legal protection at any point after any part of the live infant exists outside of the mother's body.

(3) Except as provided in subsections (4) and (5), a person who intentionally performs a procedure or takes any action upon a live infant with the intent to cause the death of the live infant is guilty of a felony punishable by imprisonment for life or any term of years or a fine of not more than $50,000.00, or both.

(4) It is not a violation of subsection (3) if a physician takes measures at any point after a live infant is partially outside of the mother's body, that in the physician's reasonable medical judgment are necessary to save the life of the mother and if every reasonable precaution is also taken to save the live infant's life.

(5) Subsection (3) does not apply to an action taken by the mother. However, this subsection does not exempt the mother from any other provision of law.

(6) As used in this section:

(a) “Live infant” means a human fetus at any point after any part of the fetus is known to exist outside of the mother's body and has 1 or more of the following:

(i) A detectable heartbeat.

(ii) Evidence of spontaneous movement.

(iii) Evidence of breathing.

(b) “Outside of the mother's body” means beyond the outer abdominal wall or beyond the plane of the vaginal introitus.

(c) “Part of the fetus” means any portion of the body of a human fetus that has not been severed from the fetus, but not including the umbilical cord or placenta.

(d) “Physician” means an individual licensed to engage in the practice of allopathic medicine or the practice of osteopathic medicine and surgery under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.


History: Add. 1999, Act 107, Eff. Mar. 10, 2000
Popular Name: Infant Protection Act


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750.90h Section to be known as "partial-birth abortion ban act"; prohibited conduct; violation as felony; penalty; exception; civil action; section construed; definitions.

Sec. 90h.

(1) This section shall be known and may be cited as the "partial-birth abortion ban act".

(2) Except as provided in subsection (3), a physician, an individual performing an act, task, or function under the delegatory authority of a physician, or any other individual who is not a physician or not otherwise legally authorized to perform an abortion who knowingly performs a partial-birth abortion and kills a human fetus is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $50,000.00, or both.

(3) It is not a violation of subsection (2) if in the physician's reasonable medical judgment a partial-birth abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury.

(4) The spouse of the mother at the time of the partial-birth abortion or either parent of the mother if the mother had not attained the age of 18 at the time of the partial-birth abortion may file a civil action against the physician or individual described in subsection (2) for a violation of this section unless the pregnancy is a result of the plaintiff's criminal conduct or the plaintiff consented to the partial-birth abortion. A plaintiff who prevails in a civil action brought under this section may recover both of the following:

(a) Actual damages, including damages for emotional distress.

(b) Treble damages for the cost of the partial-birth abortion.

(5) A woman who obtains or seeks to obtain a partial-birth abortion is not a conspirator to commit a violation of this section.

(6) This section does not create a right to abortion.

(7) Notwithstanding any other provision of this section, a person shall not perform an abortion that is prohibited by law.

(8) Nothing in this section shall be construed to repeal or amend, explicitly or by implication, any provision of law prohibiting or regulating abortion, including, but not limited to, section 14, 15, 322, or 323.

(9) As used in this section:

(a) "Partial-birth abortion" means an abortion in which the physician, an individual acting under the delegatory authority of the physician, or any other individual performing the abortion deliberately and intentionally vaginally delivers a living fetus until, in the case of a headfirst presentation, the entire fetal head is outside the body of the mother, or in the case of breech presentation, any part of the fetal trunk past the naval is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus, and performs the overt act, other than completion of delivery, that kills the partially delivered living fetus.

(b) "Physician" means an individual licensed by this state to engage in the practice of medicine or the practice of osteopathic medicine and surgery under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.


History: Add. 2011, Act 168, Eff. Jan. 1, 2012
Compiler's Notes: Enacting section 2 of Act 168 of 2011 provides:"Enacting section 2. (1) Every provision in this amendatory act and every application of the provisions in this amendatory act are severable from each other. If any application of a provision in this amendatory act to any person or group of persons or circumstances is found by a court to be invalid, the remainder of this amendatory act and the application of the amendatory act's provisions to all other persons and circumstances may not be affected. All constitutionally valid applications of this amendatory act shall be severed from any applications that a court finds to be invalid, leaving the valid applications in force, because it is the legislature's intent and priority that the valid applications be allowed to stand alone. Even if a reviewing court finds a provision of this amendatory act invalid in a large or substantial fraction of relevant cases, the remaining valid applications shall be severed and allowed to remain in force. (2) The provisions of this amendatory act shall be construed, as a matter of state law, to be enforceable up to but no further than the maximum possible extent consistent with federal constitutional requirements, even if that construction is not readily apparent, as such constructions are authorized only to the extent necessary to save the amendatory act from judicial invalidation. If any court determines that any provisions of this amendatory act are unconstitutionally vague, it shall interpret this amendatory act, as a matter of state law, in a manner that avoids the vagueness problem while enforcing the amendatory act provision to the maximum possible extent consistent with federal constitutional requirements."In subsection (9)(a) of this section, the word "naval" evidently should read "navel".


© 2017 Legislative Council, State of Michigan
Chapter XII
ATTEMPTS


750.91 Attempt to murder.

Sec. 91.

Attempt to murder by poisoning, etc.—Any person who shall attempt to commit the crime of murder by poisoning, drowning, or strangling another person, or by any means not constituting the crime of assault with intent to murder, shall be guilty of a felony, punishable by imprisonment in the state prison for life or any term of years.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.91
Former Law: See section 13 of Ch. 153 of R.S. 1846, being CL 1857, § 5723; CL 1871, § 7522; How., § 9087; CL 1897, § 11482; CL 1915, § 15204; CL 1929, § 16720; and Act 147 of 1875.


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750.92 Attempt to commit crime.

Sec. 92.

Attempt to commit crime—Any person who shall attempt to commit an offense prohibited by law, and in such attempt shall do any act towards the commission of such offense, but shall fail in the perpetration, or shall be intercepted or prevented in the execution of the same, when no express provision is made by law for the punishment of such attempt, shall be punished as follows:

1. If the offense attempted to be committed is such as is punishable with death, the person convicted of such attempt shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years;

2. If the offense so attempted to be committed is punishable by imprisonment in the state prison for life, or for 5 years or more, the person convicted of such attempt shall be guilty of a felony, punishable by imprisonment in the state prison not more than 5 years or in the county jail not more than 1 year;

3. If the offense so attempted to be committed is punishable by imprisonment in the state prison for a term less than 5 years, or imprisonment in the county jail or by fine, the offender convicted of such attempt shall be guilty of a misdemeanor, punishable by imprisonment in the state prison or reformatory not more than 2 years or in any county jail not more than 1 year or by a fine not to exceed 1,000 dollars; but in no case shall the imprisonment exceed 1/2 of the greatest punishment which might have been inflicted if the offense so attempted had been committed.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.92
Former Law: See section 14 of Chapter IX of Act 175 of 1927, being CL 1929, § 17342.


© 2017 Legislative Council, State of Michigan
Chapter XIII
BANK, DEPOSIT AND TRUST COMPANIES


750.93 Bank bonds in state treasury, removing or destroying.

Sec. 93.

Removing or destroying bank bonds in state treasury—Any person who shall take from the state treasury, contrary to the provisions of law, or shall deface or destroy any of the bonds therein deposited by any of the banks of this state, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.93


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750.94 Bank bills or notes; issuing, non-compliance with requirements.

Sec. 94.

Issuing bank bills, etc., without previous compliance with requirements of law—Any officer or stockholder of any bank or banking association, or any other person for such bank or banking association, who shall sign, issue, or knowingly put in circulation any bill or note of any such bank or banking association before the requisite amount of capital stock shall have been paid in, or before the president and directors thereof shall have fully complied with all the provisions of law requiring any other act or acts to be done before the issuing of any notes or bills, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years, or by fine not more than 5,000 dollars.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.94
Former Law: See section 31 of Ch. 154 of R.S. 1846, being CL 1857, § 5775; CL 1871, § 7582; How., § 9153; CL 1897, § 11567; CL 1915, § 15312; and CL 1929, § 16908.


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750.95 Spurious bank notes; issuing or circulating.

Sec. 95.

Issuing or circulating spurious bank notes—Any person who shall, with intent to defraud, sign, issue or put in circulation any note or bill, purporting to be a bill or note of any bank, when no such bank exists, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years or by fine of not more than 5,000 dollars.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.95
Former Law: See section 32 of Ch. 154 of R.S. 1846, being CL 1857, § 5776; CL 1871, § 7583; How., § 9154; CL 1897, § 11568; CL 1915, § 15313; and CL 1929, § 16909.


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750.95a Person printing checks for financial institution; printing on checks month and year account opened; exceptions; violation as misdemeanor; penalty; civil liability; authorization to furnish information; definitions.

Sec. 95a.

(1) Except as provided in subsection (2), a person that is requested by a financial institution to print checks for an account maintained by a person at the financial institution shall obtain from the financial institution the month and year in which the account was opened, and the person shall print on the checks for that account the month and year furnished by the financial institution.

(2) A person shall not be required to comply with subsection (1) with regard to checks printed for an account if the person is informed by the financial institution for which the checks are to be printed that the checks are to be used for any of the following:

(a) An account opened before July 1, 1985.

(b) An account maintained by a corporation, partnership, association, or trust, or by an individual or individuals who use the account primarily for a business purpose or who indicate to the financial institution, at the time the account is opened, that the account is intended to be used primarily for a business purpose.

(c) An account maintained by a person who, at the time the account was opened, had maintained another deposit with the same financial institution for a period of 1 year or longer.

(d) Temporary checks to be furnished by the financial institution to a customer at the time an account is opened.

(3) A person that knowingly, wilfully, and intentionally violates this section is guilty of a misdemeanor, punishable by a fine of not more than $100.00.

(4) A person that violates this section shall not be civilly liable for damages to any other person arising from the violation.

(5) A financial institution is authorized to furnish to a person who prints checks for the financial institution the date and year an account was opened and such information as shall be necessary for the person to determine whether the person is required to comply with subsection (1).

(6) As used in this section:

(a) “Check” means a check, draft, or other instrument that is capable of becoming a negotiable instrument evidencing a written order to a financial institution to pay the stated amount of money from an account maintained with the financial institution.

(b) “Deposit” means an insured account in a bank, savings and loan association, credit union, or other institution the accounts of which are insured by an agency of the federal government.

(c) “Financial institution” means a bank, savings and loan association, credit union, or other institution that is authorized to maintain demand accounts or other accounts where payment is made by a check.

(d) “Person” means an individual, corporation, partnership, association, business trust, or other legal entity.


History: Add. 1984, Act 275, Eff. July 1, 1985


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750.96 Bank property; fraudulent disposal.

Sec. 96.

Fraudulent disposal of property of bank by officers, etc.—Any officer or agent of any bank, knowing such bank to be insolvent, or, in contemplation of the insolvency of such bank, or any assignee of the property and effects of any insolvent bank who shall sell, or in any way dispose of or remove, any of the money, property or effects of such bank, with intent to defraud, delay or hinder any creditor thereof in the collection of any claim or demand against such bank, every such officer or agent, and all persons who shall knowingly aid or assist in any such disposition or removal, shall be guilty of a felony.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.96
Former Law: See section 33 of Ch. 154 of R.S. 1846, being CL 1857, § 5777; CL 1871, § 7584; How., § 9155; CL 1897, § 11569; CL 1915, § 15314; and CL 1929, § 16910.


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750.97 Repealed. 2015, Act 210, Eff. Mar. 14, 2016.


Compiler's Notes: The repealed section pertained to derogatory statement regarding financial condition of bank.


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750.98 Private banks.

Sec. 98.

Private banks—On and after the effective date of this act, it shall be unlawful for any individual person, or unincorporated association of individual persons, to engage in the business of banking, as defined in Act No. 66 of the Public Acts of 1929, being sections 11898 to 11970 inclusive of the Compiled Laws of 1929, and other laws of this state relating to banks and banking: Provided, That this section shall not apply to any individual person or unincorporated association of individual persons engaged in the business of banking at the time of the passage of this act.

From and after the passage of this act, no person or association of persons, not incorporated under the banking laws of this state and not now engaged in the private banking business, shall open up or attempt to operate any private bank, and any such operation or attempt shall be a violation of this section, and the persons so operating or attempting to operate shall be guilty of a felony: Provided, That nothing in this section contained shall be construed to prohibit the surviving partner or partners of a copartnership from continuing the operation of any private bank operated by such copartnership at the time this act shall take effect.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.98
Compiler's Notes: Act 66 of 1929, referred to in this section, was repealed by Act 341 of 1937.
Former Law: See sections 1 and 2 of Act 284 of 1925, being CL 1929, §§ 12048 and 12049.


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750.99 Certifying checks; insufficient funds.

Sec. 99.

Certifying checks without amount thereof actually standing to credit of drawer—It shall not be lawful for any officer, clerk, agent or employe of a bank to certify a check unless the amount thereof actually stands to the credit of the drawer upon the books of the bank, or to resort to any device, or receive any fictitious obligations, direct or collateral, in order to evade the provisions of this prohibition; and any officer, clerk, agent or employe who shall attempt any such evasion shall be guilty of a felony.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.99
Former Law: See section 51 of Act 66 of 1929, being CL 1929, § 11948.


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750.100 Bank insolvency; receiving deposits.

Sec. 100.

Receiving deposits, etc., when bank is insolvent—The directors and officers of any commercial and/or savings bank, industrial bank or trust company who shall fraudulently and with intent to cheat and defraud any person, receive any deposit, money, or property or issue any certificate of investment and receive payment therefor, knowing, or having good reason to believe that such bank or company is insolvent, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 5 years or by fine of not more than 2,500 dollars.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.100
Former Law: See section 14 of Act 296 of 1917, being CL 1929, § 11986; and section 36 of Act 66 of 1929, being CL 1929, § 11933.


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750.101 Financial institutions act; violation.

Sec. 101.

Any officer, clerk, agent or employe of a bank, industrial bank, trust company, safe and collateral deposit company, or any other financial institution governed by the provisions of the Michigan financial institutions act, who shall knowingly aid or assist in a violation of any of the provisions of “the Michigan financial institutions act,” or acts and parts of acts amendatory thereof, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 5 years or by a fine of not more than 2,500 dollars.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1937, Act 172, Imd. Eff. July 9, 1937 ;-- CL 1948, 750.101
Former Law: See section 19 of Act 296 of 1917, being CL 1929, § 1191; and section 50 of Act 66 of 1929, being CL 1929, § 11947.


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Chapter XIV
BLASPHEMY


750.102 Blasphemy; punishment.

Sec. 102.

Punishment—Any person who shall wilfully blaspheme the holy name of God, by cursing or contumeliously reproaching God, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.102
Former Law: See section 17 of Ch. 158 of R.S. 1846, being CL 1857, § 5872; CL 1871, § 7707; How., § 9293; CL 1897, § 11706; CL 1915, § 15480; and CL 1929, § 16832.


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750.103 Cursing and swearing.

Sec. 103.

Cursing and swearing—Any person who has arrived at the age of discretion, who shall profanely curse or damn or swear by the name of God, Jesus Christ or the Holy Ghost, shall be guilty of a misdemeanor. No such prosecution shall be sustained unless it shall be commenced within 5 days after the commission of such offense.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.103
Former Law: See section 18 of Ch. 158 of R.S. 1846, being CL 1857, § 5873; CL 1871, § 7708; How., § 9294; CL 1897, § 11707; CL 1915, § 15481; and CL 1929, § 16833.


© 2017 Legislative Council, State of Michigan
Chapter XV
BOATS AND NAVIGATION


750.104 Fitting out vessel with intent to destroy.

Sec. 104.

Fitting out vessel with intent to destroy the same—Any person who shall lade, equip or fit out, or assist in lading, equipping or fitting out any ship, boat or vessel, with intent that the same shall be cast away, burnt, sunk or otherwise destroyed, to injure or defraud any owner or insurer of such ship, boat or vessel, or of any property laden on board the same, shall be guilty of a felony.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.104
Former Law: See section 42 of Ch. 154 of R.S. 1846, being CL 1857, § 5786; CL 1871, § 7593; How., § 9164; CL 1897, § 11578; CL 1915, § 15323; and CL 1929, § 16919.


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750.105 False invoice of cargo.

Sec. 105.

Making false invoice of cargo—The owner of any ship, boat or vessel, or of any property laden, or pretended to be laden on board the same, and any other person concerned in the lading or fitting out of any such ship, boat or vessel, who shall make out or exhibit, or cause to be made out or exhibited, any false or fraudulent invoice, bill of lading, bill of parcels or other false estimates of any goods or property laden or pretended to be laden on board such ship, boat or vessel, with intent to injure or defraud any insurer of such ship, boat or vessel or property, or of any part thereof, shall be guilty of a felony.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.105
Former Law: See section 43 of Ch. 154 of R.S. 1846, being CL 1857, § 5787; CL 1871, § 7594; How., § 9165; CL 1897, § 11579; CL 1915, § 15324; and CL 1929, § 16920.


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750.106 Repealed. 2018, Act 283, Eff. Sept. 27, 2018.


Compiler's Notes: The repealed section pertained to a master, officer, or mariner of a ship, boat, or vessel from making a false affidavit or protest.
Former Law: See section 44 of Ch. 154 of R.S. 1846, being CL 1857, § 5788; CL 1871, § 7595; How., § 9166; CL 1897, § 11580; CL 1915, § 15325; and CL 1929, § 16921.


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750.107 Moored boat; breaking of lock or chain.

Sec. 107.

Breaking lock, etc., of boat moored in lake, etc.—Any person or persons who shall wilfully and maliciously break any lock or chain fastened to any ship, boat or vessel, moored in any lake, river or watercourse of this state, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.107
Former Law: See section 1 of Act 166 of 1869, being CL 1871, § 7625; How., § 9198; CL 1897, § 11600; CL 1915, § 15355; and CL 1929, § 16996.


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750.108 Moored boat; removing.

Sec. 108.

Removing boat from fastenings, etc.—Any person who shall wilfully remove any ship, boat or vessel from their fastenings moored upon any lake, river, or watercourse in this state, without the consent of the owner, or who shall maliciously loose any ship, boat or vessel fastened by lock, chains or other fastening to the bank or shore of any lake, river or watercourse, and suffer the same to float away without the consent of the owner or person having in charge said ship, boat or vessel, or who shall rent or hire any such ship, boat or vessel, and shall without any cause leave such ship, boat or vessel, and abandon the same without giving the owner or owners, or person having charge thereof, notice of such abandonment, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.108
Former Law: See section 2 of Act 166 of 1869, being CL 1871, § 7626; How., § 9199; CL 1897, § 11601; CL 1915, § 15356; CL 1929, § 16997; and Act 56 of 1885.


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750.109 Mooring vessel to buoy or beacon.

Sec. 109.

Mooring vessel to buoy or beacon—Any person mooring any ship, boat or vessel to any of the buoys or beacons placed in any of the waters of the state, by the authority of the United States, or in any manner hanging on with a boat or vessel to any such buoy or beacon, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.109
Former Law: See section 1 of Act 5 of 1869, being CL 1871, § 7615; How., § 9196; CL 1897, § 11638; CL 1915, § 15404; and CL 1929, § 16998.


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750.109a Unauthorized possession; penalty.

Sec. 109a.

Any person who, wilfully and without authority, takes possession of or uses any vessel, as defined in Act No. 245 of the Public Acts of 1959, being sections 281.651 to 281.669 of the Compiled Laws of 1948, and any person who wilfully and without authority assists in or is a party to such taking possession of or use of a vessel belonging to another, is guilty of a misdemeanor.


History: Add. 1961, Act 217, Eff. Sept. 8, 1961


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Chapter XVI
BREAKING AND ENTERING


750.110 Breaking and entering; "shipping container" defined.

Sec. 110.

(1) A person who breaks and enters, with intent to commit a felony or a larceny therein, a tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, structure, boat, ship, shipping container, or railroad car is guilty of a felony punishable by imprisonment for not more than 10 years.

(2) As used in this section and section 111, "shipping container" means a standardized, reusable container for transporting cargo that is capable of integrating with a railcar flatbed or a flatbed semitrailer.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.110 ;-- Am. 1964, Act 133, Eff. Aug. 28, 1964 ;-- Am. 1968, Act 324, Eff. Nov. 15, 1968 ;-- Am. 1994, Act 270, Eff. Oct. 1, 1994 ;-- Am. 2008, Act 10, Eff. June 1, 2008
Former Law: See section 1 of Act 345 of 1925, being CL 1929, § 16948; and Act 13 of 1929.


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750.110a Definitions; home invasion; first degree; second degree; third degree; penalties.

Sec. 110a.

(1) As used in this section:

(a) “Dwelling” means a structure or shelter that is used permanently or temporarily as a place of abode, including an appurtenant structure attached to that structure or shelter.

(b) “Dangerous weapon” means 1 or more of the following:

(i) A loaded or unloaded firearm, whether operable or inoperable.

(ii) A knife, stabbing instrument, brass knuckles, blackjack, club, or other object specifically designed or customarily carried or possessed for use as a weapon.

(iii) An object that is likely to cause death or bodily injury when used as a weapon and that is used as a weapon or carried or possessed for use as a weapon.

(iv) An object or device that is used or fashioned in a manner to lead a person to believe the object or device is an object or device described in subparagraphs (i) to (iii).

(c) “Without permission” means without having obtained permission to enter from the owner or lessee of the dwelling or from any other person lawfully in possession or control of the dwelling.

(2) A person who breaks and enters a dwelling with intent to commit a felony, larceny, or assault in the dwelling, a person who enters a dwelling without permission with intent to commit a felony, larceny, or assault in the dwelling, or a person who breaks and enters a dwelling or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, commits a felony, larceny, or assault is guilty of home invasion in the first degree if at any time while the person is entering, present in, or exiting the dwelling either of the following circumstances exists:

(a) The person is armed with a dangerous weapon.

(b) Another person is lawfully present in the dwelling.

(3) A person who breaks and enters a dwelling with intent to commit a felony, larceny, or assault in the dwelling, a person who enters a dwelling without permission with intent to commit a felony, larceny, or assault in the dwelling, or a person who breaks and enters a dwelling or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, commits a felony, larceny, or assault is guilty of home invasion in the second degree.

(4) A person is guilty of home invasion in the third degree if the person does either of the following:

(a) Breaks and enters a dwelling with intent to commit a misdemeanor in the dwelling, enters a dwelling without permission with intent to commit a misdemeanor in the dwelling, or breaks and enters a dwelling or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, commits a misdemeanor.

(b) Breaks and enters a dwelling or enters a dwelling without permission and, at any time while the person is entering, present in, or exiting the dwelling, violates any of the following ordered to protect a named person or persons:

(i) A probation term or condition.

(ii) A parole term or condition.

(iii) A personal protection order term or condition.

(iv) A bond or bail condition or any condition of pretrial release.

(5) Home invasion in the first degree is a felony punishable by imprisonment for not more than 20 years or a fine of not more than $5,000.00, or both.

(6) Home invasion in the second degree is a felony punishable by imprisonment for not more than 15 years or a fine of not more than $3,000.00, or both.

(7) Home invasion in the third degree is a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,000.00, or both.

(8) The court may order a term of imprisonment imposed for home invasion in the first degree to be served consecutively to any term of imprisonment imposed for any other criminal offense arising from the same transaction.

(9) Imposition of a penalty under this section does not bar imposition of a penalty under any other applicable law.


History: Add. 1994, Act 270, Eff. Oct. 1, 1994 ;-- Am. 1999, Act 44, Eff. Oct. 1, 1999


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750.110b Dumping of garbage, oil, or rubbish from boats; penalty.

Sec. 110b.

Any person who discharges, dumps, deposits or throws or causes or permits the discharging, dumping, depositing or throwing of any garbage, except that which has passed through a disposal unit of a type approved by the United States public health service, or oil or rubbish from a vessel or watercraft of 25 or more feet in length into a river or inland lake within this state, or within 3 miles of the shoreline of any part of the great lakes or connecting waters thereof within this state, is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 1 year or by a fine of not more than $1,000.00, or by both.


History: Add. 1964, Act 132, Eff. Jan. 1, 1966


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750.111 Entering without breaking.

Sec. 111.

Any person who, without breaking, enters any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship, shipping container, railroad car or structure used or kept for public or private use, or any private apartment therein, with intent to commit a felony or any larceny therein, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.111 ;-- Am. 1964, Act 133, Eff. Aug. 28, 1964 ;-- Am. 2008, Act 10, Eff. June 1, 2008
Former Law: See section 2 of Act 345 of 1925, being CL 1929, § 16949; and Act 13 of 1929.


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750.112 Burglary with explosives.

Sec. 112.

Burglary with explosives—Any person who enters any building, and for the purpose of committing any crime therein, uses or attempts to use nitro-glycerine, dynamite, gunpowder or any other high explosive, shall be guilty of a felony, punishable by imprisonment in the state prison not less than 15 years nor more than 30 years.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.112
Former Law: See section 1 of Act 64 of 1907, being CL 1915, § 15338; and CL 1929, § 16951.


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750.113 Coin or depository box; opening or attempt to open.

Sec. 113.

A person who maliciously and willfully, by and with the aid and use of any key, instrument, device, or explosive, blows or attempts to blow, or forces or attempts to force an entrance into any coin box, depository box, or other receptacle established and maintained for the convenience of the public, or of any person or persons, in making payment for any article of merchandise or service, wherein is contained any money or thing of value, or extracts or obtains, or attempts to extract or obtain, therefrom any such money or thing of value so deposited or contained therein, is guilty of a misdemeanor punishable by imprisonment for not more than 6 months or a fine of not more than $750.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.113 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 1 of Act 24 of 1925, being CL 1929, § 16953.


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750.114 Breaking and entering; outside showcase or counter.

Sec. 114.

A person who shall break and enter, or enter without breaking, at any time, any outside showcase or other outside enclosed counter used for the display of goods, wares, or merchandise, with intent to commit the crime of larceny, is guilty of a misdemeanor punishable by imprisonment for not more than 6 months or a fine of not more than $750.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.114 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 1 of Act 65 of 1911, being CL 1915, § 15339; CL 1929, § 16952; and Act 144 of 1929.


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750.115 Breaking and entering or entering without breaking; buildings, tents, boats, railroad cars; entering public buildings when expressly denied.

Sec. 115.

(1) Any person who breaks and enters or enters without breaking, any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship, railroad car or structure used or kept for public or private use, or any private apartment therein, or any cottage, clubhouse, boat house, hunting or fishing lodge, garage or the out-buildings belonging thereto, any ice shanty with a value of $100.00 or more, or any other structure, whether occupied or unoccupied, without first obtaining permission to enter from the owner or occupant, agent, or person having immediate control thereof, is guilty of a misdemeanor.

(2) Subsection (1) does not apply to entering without breaking, any place which at the time of the entry was open to the public, unless the entry was expressly denied. Subsection (1) does not apply if the breaking and entering or entering without breaking was committed by a peace officer or an individual under the peace officer's direction in the lawful performance of his or her duties as a peace officer.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1947, Act 74, Eff. Oct. 11, 1947 ;-- CL 1948, 750.115 ;-- Am. 2000, Act 148, Imd. Eff. June 7, 2000
Former Law: See sections 1 and 2 of Act 181 of 1929, being CL 1929, §§ 16957 and 16958.


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750.116 Burglar's tools; possession.

Sec. 116.

Possession of burglar's tools—Any person who shall knowingly have in his possession any nitroglycerine, or other explosive, thermite, engine, machine, tool or implement, device, chemical or substance, adapted and designed for cutting or burning through, forcing or breaking open any building, room, vault, safe or other depository, in order to steal therefrom any money or other property, knowing the same to be adapted and designed for the purpose aforesaid, with intent to use or employ the same for the purpose aforesaid, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.116
Former Law: See section 53 of Ch. 154 of R.S. 1846, being CL 1871, § 7604; How., § 9175; CL 1897, § 11589; CL 1915, § 15334; CL 1929, § 16930; and Act 116 of 1867.


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Chapter XVII
BRIBERY AND CORRUPTION


750.117 Public officer; bribery.

Sec. 117.

Bribery of public officer—Any person who shall corruptly give, offer or promise to any public officer, agent, servant or employe, after the election or appointment of such public officer, agent, servant or employe and either before or after such public officer, agent, servant or employe shall have been qualified or shall take his seat, any gift, gratuity, money, property or other valuable thing, the intent or purpose of which is to influence the act, vote, opinion, decision or judgment of such public officer, agent, servant or employe, or his action on any matter, question, cause or proceeding, which may be pending or may by law be brought before him in his public capacity, or the purpose and intent of which is to influence any act or omission relating to any public duty of such officer, agent, servant or employe, shall be guilty of a felony.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.117
Former Law: See section 7 of Ch. 156 of R.S. 1846, being CL 1857, § 5826; CL 1871, § 7659; How., § 9241; CL 1897, § 11311; CL 1915, § 14978; and CL 1929, § 16569.


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750.118 Public officer; accepting bribe.

Sec. 118.

Public officer accepting bribe—Any executive, legislative or judicial officer who shall corruptly accept any gift or gratuity, or any promise to make any gift, or to do any act beneficial to such officer, under an agreement, or with an understanding that his vote, opinion or judgment shall be given in any particular manner, or upon a particular side of any question, cause or proceeding, which is or may be by law brought before him in his official capacity, or that in such capacity, he shall make any particular nomination or appointment, shall forfeit his office, and be forever disqualified to hold any public office, trust or appointment under the constitution or laws of this state, and shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years, or by fine of not more than 5,000 dollars.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.118
Former Law: See section 8 of Ch. 156 of R.S. 1846, being CL 1857, § 5827; CL 1871, § 7660; How., § 9242; CL 1897, § 11312; CL 1915, § 14979; and CL 1929, § 16570.


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750.119 Corruption of appraiser, receiver, trustee, administrator, executor, commissioner, auditor, juror, arbitrator, or referee by giving, offering, or promising gift or gratuity regarding pending matter; intent; penalties.

Sec. 119.

(1) A person who corrupts or attempts to corrupt an appraiser, receiver, trustee, administrator, executor, commissioner, auditor, juror, arbitrator, or referee by giving, offering, or promising any gift or gratuity with the intent to bias the opinion or influence the decision of that appraiser, receiver, trustee, administrator, executor, commissioner, auditor, juror, arbitrator, or referee regarding any matter pending in a court, or before an inquest, or for the decision for which the appraiser, receiver, trustee, administrator, executor, commissioner, auditor, juror, arbitrator, or referee was appointed or chosen, is guilty of a crime as follows:

(a) Except as provided in subdivision (b), the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.

(b) If the violation is committed in a criminal case for which the maximum term of imprisonment for the violation is more than 10 years, or the violation is punishable by imprisonment for life or any term of years, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $20,000.00, or both.

(2) This section does not prohibit a person from being charged with, convicted of, or punished for any other crime including any other violation of law arising out of the same transaction as the violation of this section.

(3) The court may order a term of imprisonment imposed for violating this section to be served consecutively to a term of imprisonment imposed for any other crime, including any other violation of law arising out of the same transaction as the violation of this section.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.119 ;-- Am. 2000, Act 453, Eff. Mar. 28, 2001
Former Law: See section 9 of Ch. 156 of R.S. 1846, being CL 1857, § 5828; CL 1871, § 7661; How., § 9243; CL 1897, § 11313; CL 1915, § 14980; and CL 1929, § 16571.


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750.120 Jurors, appraisers, etc.; accepting bribe.

Sec. 120.

Juror, etc., accepting bribe—Any person summoned as a juror or chosen or appointed as an appraiser, receiver, trustee, administrator, executor, commissioner, auditor, arbitrator or referee who shall corruptly take anything to give his verdict, award, or report, or who shall corruptly receive any gift or gratuity whatever, from a party to any suit, cause, or proceeding, for the trial or decision of which such juror shall have been summoned, or for the hearing or determination of which such appraiser, receiver, trustee, administrator, executor, commissioner, auditor, arbitrator, or referee shall have been chosen or appointed, shall be guilty of a felony.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.120
Former Law: See section 10 of Ch. 156 of R.S. 1846, being CL 1857, § 5829; CL 1871, § 7662; How., § 9244; CL 1897, § 11314; CL 1915, § 14981; CL 1929, § 16572; and Act 120 of 1875.


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750.120a Willfully attempting to influence juror by intimidation or other improper means; retaliating against person for having performed duties as juror; penalties.

Sec. 120a.

(1) A person who willfully attempts to influence the decision of a juror in any case by argument or persuasion, other than as part of the proceedings in open court in the trial of the case, 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.

(2) A person who willfully attempts to influence the decision of a juror in any case by intimidation, other than as part of the proceedings in open court in the trial of the case, is guilty of a crime as follows:

(a) Except as provided in subdivisions (b) and (c), the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.

(b) If the intimidation is committed in a criminal case for which the maximum term of imprisonment for the violation is more than 10 years, or the violation is punishable by imprisonment for life or any term of years, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $20,000.00, or both.

(c) If the intimidation involved committing or attempting to commit a crime or a threat to kill or injure any person or to cause property damage, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $25,000.00, or both.

(3) Subsections (1) and (2) do not prohibit any deliberating juror from attempting to influence other members of the same jury by any proper means.

(4) A person who retaliates, attempts to retaliate, or threatens to retaliate against another person for having performed his or her duties as a juror is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $20,000.00, or both. As used in this subsection, “retaliate” means any of the following:

(a) Committing or attempting to commit a crime against any person.

(b) Threatening to kill or injure any person or threatening to cause property damage.

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

(6) The court may order a term of imprisonment imposed for violating subsection (2) or (4) to be served consecutively to a term of imprisonment imposed for any other violation of law including any violation of law arising out of the same transaction as the violation of this section.


History: Add. 1955, Act 88, Eff. Oct. 14, 1955 ;-- Am. 2000, Act 450, Eff. Mar. 28, 2001 ;-- Am. 2003, Act 280, Imd. Eff. Jan. 8, 2004


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750.120b Jury deliberations; recording or attempting to record; penalty.

Sec. 120b.

It shall be unlawful for any person to attempt to record or to record the deliberation of a jury in any case. Any person violating the provisions of this section shall be guilty of a misdemeanor.


History: Add. 1956, Act 47, Eff. Aug. 11, 1956


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750.121 Public institutions; bribery of officers.

Sec. 121.

Bribery of officers of public institutions by persons having contracts therewith—Any person interested directly or indirectly in a contract with a state or municipal institution who shall corruptly give, offer or promise to any officer of such institution any bribe, gift, or gratuity whatever, with intent to improperly influence his official action under such contract, shall be guilty of felony.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.121
Former Law: See section 2 of Act 107 of 1873, being How., § 9356; CL 1897, § 11385; CL 1915, § 15103; CL 1929, § 484; and Act 297 of 1915.


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750.122 Prohibited acts; witnesses; threat or intimidation; affirmative defense; violation as felony; penalties; applicability of section; definitions.

Sec. 122.

(1) A person shall not give, offer to give, or promise anything of value to an individual for any of the following purposes:

(a) To discourage any individual from attending a present or future official proceeding as a witness, testifying at a present or future official proceeding, or giving information at a present or future official proceeding.

(b) To influence any individual's testimony at a present or future official proceeding.

(c) To encourage any individual to avoid legal process, to withhold testimony, or to testify falsely in a present or future official proceeding.

(2) Subsection (1) does not apply to the reimbursement or payment of reasonable costs for any witness to provide a statement to testify truthfully or provide truthful information in an official proceeding as provided for under section 16 of the uniform condemnation procedures act, 1980 PA 87, MCL 213.66, or section 2164 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2164, or court rule.

(3) A person shall not do any of the following by threat or intimidation:

(a) Discourage or attempt to discourage any individual from attending a present or future official proceeding as a witness, testifying at a present or future official proceeding, or giving information at a present or future official proceeding.

(b) Influence or attempt to influence testimony at a present or future official proceeding.

(c) Encourage or attempt to encourage any individual to avoid legal process, to withhold testimony, or to testify falsely in a present or future official proceeding.

(4) It is an affirmative defense under subsections (1) and (3), for which the defendant has the burden of proof by a preponderance of the evidence, that the conduct consisted solely of lawful conduct and that the defendant's sole intention was to encourage, induce, or cause the other person to testify or provide evidence truthfully.

(5) Subsections (1) and (3) do not apply to any of the following:

(a) The lawful conduct of an attorney in the performance of his or her duties, such as advising a client.

(b) The lawful conduct or communications of a person as permitted by statute or other lawful privilege.

(6) A person shall not willfully impede, interfere with, prevent, or obstruct or attempt to willfully impede, interfere with, prevent, or obstruct the ability of a witness to attend, testify, or provide information in or for a present or future official proceeding.

(7) A person who violates this section is guilty of a crime as follows:

(a) Except as provided in subdivisions (b) and (c), the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.

(b) If the violation is committed in a criminal case for which the maximum term of imprisonment for the violation is more than 10 years, or the violation is punishable by imprisonment for life or any term of years, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $20,000.00, or both.

(c) If the violation involves committing or attempting to commit a crime or a threat to kill or injure any person or to cause property damage, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $25,000.00, or both.

(8) A person who retaliates, attempts to retaliate, or threatens to retaliate against another person for having been a witness in an official proceeding is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $20,000.00, or both. As used in this subsection, “retaliate” means to do any of the following:

(a) Commit or attempt to commit a crime against any person.

(b) Threaten to kill or injure any person or threaten to cause property damage.

(9) This section applies regardless of whether an official proceeding actually takes place or is pending or whether the individual has been subpoenaed or otherwise ordered to appear at the official proceeding if the person knows or has reason to know the other person could be a witness at any official proceeding.

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

(11) The court may order a term of imprisonment imposed for violating this section to be served consecutively to a term of imprisonment imposed for the commission of any other crime including any other violation of law arising out of the same transaction as the violation of this section.

(12) As used in this section:

(a) “Official proceeding” means a proceeding heard before a legislative, judicial, administrative, or other governmental agency or official authorized to hear evidence under oath, including a referee, prosecuting attorney, hearing examiner, commissioner, notary, or other person taking testimony or deposition in that proceeding.

(b) “Threaten or intimidate” does not mean a communication regarding the otherwise lawful access to courts or other branches of government, such as the otherwise lawful filing of any civil action or police report of which the purpose is not to harass the other person in violation of section 2907 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2907.


History: Add. 2000, Act 452, Eff. Mar. 28, 2001
Compiler's Notes: Former MCL 750.122, which pertained to conflict of interest and officers of public institutions, was repealed by Act 317 of 1968, Eff. Sept. 1, 1968.


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750.123 Officer omitting duty for reward.

Sec. 123.

A sheriff, coroner, constable, peace officer, or any other officer authorized to serve process or arrest or apprehend offenders against criminal law who shall receive from a defendant or from any other person any money or other valuable thing or any service or promise to pay or give money or to perform or omit to perform any act as a consideration, reward, or inducement, for omitting or delaying to arrest any defendant, or to carry him or her before a magistrate, or for delaying to take any person to prison, or for postponing the sale of any property under an execution, or for omitting or delaying to perform any duty pertaining to his or her office, is guilty of a misdemeanor punishable by imprisonment for not more than 6 months or a fine of not more than $750.00. However, if that defendant is charged with an offense against the criminal laws of this state, an officer convicted under this section may be punished by any fine or by any term of imprisonment or both a fine and imprisonment, within the limits fixed by the statute that the defendant is charged with having violated.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.123 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 21 of Ch. 156 of R.S. 1846, being CL 1857, § 5840; CL 1871, § 7673; How., § 9255; CL 1897, § 11325; CL 1915, § 14992; CL 1929, § 16583; and Act 242 of 1921.


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750.124 Bribery of athlete.

Sec. 124.

Any person who corruptly gives, offers or promises to any person engaged in amateur or professional baseball, boxing, wrestling or other competitive athletic pursuits, any gift, gratuity or valuable thing whatever, with intent to influence him to lose or try to lose, or to affect the result in any way of, any contest in which he is participating or expects to participate; or any person engaged in amateur or professional baseball, boxing, wrestling or other competitive athletic pursuits, who corruptly solicits or accepts a gift, gratuity or valuable thing, or a promise to make a gift or to do an act beneficial to himself, under an agreement or with the understanding that he shall lose or try to lose, or to affect the result in any way of, any contest in which he is participating or expects to participate, shall be guilty of a felony.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1945, Act 160, Imd. Eff. May 16, 1945 ;-- CL 1948, 750.124 ;-- Am. 1951, Act 91, Eff. Sept. 28, 1951
Former Law: See section 1 of Act 238 of 1921, being CL 1929, § 17101.


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750.125 Giving, offering, or promising commission, gift, or gratuity to agent, employee, or other person with intent to influence action of agent or employee; requesting or accepting commission, gift, or gratuity; using or giving document containing materially false, erroneous, or defective statement; evidence; use of truthful testimony, evidence, or other information against witness in criminal case; violation as misdemeanor.

Sec. 125.

(1) A person shall not give, offer, or promise a commission, gift, or gratuity to an agent, employee, or other person or do or offer to do an act beneficial to an agent, employee, or other person with intent to influence the action of the agent or employee in relation to his or her principal's or employer's business.

(2) An agent or employee shall not request or accept a commission, gift, or gratuity, or a promise of a commission, gift, or gratuity, for the agent, employee, or another person or the doing of an act or offer of an act beneficial to the agent, employee, or another person according to an agreement or understanding between the agent or employee and any other person that the agent or employee shall act in a particular manner in relation to his or her principal's or employer's business.

(3) A person shall not use or give to an agent, employee, or other person, and an agent or employee shall not use, approve, or certify, with intent to deceive the principal or employer, a receipt, account, invoice, or other document concerning which the principal or employer is interested that contains a statement that is materially false, erroneous, or defective or omits to state fully any commission, money, property, or other valuable thing given or agreed to be given to the agent or employee.

(4) Evidence is not admissible in any proceeding or prosecution under this section to show that a gift or acceptance of a commission, money, property, or other valuable thing described in this section is customary in a business, trade, or calling. The customary nature of a transaction is not a defense in a proceeding or prosecution under this section.

(5) In a proceeding or prosecution under this section, a person shall not be excused from attending and testifying or from producing documentary evidence pursuant to a subpoena on the ground that the testimony or evidence may tend to incriminate him or her or subject him or her to a penalty or forfeiture. Truthful testimony, evidence, or other truthful information compelled under this section and any information derived directly or indirectly from that truthful testimony, evidence, or other truthful information shall not be used against the witness in a criminal case, except for impeachment purposes or in a prosecution for perjury or otherwise failing to testify or produce evidence as required.

(6) A person who violates this section 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.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.125 ;-- Am. 1999, Act 251, Imd. Eff. Dec. 28, 1999 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 1 of Act 210 of 1905, being CL 1915, § 15590; CL 1929, § 17094; and sections 2 to 6 of Act 146 of 1923, being CL 1929, §§ 17095 to 17099.


© 2017 Legislative Council, State of Michigan
Chapter XVIII
BUCKET SHOPS


750.126 Intent of chapter.

Sec. 126.

Intent of chapter—It is the intention of this chapter to prevent, punish and prohibit within this state, the business now engaged in and conducted in places commonly known and designated as bucket shops, and also to include the practice now commonly known as bucket shopping by any person or persons, agents, corporations, associations or copartnerships who or which ostensibly carry on the business or occupation of commission merchants or brokers in grain, provisions, cotton, coffee, petroleum, stocks, bonds or other commodities whatsoever.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.126
Former Law: See section 1 of Act 336 of 1907, being CL 1915, § 7805; and CL 1929, § 9133.


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750.127 Bucket shop; definition.

Sec. 127.

Bucket shops defined—A bucket shop, within the meaning of this chapter, is defined to be an office, store or other place wherein the proprietor or keeper thereof, or other person or agent, either in his or its own behalf, or as the agent or correspondent of any other person, corporation, association or copartnership within or without the state conducts the business of making or offering to make contracts, agreements, trades or transactions respecting the purchase or sale, or purchase and sale of any stocks, grains, provisions or other commodity or personal property wherein both parties thereto, or said proprietor or keeper contemplated or intended that the contracts, agreements, trades or transactions shall be, or may be closed, adjusted or settled according to or upon the basis of the market quotations or price made on any board of trade or exchange, upon which the commodities or securities referred to in such contracts, agreements, trades or transactions are dealt in, and without a bona fide transaction on such board of trade or exchange, or wherein both parties or such keeper or proprietor shall contemplate or intend that such contracts, agreements, trades or transactions shall be or may be deemed closed or terminated, when the market quotations of prices made on such board of trade or exchange for the articles or securities named in such contracts, agreements, trades or transactions shall reach a certain figure, and also any office, store or other place where the keeper, person or agent or proprietor thereof, either in his or its own behalf, or as an agent as aforesaid therein, makes or offers to make, with others, contracts, trades or transactions for the purchase or sale of any such commodity, wherein the parties thereto do not contemplate the actual or bona fide receipt or delivery of such property, but do contemplate a settlement thereof based upon differences in the price at which said property is or is claimed to be bought and sold. The said crime shall be complete against any proprietor, person, agent or keeper thus offering to make any such contracts, trades or transactions, whether such offer is accepted or not.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.127
Former Law: See section 1 of Act 336 of 1907, being CL 1915, § 7805; and CL 1929, § 9133.


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750.128 Maintenance of bucket shop; punishment.

Sec. 128.

Punishment—Any corporation, association, copartnership, person or persons, or agent, who shall keep or cause to be kept within this state, any bucket shop, and any corporation, person or persons, or agents whether acting individually or as a member or as an officer, agent or employe or any corporation, association or copartnership, who shall keep, maintain or assist in the keeping and maintaining, of any such bucket shop within this state, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 2 years or by a fine of not less than 500 dollars or more than 1,000 dollars.

The continuance of such establishment after the first conviction shall be deemed a second offense and if the offender be a corporation, it shall be liable to forfeiture of all its rights and privileges as such.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.128
Former Law: See section 2 of Act 336 of 1907, being CL 1915, § 7806; and CL 1929, § 9134.


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750.129 Accessories.

Sec. 129.

Accessories—Any corporation, association or copartnership, person or persons or his agent or agents who shall communicate, receive, exhibit or display in any manner, any statements of quotations of the prices of any property mentioned in the second section of the chapter with a view to any transaction or transactions in this chapter prohibited, shall be deemed an accessory, and upon conviction thereof, shall be fined and punished the same as the principal, as provided in the next preceding section of this chapter.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.129
Former Law: See section 3 of Act 336 of 1907, being CL 1915, § 7807; and CL 1929, § 9135.


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750.130 Commission merchant; furnishing written statement upon demand.

Sec. 130.

Commission merchant to furnish written statement upon demand—It shall be the duty of every commission merchant, copartnership, association, corporation, person or persons, or agent or broker in this state, engaged in the business of buying or selling of or buying and selling stocks, bonds, grain, provisions or other commodities or personal property for any person, principal, customer or purchaser, to furnish, upon demand, to any customer or principal for whom such merchant, broker, copartnership, corporation, association, person or persons, or agent or agents has executed any order for the actual purchase or sale of the commodities hereinbefore mentioned, either for immediate or future delivery, a written statement containing the names of the parties from whom the property was bought, or to whom it shall have been sold, as the case may be, the time when, the place where, and the price at which the same was either bought or sold, and in case such commission merchant, broker, person or persons, or agent or agents, copartnership, corporation or association shall refuse promptly to furnish the statement upon reasonable demand, the fact of such refusal shall be prima facie evidence that such property was not sold or bought in a legitimate manner, but was bought in violation thereof.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.130
Former Law: See section 4 of Act 336 of 1907, being CL 1915, § 7808; and CL 1929, § 9136.


© 2017 Legislative Council, State of Michigan
Chapter XIX
CHECKS WITHOUT SUFFICIENT FUNDS


750.131 Check, draft, or order for payment of money; making, drawing, uttering, or delivering without sufficient funds with intent to defraud; violation; penalties; enhanced sentence based on prior convictions.

Sec. 131.

(1) A person shall not make, draw, utter, or deliver any check, draft, or order for the payment of money, to apply on account or otherwise, upon any bank or other depository with intent to defraud and knowing at the time of the making, drawing, uttering, or delivering that the maker or drawer does not have sufficient funds in or credit with the bank or other depository to pay the check, draft, or order in full upon its presentation.

(2) A person shall not make, draw, utter, or deliver any check, draft, or order for the payment of money, to apply on account or otherwise, upon any bank or other depository with intent to defraud if the person does not have sufficient funds for the payment of the check, draft, or order when presentation for payment is made to the drawee. This subsection does not apply if the lack of funds is due to garnishment, attachment, levy, or other lawful cause and that fact was not known to the person when the person made, drew, uttered, or delivered the check, draft, or order.

(3) A person who violates this section is guilty of a crime as follows:

(a) If the amount payable in the check, draft, or order is less than $100.00, as follows:

(i) For a first offense, a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

(ii) For an offense following 1 or more prior convictions under this section or a local ordinance substantially corresponding to this section, a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

(b) If the amount payable in the check, draft, or order is $100.00 or more but less than $500.00, as follows:

(i) For a first or second offense, a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00 or 3 times the amount payable, whichever is greater, or both imprisonment and a fine.

(ii) For an offense following 2 or more prior convictions under this section, a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both. For purposes of this subparagraph, however, a prior conviction does not include a conviction for a violation or attempted violation of subdivision (a).

(c) If the amount payable in the check, draft, or order is $500.00 or more, a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00 or 3 times the amount payable, whichever is greater, or both imprisonment and a fine.

(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) 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.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.131 ;-- Am. 1962, Act 65, Eff. Mar. 28, 1963 ;-- Am. 1984, Act 277, Eff. Mar. 29, 1985 ;-- Am. 1998, Act 312, Eff. Jan. 1, 1999
Former Law: See section 1 of Act 271 of 1919, being CL 1929, § 12064; and Act 142 of 1923.


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750.131a Check, draft, or order for payment of money; making, drawing, uttering, or delivering without account, credit, or sufficient funds with intent to defraud; violation as felony; penalties.

Sec. 131a.

(1) A person shall not, with intent to defraud, make, draw, utter, or deliver any check, draft, or order for the payment of money, to apply on an account or otherwise, upon any bank or other depository, if at the time of making, drawing, uttering, or delivering the check, draft, or order he or she does not have an account in or credit with the bank or other depository for the payment of the check, draft, or order upon presentation. A person who violates this subsection is guilty of a felony, punishable by imprisonment for not more than 2 years, or by a fine of not more than $500.00, or both.

(2) A person shall not, with intent to defraud, make, draw, utter, or deliver, within a period of not more than 10 days, 3 or more checks, drafts, or orders for the payment of money, to apply on account or otherwise, upon any bank or other depository, knowing at the time of making, drawing, uttering, or delivering each of the checks, drafts, or orders that the maker or drawer does not have sufficient funds or credit with the bank or other depository for the payment of the check, draft, or order in full upon its presentation. A person who violates this subsection is guilty of a felony, punishable by imprisonment for not more than 2 years, or by a fine of not more than $500.00, or both.


History: Add. 1941, Act 200, Eff. Jan. 10, 1942 ;-- CL 1948, 750.131a ;-- Am. 1984, Act 277, Eff. Mar. 29, 1985


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750.132 Evidence of intent.

Sec. 132.

Evidence of intent to defraud, etc.—As against the maker or drawer thereof, the making, drawing, uttering or delivering of a check, draft or order, payment of which is refused by the drawee, when presented in the usual course of business, shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in or credit with such bank or other depository, provided such maker or drawer shall not have paid the drawee thereof the amount due thereon, together with all costs and protest fees, within 5 days after receiving notice that such check, draft or order has not been paid by the drawee.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.132
Former Law: See section 2 of Act 271 of 1919, being CL 1929, § 12065.


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750.133 Evidence of intent; notice of protest.

Sec. 133.

Notice of protest as evidence of intent to defraud, etc.—Where such check, draft or order is protested, on the ground of insufficiency of funds or credit, the notice of protest thereof shall be admissible as proof of presentation, non-payment and protest, and shall be prima facie evidence of intent to defraud, and of knowledge of insufficient funds or credit with such bank or other depository.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.133


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750.134 Checks without sufficient funds; credit construed.

Sec. 134.

Credit construed—The word “credit” as used herein, shall be construed to mean an arrangement or understanding with the bank or depository, for the payment of such check, draft or order, in full, upon the presentation thereof for payment.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1939, Act 314, Eff. Sept. 29, 1939 ;-- CL 1948, 750.134
Former Law: See section 3 of Act 271 of 1919, being CL 1929, § 12066.


© 2017 Legislative Council, State of Michigan
Chapter XX
CHILDREN


750.135 Children; exposing with intent to injure or abandon; surrender of child to emergency service provider; applicability of subsection (1); definitions.

Sec. 135.

(1) Except as provided in subsection (3), a father or mother of a child under the age of 6 years, or another individual, who exposes the child in any street, field, house, or other place, with intent to injure or wholly to abandon the child, is guilty of a felony, punishable by imprisonment for not more than 10 years.

(2) Except for a situation involving actual or suspected child abuse or child neglect, it is an affirmative defense to a prosecution under subsection (1) that the child was not more than 72 hours old and was surrendered to an emergency service provider under chapter XII of the probate code of 1939, 1939 PA 288, MCL 712.1 to 712.20. A criminal investigation shall not be initiated solely on the basis of a newborn being surrendered to an emergency service provider under chapter XII of the probate code of 1939, 1939 PA 288, MCL 712.1 to 712.20.

(3) Subsection (1) does not apply to a mother of a newborn who is surrendered under the born alive infant protection act. Subsection (1) applies to an attending physician who delivers a live newborn as a result of an attempted abortion and fails to comply with the requirements of the born alive infant protection act.

(4) As used in this section:

(a) “Emergency service provider” means a uniformed employee or contractor of a fire department, hospital, or police station when that individual is inside the premises and on duty.

(b) “Fire department” means an organized fire department as that term is defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29.1.

(c) “Hospital” means a hospital that is licensed under article 17 of the public health code, 1978 PA 368, MCL 333.20101 to 333.22260.

(d) “Police station” means a police station as that term is defined in section 43 of the Michigan vehicle code, 1949 PA 300, MCL 257.43.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.135 ;-- Am. 2000, Act 233, Eff. Jan. 1, 2001 ;-- Am. 2002, Act 689, Eff. Mar. 31, 2003
Compiler's Notes: Enacting section 1 of Act 233 of 2000 provides:“Enacting section 1. Section 135 of the Michigan penal code, 1931 PA 328, MCL 750.135, as amended by this amendatory act, does not apply to a violation of that section committed before the effective date of this amendatory act.”
Former Law: See section 31 of Ch. 153 of R.S. 1846, being CL 1857, § 5741; CL 1871, § 7540; How., § 9105; CL 1897, § 11500; CL 1915, § 15222; CL 1929, § 16738; and Act 200 of 1875.


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750.135a Leaving child unattended in vehicle; prohibition; violation; definitions.

Sec. 135a.

(1) A person who is responsible for the care or welfare of a child shall not leave that child unattended in a vehicle for a period of time that poses an unreasonable risk of harm or injury to the child or under circumstances that pose an unreasonable risk of harm or injury to the child.

(2) A person who violates this section is guilty of a crime as follows:

(a) Except as otherwise provided in subdivisions (b) to (d), 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 both.

(b) If the violation results in physical harm other than serious physical harm to the child, the person 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.

(c) If the violation results in serious physical harm to the child, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both.

(d) If the violation results in the death of the child, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.

(3) As used in this section:

(a) "Child" means an individual less than 6 years of age.

(b) "Physical harm" and "serious physical harm" mean those terms as defined in section 136b.

(c) "Unattended" means alone or without the supervision of an individual 13 years of age or older who is not legally incapacitated.

(d) "Vehicle" means that term as defined in section 79 of the Michigan vehicle code, 1949 PA 300, MCL 257.79.


History: Add. 2008, Act 519, Eff. Apr. 1, 2009


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750.136 Labia majora or labia minor or clitoris; surgical procedure prohibited; exceptions; violation as felony; penalty; violation of law arising from same transaction.

Sec. 136.

(1) A person shall not knowingly circumcise, excise, or infibulate the whole or any part of the labia majora or labia minora or clitoris of another person who is less than 18 years of age.

(2) A surgical operation is not a violation of this section if the operation is either of the following:

(a) Necessary to the health of the person on whom it is performed and is performed by a person licensed to perform that operation under the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.

(b) Performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed to perform that operation under the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.

(3) A person shall not knowingly facilitate a violation of subsection (1).

(4) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 15 years.

(5) It is not a defense to prosecution under this section that the person on whom the operation is performed, or any other person, believes that the operation is required as a matter of custom or ritual, or that the person on whom the operation is performed, or that person's parent or guardian, consented to the operation.

(6) A violation of this section by a person licensed under the public health code, 1978 PA 368, MCL 333.1101 to 333.25211, is grounds for permanent revocation of that license.

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


History: Add. 2017, Act 68, Eff. Oct. 9, 2017 ;-- Add. 2017, Act 70, Eff. Oct. 9, 2017
Compiler's Notes: Former MCL 750.136, which pertained to cruelty of children, was repealed by Act 251 of 1988, Eff. Sept. 1, 1988.


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750.136a Transporting person for conduct violating MCL 750.136; felony; penalty; violation arising out of same transaction.

Sec. 136a.

(1) A person shall not knowingly transport a person from this state for the purpose of conduct with regard to that person that would be a violation of section 136 if the conduct occurred in this state.

(2) A person shall not knowingly facilitate a violation of subsection (1).

(3) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 15 years.

(4) It is not a defense to prosecution under this section that the person on whom the operation is performed, or any other person, believes that the operation is required as a matter of custom or ritual, or that the person on whom the operation is performed, or that person's parent or guardian, consented to the operation.

(5) A violation of this section by a person licensed under the public health code, 1978 PA 368, MCL 333.1101 to 333.25211, is grounds for permanent revocation of that license.

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


History: Add. 2017, Act 69, Eff. Oct. 9, 2017 ;-- Add. 2017, Act 71, Eff. Oct. 9, 2017
Compiler's Notes: Former MCL 750.136a, which pertained to torturing of children, was repealed by Act 251 of 1988, Eff. Sept. 1, 1988.


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750.136b Definitions; child abuse; degrees; penalties; exception; affirmative defense.

Sec. 136b.

(1) As used in this section:

(a) "Child" means a person who is less than 18 years of age and is not emancipated by operation of law as provided in section 4 of 1968 PA 293, MCL 722.4.

(b) "Cruel" means brutal, inhuman, sadistic, or that which torments.

(c) "Omission" means a willful failure to provide food, clothing, or shelter necessary for a child's welfare or willful abandonment of a child.

(d) "Person" means a child's parent or guardian or any other person who cares for, has custody of, or has authority over a child regardless of the length of time that a child is cared for, in the custody of, or subject to the authority of that person.

(e) "Physical harm" means any injury to a child's physical condition.

(f) "Serious physical harm" means any physical injury to a child that seriously impairs the child's health or physical well-being, including, but not limited to, brain damage, a skull or bone fracture, subdural hemorrhage or hematoma, dislocation, sprain, internal injury, poisoning, burn or scald, or severe cut.

(g) "Serious mental harm" means an injury to a child's mental condition or welfare that is not necessarily permanent but results in visibly demonstrable manifestations of a substantial disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.

(2) A person is guilty of child abuse in the first degree if the person knowingly or intentionally causes serious physical or serious mental harm to a child. Child abuse in the first degree is a felony punishable by imprisonment for life or any term of years.

(3) A person is guilty of child abuse in the second degree if any of the following apply:

(a) The person's omission causes serious physical harm or serious mental harm to a child or if the person's reckless act causes serious physical harm or serious mental harm to a child.

(b) The person knowingly or intentionally commits an act likely to cause serious physical or mental harm to a child regardless of whether harm results.

(c) The person knowingly or intentionally commits an act that is cruel to a child regardless of whether harm results.

(d) The person or a licensee as licensee is defined in section 1 of 1973 PA 116, MCL 722.111, violates section 15(2) of 1993 PA 218, MCL 722.125.

(4) Child abuse in the second degree is a felony punishable by imprisonment as follows:

(a) For a first offense, not more than 10 years.

(b) For a second or subsequent offense, not more than 20 years.

(5) A person is guilty of child abuse in the third degree if any of the following apply:

(a) The person knowingly or intentionally causes physical harm to a child.

(b) The person knowingly or intentionally commits an act that under the circumstances poses an unreasonable risk of harm or injury to a child, and the act results in physical harm to a child.

(6) Child abuse in the third degree is a felony punishable by imprisonment for not more than 2 years.

(7) A person is guilty of child abuse in the fourth degree if any of the following apply:

(a) The person's omission or reckless act causes physical harm to a child.

(b) The person knowingly or intentionally commits an act that under the circumstances poses an unreasonable risk of harm or injury to a child, regardless of whether physical harm results.

(8) Child abuse in the fourth degree is a misdemeanor punishable by imprisonment for not more than 1 year.

(9) This section does not prohibit a parent or guardian, or other person permitted by law or authorized by the parent or guardian, from taking steps to reasonably discipline a child, including the use of reasonable force.

(10) It is an affirmative defense to a prosecution under this section that the defendant's conduct involving the child was a reasonable response to an act of domestic violence in light of all the facts and circumstances known to the defendant at that time. The defendant has the burden of establishing the affirmative defense by a preponderance of the evidence. As used in this subsection, "domestic violence" means that term as defined in section 1 of 1978 PA 389, MCL 400.1501.


History: Add. 1988, Act 251, Eff. Sept. 1, 1988 ;-- Am. 1999, Act 273, Eff. Apr. 3, 2000 ;-- Am. 2008, Act 577, Eff. Apr. 1, 2009 ;-- Am. 2012, Act 194, Eff. July 1, 2012 ;-- Am. 2016, Act 488, Eff. Apr. 6, 2017
Compiler's Notes: Section 4 of Act 251 of 1988 provides: “All proceedings pending and liabilities existing at the time this amendatory act takes effect are saved and may be prosecuted according to the law in force when they are commenced pursuant to section 4a of chapter 1 of the Revised Statutes of 1846, being section 8.4a of the Michigan Compiled Laws.”Enacting section 1 of Act 194 of 2012 provides:"Enacting section 1. This amendatory act shall be known and may be cited as "Dominick's Law"."


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750.136c Transfer or acquisition of legal or physical custody of individual; prohibited conduct; exceptions; violation as felony; penalty.

Sec. 136c.

(1) A person shall not transfer or attempt to transfer the legal or physical custody of an individual to another person for money or other valuable consideration, except as otherwise permitted by law.

(2) A person shall not acquire or attempt to acquire the legal or physical custody of an individual for payment of money or other valuable consideration to another person, except as otherwise permitted by law.

(3) Except as provided in subsection (4), a person shall not do any of the following, whether or not the person receives money or other valuable consideration for doing so:

(a) Transfer or attempt to transfer the legal or physical custody of a child with the intent to permanently divest a parent of parental responsibility, except by order of a court of competent jurisdiction.

(b) Arrange for or assist in the permanent transfer, adoption, adoptive placement, or any other permanent physical placement of a child, except for the performance of adoption activities under 1973 PA 116, MCL 722.111 to 722.128, in the performance of the person's duties.

(c) Assist, aid, abet, or conspire in the commission of an act described in subdivision (a) or (b).

(4) Subsection (3) does not apply to the placement of a child under 1 or more of the following conditions:

(a) With a relative, a child placing agency, or the department.

(b) By a child placing agency or the department.

(c) In accordance with the interstate compact on placement of children, 1984 PA 114, MCL 3.711 to 3.717.

(d) In which the child will be returned in less than 180 days.

(e) With the specific intent that the child will be returned, that the placement benefits the child, and that it is based on the temporary needs of the family, including, but not limited to, 1 or more of the following:

(i) Respite for the child and family.

(ii) A vacation or school-sponsored activity or function.

(iii) A temporary inability of the parent or legal guardian to provide care for the child due to incarceration, military service, medical treatment, or other incapacity of the parent or legal guardian.

(5) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $100,000.00, or both.


History: Add. 2000, Act 205, Eff. Sept. 1, 2000 ;-- Am. 2016, Act 482, Eff. Apr. 6, 2017


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750.136d Violation of MCL 750.136b in presence of child other than victim; penalty; laws arising out of same transaction.

Sec. 136d.

(1) A person who violates section 136b in the presence of a child other than the child who is the victim of the violation is guilty of a felony punishable as follows:

(a) If the person violates section 136b(2) in the presence of another child, by imprisonment for life or any term of years.

(b) Except as provided in subdivision (c), if the person violates section 136b(4) in the presence of another child, by imprisonment for not more than 10 years.

(c) If the person violates section 136b(4) in the presence of another child on a second or subsequent occasion, by imprisonment for not more than 20 years.

(d) If the person violates section 136b(6) in the presence of another child, by imprisonment for not more than 2 years.

(2) A charge and conviction under this section do not prohibit a person from being charged with, convicted of, or sentenced for any other violation of law arising out of the same transaction as the violation of this section.


History: Add. 2012, Act 194, Eff. July 1, 2012
Compiler's Notes: Enacting section 1 of Act 194 of 2012 provides:"Enacting section 1. This amendatory act shall be known and may be cited as "Dominick's Law"."


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750.137 Purchases from minors.

Sec. 137.

A dealer in second-hand goods, junk shop keeper, peddler, rag or paper buyer, pawnbroker or hawker who purchases either directly or indirectly or by his agent or clerk, any goods, thing, article or articles from a minor without the written consent of the parent or guardian of the minor shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.137 ;-- Am. 1972, Act 32, Imd. Eff. Feb. 19, 1972
Former Law: See section 1 of Act 52 of 1889, being How., § 9354; CL 1897, § 11376; CL 1915, § 15094; and CL 1929, § 9830.


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750.138 Children; legal custody; interference.

Sec. 138.

A person who in any manner interferes or attempts to interfere with the custody of any child who has been adjudged to be dependent, neglected, or delinquent pursuant to chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.1 to 712A.32, after the making of an order of commitment to a state institution or otherwise, in accordance with that act and pending the actual admission and reception of the child as an inmate of the institution, school, or home to which commitment is made; and any person who entices the neglected, dependent, or delinquent child from and out of the custody of the person or persons entitled thereto under the order of the court or who shall in any way interfere or attempt to interfere with the custody; and a person who entices or procures the child committed as aforesaid to leave and depart from any hospital or other place where the child was placed pursuant to the order of the court for the purpose of receiving medical treatment pending admission into the state institution, school, home, or other institution or place to which commitment may have been made, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.138 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Compiler's Notes: Act 6 of 1907, Ex. Sess., referred to in this section, was repealed by Act 288 of 1939. For present law, see MCL 712A.1 et seq.
Former Law: See sections 1 and 2 of Act 286 of 1915, being CL 1915, §§ 2026 and 2027; CL 1929, §§ 12850 and 12851.


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750.139 Child under 16 years of age; confinement; commitment or trial; presence at trial of adults; transportation with adults charged with or convicted of crime; exception; violation as misdemeanor.

Sec. 139.

(1) Except as provided in subsection (2), a child under 16 years of age while under arrest, confinement, or conviction for any crime, shall not be placed in any apartment or cell of any prison or place of confinement with any adult who is under arrest, confinement, or conviction for any crime, or be permitted to remain in any court room during the trial of adults, or be transported in any vehicle of transportation in company with adults charged with or convicted of crime.

(2) Subsection (1) does not apply to prisoners being transported to or from, or confined in a youth correctional facility operated by the department of corrections or a private vendor under section 20g of 1953 PA 232, MCL 791.220g.

(3) All cases involving the commitment or trial of children under 16 years of age for any crime or misdemeanor, before any court, shall be heard and determined by the court at a suitable time, to be designated by it, separate and apart from the trial of other criminal cases.

(4) Any person who violates this section is guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.139 ;-- Am. 1991, Act 145, Imd. Eff. Nov. 25, 1991 ;-- Am. 1998, Act 510, Imd. Eff. Jan. 8, 1999
Former Law: See sections 1 to 3 of Act 110 of 1901, being CL 1915, §§ 7240 to 7242; and CL 1929, §§ 12816 to 12818.


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750.140 Children; exhibition; employ; apprentice.

Sec. 140.

Any person having the care, custody, or control of any child under 16 years of age, who shall exhibit, use, or employ, or who shall apprentice, give away, let out, or otherwise dispose of the child to any person in or for the vocation, service, or occupation of rope or wire walking, gymnast, contortionist, rider, or acrobat, dancing, or begging in any place whatsoever, or for any obscene, indecent, or immoral purpose, exhibition, or practice whatsoever, or for any exhibition injurious to the health or dangerous to the life or limb of the child, or who shall cause, procure, or encourage the child to engage therein, and any person who shall take, receive, hire, employ, use, exhibit, or have in custody any child for any of the purposes mentioned in this section, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.140 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 1 of Act 260 of 1881, being How., § 1998; CL 1897, § 5553; CL 1915, § 7222; and CL 1929, § 12798.


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750.141 Presence of minor under 17 in places where liquor is sold, given away, or furnished; attendance of minors at dances.

Sec. 141.

A minor child under 17 years of age shall not be permitted to remain in a dance hall, saloon, barroom or any place where spirituous or intoxicating liquor, wine or beer, or any beverage, liquor or liquors containing spirituous or intoxicating liquor, beer or malt liquor is sold, given away or furnished for a beverage, unless the minor is accompanied by parent or guardian. A proprietor, keeper or manager of any such place who permits a minor child to remain in any such place, and a person who encourages or induces in any way the minor child to enter the place or to remain therein shall be deemed guilty of a misdemeanor. This section shall not prevent a township, village or city from establishing, by ordinance, regulations more stringent than the provisions of this act relative to the attendance of a minor at theaters, movie houses, bowling or billiard halls and dance halls. This section shall not prevent a township, village or city from establishing, by ordinance, regulations permitting the attendance of minor children at dances where no spirituous or intoxicating liquor, beer or malt liquor is sold, given away or consumed in the dance area.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.141 ;-- Am. 1959, Act 254, Eff. Mar. 19, 1960 ;-- Am. 1966, Act 166, Imd. Eff. July 1, 1966 ;-- Am. 1972, Act 32, Imd. Eff. Feb. 19, 1972
Former Law: See section 3 of Chapter XXX of Part II of Act 319 of 1927, being CL 1929, § 7631; section 2 of Act 260 of 1881, being How., § 1999; CL 1897, § 5554; CL 1915, § 7223; CL 1929, § 12799; Act 236 of 1905; and Act 55 of 1907.


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750.141a Definitions; prohibited conduct by person having control of real property; applicability of section; violation of subsection (2) as misdemeanor; penalty; evidence of rebuttable presumption; selling or furnishing alcoholic beverage to minor not authorized by act; criminal penalty.

Sec. 141a.

(1) As used in this section:

(a) “Alcoholic beverage” means an alcoholic liquor as defined in section 2 of the Michigan liquor control act, Act No. 8 of the Public Acts of the Extra Session of 1933, being section 436.2 of the Michigan Compiled Laws.

(b) “Allow” means to give permission for, or approval of, possession or consumption of an alcoholic beverage or a controlled substance, by any of the following means:

(i) In writing.

(ii) By 1 or more oral statements.

(iii) By any form of conduct, including a failure to take corrective action, that would cause a reasonable person to believe that permission or approval has been given.

(c) “Control over any premises, residence, or other real property” means the authority to regulate, direct, restrain, superintend, control, or govern the conduct of other individuals on or within that premises, residence, or other real property, and includes, but is not limited to, a possessory right.

(d) “Controlled substance” means that term as defined in section 7104 of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.7104 of the Michigan Compiled Laws.

(e) “Corrective action” means any of the following:

(i) Making a prompt demand that the minor or other individual depart from the premises, residence, or other real property, or refrain from the unlawful possession or consumption of the alcoholic beverage or controlled substance on or within that premises, residence, or other real property, and taking additional action described in subparagraph (ii) or (iii) if the minor or other individual does not comply with the request.

(ii) Making a prompt report of the unlawful possession or consumption of alcoholic liquor or a controlled substance to a law enforcement agency having jurisdiction over the violation.

(iii) Making a prompt report of the unlawful possession or consumption of alcoholic liquor or a controlled substance to another person having a greater degree of authority or control over the conduct of persons on or within the premises, residence, or other real property.

(f) “Minor” means an individual less than 21 years of age.

(g) “Premises” means a permanent or temporary place of assembly, other than a residence, including, but not limited to, any of the following:

(i) A meeting hall, meeting room, or conference room.

(ii) A public or private park.

(h) “Residence” means a permanent or temporary place of dwelling, including, but not limited to, any of the following:

(i) A house, apartment, condominium, or mobile home.

(ii) A cottage, cabin, trailer, or tent.

(iii) A motel unit, hotel unit, or bed and breakfast unit.

(i) “Social gathering” means an assembly of 2 or more individuals for any purpose, unless all of the individuals attending the assembly are members of the same household or immediate family.

(2) Except as otherwise provided in subsection (3), an owner, tenant, or other person having control over any premises, residence, or other real property shall not do either of the following:

(a) Knowingly allow a minor to consume or possess an alcoholic beverage at a social gathering on or within that premises, residence, or other real property.

(b) Knowingly allow any individual to consume or possess a controlled substance at a social gathering on or within that premises, residence, or other real property.

(3) This section does not apply to the use, consumption, or possession of a controlled substance by an individual pursuant to a lawful prescription, or to the use, consumption, or possession of an alcoholic beverage by a minor for religious purposes.

(4) Except as provided in subsection (5), a person who violates subsection (2) is guilty of a misdemeanor punishable by imprisonment for not more than 30 days or by a fine of not more than $1,000.00, or both.

(5) For a second or subsequent violation of subsection (2) the person is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or by a fine of not more than $1,000.00, or both.

(6) Evidence of all of the following gives rise to a rebuttable presumption that the defendant allowed the consumption or possession of an alcoholic beverage or a controlled substance on or within a premises, residence, or other real property, in violation of this section:

(a) The defendant had control over the premises, residence, or other real property.

(b) The defendant knew that a minor was consuming or in possession of an alcoholic beverage or knew that an individual was consuming or in possession of a controlled substance at a social gathering on or within that premises, residence, or other real property.

(c) The defendant failed to take corrective action.

(7) This section does not authorize selling or furnishing an alcoholic beverage to a minor.

(8) A criminal penalty provided for under this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct.


History: Add. 1994, Act 31, Eff. June 1, 1994
Compiler's Notes: Former MCL 750.141a, which pertained to furnishing alcoholic beverage to minors without prescription, was repealed by Act 531 of 1978, Eff. Dec. 23, 1978.


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750.141b Repealed. 1963, Act 162, Eff. Sept. 6, 1963.


Compiler's Notes: The repealed section provided for form, issuance, and use of liquor purchase identification cards by persons between ages of 21 and 25; imposed penalty for misuse or falsification.


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750.141c, 750.141d Repealed. 1978, Act 531, Eff. Dec. 23, 1978.


Compiler's Notes: The repealed sections pertained to false representation or information as to age for purpose of purchasing alcoholic liquor.


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750.142 Furnishing obscene publications or criminal news to minors.

Sec. 142.

A person who sells, gives away or in any way furnishes to a person under the age of 18 years a book, pamphlet, or other printed paper or other thing, containing obscene language, or obscene prints, pictures, figures or descriptions tending to corrupt the morals of youth, or any newspapers, pamphlets or other printed paper devoted to the publication of criminal news, police reports, or criminal deeds, and a person who shall in any manner hire, use or employ a person under the age of 18 years to sell, give away, or in any manner distribute such books, pamphlets or printed papers, and any person having the care, custody or control of a person under the age of 18 years, who permits him or her to engage in any such employment, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.142 ;-- Am. 1972, Act 14, Imd. Eff. Feb. 19, 1972
Former Law: See section 5 of Act 260 of 1881, being How., § 2002; CL 1897, § 5557; CL 1915, § 7226; and CL 1929, § 12802.


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750.143 Children; exhibition of obscene matter.

Sec. 143.

Exhibition of obscene matter within view of children—Any person who shall exhibit upon any public street or highway, or in any other place within the view of children passing on any public street or highway, any book, pamphlet or other printed paper or thing containing obscene language or obscene prints, figures, or descriptions, tending to the corruption of the morals of youth, or any newspapers, pamphlets, or other printed paper or thing devoted to the publication of criminal news, police reports or criminal deeds, shall on conviction thereof be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.143
Former Law: See section 6 of Act 260 of 1881, being How., § 2003; CL 1897, § 5558; CL 1915, § 7227; and CL 1929, § 12803.


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750.143a Information about rating system; posting sign by video game retailer required; violation; fine; definitions.

Sec. 143a.

(1) A video game retailer shall post a sign in a prominent area within the video game retailer's retail establishment that provides information about a rating system or notifies consumers that a rating system is available to aid in the selection of a game and shall make information that explains the video game rating system available to consumers on request.

(2) A video game retailer that violates this section is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $1,000.00.

(3) As used in this section:

(a) "Rating system" means any video game rating system shown on the exterior packaging of a video game when it is sold or rented.

(b) "Video game" means an object or device that stores recorded data or instructions generated by a person who uses it, and by processing the data or instructions creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, game console, or other technology.

(c) "Video game retailer" means a person that sells or rents video games to the public.


History: Add. 2005, Act 105, Eff. Dec. 1, 2005


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750.144 Minor; boarding houses, licensing.

Sec. 144.

Licensed boarding homes for children—Any person who maintains a boarding home for children, unless licensed therefor by the state welfare commission, shall be guilty of a misdemeanor.

Any person who has in his custody or control for a longer period than 30 days, 1 or more children under the age of 15 years unattended by a parent or guardian, except children related to him by blood or marriage, for the purpose of providing such child or children with care, food and lodging, shall be deemed to maintain a boarding home for children: Provided, That nothing in this section shall be construed to apply to the legal guardian of the child.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.144
Former Law: See section 6 of Act 136 of 1919, being CL 1929, § 12874.


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750.145 Minor; contributing to neglect or delinquency.

Sec. 145.

Contributing to neglect or delinquency of children—Any person who shall by any act, or by any word, encourage, contribute toward, cause or tend to cause any minor child under the age of 17 years to become neglected or delinquent so as to come or tend to come under the jurisdiction of the juvenile division of the probate court, as defined in section 2 of chapter 12a of Act No. 288 of the Public Acts of 1939, as added by Act No. 54 of the Public Acts of the First Extra Session of 1944, and any amendments thereto, whether or not such child shall in fact be adjudicated a ward of the probate court, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1939, Act 88, Eff. Sept. 29, 1939 ;-- Am. 1945, Act 85, Eff. Sept. 6, 1945 ;-- CL 1948, 750.145
Compiler's Notes: For provisions of section 2, referred to in this section, see MCL 712A.2.
Former Law: See section 2 of Chapter XXX of Part II of Act 319 of 1927, being CL 1929, § 7630; and section 13 of Chapter XXXVI of Part II of Act 319 of 1927, being CL 1929, § 7696.


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750.145a Accosting, enticing or soliciting child for immoral purpose.

Sec. 145a.

A person who accosts, entices, or solicits a child less than 16 years of age, regardless of whether the person knows the individual is a child or knows the actual age of the child, or an individual whom he or she believes is a child less than 16 years of age with the intent to induce or force that child or individual to commit an immoral act, to submit to an act of sexual intercourse or an act of gross indecency, or to any other act of depravity or delinquency, or who encourages a child less than 16 years of age, regardless of whether the person knows the individual is a child or knows the actual age of the child, or an individual whom he or she believes is a child less than 16 years of age to engage in any of those acts is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $4,000.00, or both.


History: Add. 1935, Act 174, Eff. Sept. 21, 1935 ;-- Am. 1939, Act 88, Eff. Sept. 29, 1939 ;-- CL 1948, 750.145a ;-- Am. 2002, Act 45, Eff. June 1, 2002


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750.145b Accosting, enticing or soliciting child for immoral purpose; prior conviction; penalty.

Sec. 145b.

(1) A person convicted of violating section 145a who has 1 or more prior convictions is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both.

(2) 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.

(3) As used in this section, “prior conviction” means a violation of section 145a or a violation of a law of another state substantially corresponding to section 145a.


History: Add. 1935, Act 174, Eff. Sept. 21, 1935 ;-- Am. 1939, Act 88, Eff. Sept. 29, 1939 ;-- CL 1948, 750.145b ;-- Am. 2002, Act 45, Eff. June 1, 2002


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750.145c Definitions; child sexually abusive activity or material; penalties; possession of child sexually abusive material; expert testimony; defenses; acts of commercial film or photographic print processor; report to law enforcement agency by computer technician; reasonable availability of evidence to defendant; applicability and uniformity of section; enactment or enforcement of ordinance, rule, or regulation prohibited.

Sec. 145c.

(1) As used in this section:

(a) "Access" means to intentionally cause to be viewed by or transmitted to a person.

(b) "Appears to include a child" means that the depiction appears to include, or conveys the impression that it includes, a person who is less than 18 years of age, and the depiction meets either of the following conditions:

(i) It was created using a depiction of any part of an actual person under the age of 18.

(ii) It was not created using a depiction of any part of an actual person under the age of 18, but all of the following apply to that depiction:

(A) The average individual, applying contemporary community standards, would find the depiction, taken as a whole, appeals to the prurient interest.

(B) The reasonable person would find the depiction, taken as a whole, lacks serious literary, artistic, political, or scientific value.

(C) The depiction depicts or describes a listed sexual act in a patently offensive way.

(c) "Child" means a person who is less than 18 years of age, subject to the affirmative defense created in subsection (6) regarding persons emancipated by operation of law.

(d) "Commercial film or photographic print processor" means a person or his or her employee who, for compensation, develops exposed photographic film into movie films, negatives, slides, or prints; makes prints from negatives or slides; or duplicates movie films or videotapes.

(e) "Computer technician" means a person who installs, maintains, troubleshoots, upgrades, or repairs computer hardware, software, personal computer networks, or peripheral equipment.

(f) "Contemporary community standards" means the customary limits of candor and decency in this state at or near the time of the alleged violation of this section.

(g) "Erotic fondling" means touching a person's clothed or unclothed genitals, pubic area, buttocks, or, if the person is female, breasts, or if the person is a child, the developing or undeveloped breast area, for the purpose of real or simulated overt sexual gratification or stimulation of 1 or more of the persons involved. Erotic fondling does not include physical contact, even if affectionate, that is not for the purpose of real or simulated overt sexual gratification or stimulation of 1 or more of the persons involved.

(h) "Erotic nudity" means the lascivious exhibition of the genital, pubic, or rectal area of any person. As used in this subdivision, "lascivious" means wanton, lewd, and lustful and tending to produce voluptuous or lewd emotions.

(i) "Listed sexual act" means sexual intercourse, erotic fondling, sadomasochistic abuse, masturbation, passive sexual involvement, sexual excitement, or erotic nudity.

(j) "Make" means to bring into existence by copying, shaping, changing, or combining material, and specifically includes, but is not limited to, intentionally creating a reproduction, copy, or print of child sexually abusive material, in whole or part. Make does not include the creation of an identical reproduction or copy of child sexually abusive material within the same digital storage device or the same piece of digital storage media.

(k) "Masturbation" means the real or simulated touching, rubbing, or otherwise stimulating of a person's own clothed or unclothed genitals, pubic area, buttocks, or, if the person is female, breasts, or if the person is a child, the developing or undeveloped breast area, either by manual manipulation or self-induced or with an artificial instrument, for the purpose of real or simulated overt sexual gratification or arousal of the person.

(l) "Passive sexual involvement" means an act, real or simulated, that exposes another person to or draws another person's attention to an act of sexual intercourse, erotic fondling, sadomasochistic abuse, masturbation, sexual excitement, or erotic nudity because of viewing any of these acts or because of the proximity of the act to that person, for the purpose of real or simulated overt sexual gratification or stimulation of 1 or more of the persons involved.

(m) "Prurient interest" means a shameful or morbid interest in nudity, sex, or excretion.

(n) "Child sexually abusive activity" means a child engaging in a listed sexual act.

(o) "Child sexually abusive material" means any depiction, whether made or produced by electronic, mechanical, or other means, including a developed or undeveloped photograph, picture, film, slide, video, electronic visual image, computer diskette, computer or computer-generated image, or picture, or sound recording which is of a child or appears to include a child engaging in a listed sexual act; a book, magazine, computer, computer storage device, or other visual or print or printable medium containing such a photograph, picture, film, slide, video, electronic visual image, computer, or computer-generated image, or picture, or sound recording; or any reproduction, copy, or print of such a photograph, picture, film, slide, video, electronic visual image, book, magazine, computer, or computer-generated image, or picture, other visual or print or printable medium, or sound recording.

(p) "Sadomasochistic abuse" means either of the following:

(i) Flagellation or torture, real or simulated, for the purpose of real or simulated sexual stimulation or gratification, by or upon a person.

(ii) The condition, real or simulated, of being fettered, bound, or otherwise physically restrained for sexual stimulation or gratification of a person.

(q) "Sexual excitement" means the condition, real or simulated, of human male or female genitals in a state of real or simulated overt sexual stimulation or arousal.

(r) "Sexual intercourse" means intercourse, real or simulated, whether genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between a human and an animal, or with an artificial genital.

(2) A person who persuades, induces, entices, coerces, causes, or knowingly allows a child to engage in a child sexually abusive activity for the purpose of producing any child sexually abusive material, or a person who arranges for, produces, makes, copies, reproduces, or finances, or a person who attempts or prepares or conspires to arrange for, produce, make, copy, reproduce, or finance any child sexually abusive activity or child sexually abusive material for personal, distributional, or other purposes is guilty of a felony, punishable by imprisonment for not more than 20 years, or a fine of not more than $100,000.00, or both, if that person knows, has reason to know, or should reasonably be expected to know that the child is a child or that the child sexually abusive material includes a child or that the depiction constituting the child sexually abusive material appears to include a child, or that person has not taken reasonable precautions to determine the age of the child.

(3) A person who distributes or promotes, or finances the distribution or promotion of, or receives for the purpose of distributing or promoting, or conspires, attempts, or prepares to distribute, receive, finance, or promote any child sexually abusive material or child sexually abusive activity is guilty of a felony, punishable by imprisonment for not more than 7 years, or a fine of not more than $50,000.00, or both, if that person knows, has reason to know, or should reasonably be expected to know that the child is a child or that the child sexually abusive material includes a child or that the depiction constituting the child sexually abusive material appears to include a child, or that person has not taken reasonable precautions to determine the age of the child. This subsection does not apply to the persons described in section 7 of 1984 PA 343, MCL 752.367.

(4) A person who knowingly possesses or knowingly seeks and accesses any child sexually abusive material is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $10,000.00, or both, if that person knows, has reason to know, or should reasonably be expected to know the child is a child or that the child sexually abusive material includes a child or that the depiction constituting the child sexually abusive material appears to include a child, or that person has not taken reasonable precautions to determine the age of the child. This subsection does not apply to any of the following:

(a) A person described in section 7 of 1984 PA 343, MCL 752.367, a commercial film or photographic print processor acting under subsection (8), or a computer technician acting under subsection (9).

(b) A police officer acting within the scope of his or her duties as a police officer.

(c) An employee or contract agent of the department of social services acting within the scope of his or her duties as an employee or contract agent.

(d) A judicial officer or judicial employee acting within the scope of his or her duties as a judicial officer or judicial employee.

(e) A party or witness in a criminal or civil proceeding acting within the scope of that criminal or civil proceeding.

(f) A physician, psychologist, limited license psychologist, professional counselor, or registered nurse licensed under the public health code, 1978 PA 368, MCL 333.1101 to 333.25211, acting within the scope of practice for which he or she is licensed.

(g) A social worker registered in this state under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, acting within the scope of practice for which he or she is registered.

(5) Expert testimony as to the age of the child used in a child sexually abusive material or a child sexually abusive activity is admissible as evidence in court and may be a legitimate basis for determining age, if age is not otherwise proven.

(6) It is an affirmative defense to a prosecution under this section that the alleged child is a person who is emancipated by operation of law under section 4(2) of 1968 PA 293, MCL 722.4, as proven by a preponderance of the evidence.

(7) If a defendant in a prosecution under this section proposes to offer in his or her defense evidence to establish that a depiction that appears to include a child was not, in fact, created using a depiction of any part of an actual person under the age of 18, the defendant shall at the time of the arraignment on the information or within 15 days after arraignment but not less than 10 days before the trial of the case, or at such other time as the court directs, file and serve upon the prosecuting attorney of record a notice in writing of his or her intention to offer that defense. The notice shall contain, as particularly as is known to the defendant or the defendant's attorney, the names of witnesses to be called in behalf of the defendant to establish that defense. The defendant's notice shall include specific information as to the facts that establish that the depiction was not, in fact, created using a depiction of any part of an actual person under the age of 18. Failure to file a timely notice in conformance with this subsection precludes a defendant from offering this defense.

(8) If a commercial film or photographic print processor reports to a law enforcement agency having jurisdiction his or her knowledge or observation, within the scope of his or her professional capacity or employment, of a film, photograph, movie film, videotape, negative, or slide depicting a person that the processor has reason to know or reason to believe is a child engaged in a listed sexual act; furnishes a copy of the film, photograph, movie film, videotape, negative, or slide to a law enforcement agency having jurisdiction; or keeps the film, photograph, movie film, videotape, negative, or slide according to the law enforcement agency's instructions, both of the following shall apply:

(a) The identity of the processor shall be confidential, subject to disclosure only with his or her consent or by judicial process.

(b) If the processor acted in good faith, he or she shall be immune from civil liability that might otherwise be incurred by his or her actions. This immunity extends only to acts described in this subsection.

(9) If a computer technician reports to a law enforcement agency having jurisdiction his or her knowledge or observation, within the scope of his or her professional capacity or employment, of an electronic visual image, computer-generated image or picture or sound recording depicting a person that the computer technician has reason to know or reason to believe is a child engaged in a listed sexual act; furnishes a copy of that image, picture, or sound recording to the law enforcement agency; or keeps the image, picture, or sound recording according to the law enforcement agency's instructions, both of the following apply:

(a) The identity of the computer technician shall be confidential, subject to disclosure only with his or her consent or by judicial process.

(b) If the computer technician acted in good faith, he or she is immune from civil liability that might otherwise be incurred by his or her actions. This immunity extends only to acts described in this subsection.

(10) In any criminal proceeding regarding an alleged violation or attempted violation of this section, the court shall deny any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any photographic or other pictorial evidence of a child engaging in a listed sexual act if the prosecuting attorney makes that evidence reasonably available to the defendant. Evidence is considered to be reasonably available to the defendant under this subsection if the prosecuting attorney provides an opportunity to the defendant and his or her attorney, and any person the defendant may seek to qualify as an expert witness at trial, to inspect, view, and examine that evidence at a facility approved by the prosecuting attorney.

(11) This section applies uniformly throughout the state and all political subdivisions and municipalities in the state.

(12) A local municipality or political subdivision shall not enact any ordinance or enforce any existing ordinance, rule, or regulation governing child sexually abusive activity or child sexually abusive material as defined by this section.


History: Add. 1977, Act 301, Eff. Mar. 30, 1978 ;-- Am. 1988, Act 110, Eff. June 1, 1988 ;-- Am. 1994, Act 444, Eff. Apr. 1, 1995 ;-- Am. 2002, Act 629, Eff. Mar. 31, 2003 ;-- Am. 2004, Act 478, Imd. Eff. Dec. 28, 2004 ;-- Am. 2012, Act 583, Eff. Mar. 1, 2013
Compiler's Notes: Subdivisions (n) and (o) are evidently out of alphabetical order.


© 2017 Legislative Council, State of Michigan


750.145d Use of internet or computer system; prohibited conduct; violation; penalty; jurisdiction; order to reimburse state or local governmental unit; definitions.

Sec. 145d.

(1) A person shall not use the internet or a computer, computer program, computer network, or computer system to communicate with any person for the purpose of doing any of the following:

(a) Committing, attempting to commit, conspiring to commit, or soliciting another person to commit conduct proscribed under section 145a, 145c, 157c, 349, 350, 520b, 520c, 520d, 520e, or 520g, or section 5 of 1978 PA 33, MCL 722.675, in which the victim or intended victim is a minor or is believed by that person to be a minor.

(b) Committing, attempting to commit, conspiring to commit, or soliciting another person to commit conduct proscribed under section 411h or 411i.

(c) Committing, attempting to commit, conspiring to commit, or soliciting another person to commit conduct proscribed under chapter XXXIII or section 327, 327a, 328, or 411a(2).

(2) A person who violates this section is guilty of a crime as follows:

(a) If the underlying crime is a misdemeanor or a felony with a maximum term of imprisonment of less than 1 year, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $5,000.00, or both.

(b) If the underlying crime is a misdemeanor or a felony with a maximum term of imprisonment of 1 year or more but less than 2 years, the person is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $5,000.00, or both.

(c) If the underlying crime is a misdemeanor or a felony with a maximum term of imprisonment of 2 years or more but less than 4 years, the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.

(d) If the underlying crime is a felony with a maximum term of imprisonment of 4 years or more but less than 10 years, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both.

(e) If the underlying crime is a felony punishable by a maximum term of imprisonment of 10 years or more but less than 15 years, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.

(f) If the underlying crime is a felony punishable by a maximum term of imprisonment of 15 years or more or for life, the person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both.

(3) The court may order that a term of imprisonment imposed under this section be served consecutively to any term of imprisonment imposed for conviction of the underlying offense.

(4) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law committed by that person while violating or attempting to violate this section, including the underlying offense.

(5) This section applies regardless of whether the person is convicted of committing, attempting to commit, conspiring to commit, or soliciting another person to commit the underlying offense.

(6) A violation or attempted violation of this section occurs if the communication originates in this state, is intended to terminate in this state, or is intended to terminate with a person who is in this state.

(7) A violation or attempted violation of this section may be prosecuted in any jurisdiction in which the communication originated or terminated.

(8) The court may order a person convicted of violating this section to reimburse this state or a local unit of government of this state for expenses incurred in relation to the violation in the same manner that expenses may be ordered to be reimbursed under section 1f of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.1f.

(9) As used in this section:

(a) "Computer" means any connected, directly interoperable or interactive device, equipment, or facility that uses a computer program or other instructions to perform specific operations including logical, arithmetic, or memory functions with or on computer data or a computer program and that can store, retrieve, alter, or communicate the results of the operations to a person, computer program, computer, computer system, or computer network. Computer includes a computer game device or a cellular telephone, personal digital assistant (PDA), or other handheld device.

(b) "Computer network" means the interconnection of hardwire or wireless communication lines with a computer through remote terminals, or a complex consisting of 2 or more interconnected computers.

(c) "Computer program" means a series of internal or external instructions communicated in a form acceptable to a computer that directs the functioning of a computer, computer system, or computer network in a manner designed to provide or produce products or results from the computer, computer system, or computer network.

(d) "Computer system" means a set of related, connected or unconnected, computer equipment, devices, software, or hardware.

(e) "Device" includes, but is not limited to, an electronic, magnetic, electrochemical, biochemical, hydraulic, optical, or organic object that performs input, output, or storage functions by the manipulation of electronic, magnetic, or other impulses.

(f) "Internet" means that term as defined in section 230 of the communications act of 1934, 47 USC 230.

(g) "Minor" means an individual who is less than 18 years of age.


History: Add. 1999, Act 32, Eff. Aug. 1, 1999 ;-- Am. 1999, Act 235, Eff. Mar. 10, 2000 ;-- Am. 2000, Act 185, Eff. Sept. 18, 2000 ;-- Am. 2012, Act 353, Eff. Jan. 1, 2013


© 2017 Legislative Council, State of Michigan


750.145e Dissemination of sexually explicit visual material of another person; prohibition; exceptions; other violations of law; violation; penalty; definitions.

Sec. 145e.

(1) A person shall not intentionally and with the intent to threaten, coerce, or intimidate disseminate any sexually explicit visual material of another person if all of the following conditions apply:

(a) The other person is not less than 18 years of age.

(b) The other person is identifiable from the sexually explicit visual material itself or information displayed in connection with the sexually explicit visual material. This subdivision does not apply if the identifying information is supplied by a person other than the disseminator.

(c) The person obtains the sexually explicit visual material of the other person under circumstances in which a reasonable person would know or understand that the sexually explicit visual material was to remain private.

(d) The person knows or reasonably should know that the other person did not consent to the dissemination of the sexually explicit visual material.

(2) Subsection (1) does not apply to any of the following:

(a) To the extent content is provided by another person, a person engaged in providing:

(i) An interactive computer service as that term is defined in 47 USC 230;

(ii) An information service, telecommunications service, or cable service as those terms are defined in 47 USC 153;

(iii) A commercial mobile service as defined in 47 USC 332;

(iv) A direct-to-home satellite service as defined in 47 USC 303(v); or

(v) A video service as defined in 2006 PA 480, MCL 484.3301 to 484.3315.

(b) A person who disseminates sexually explicit visual material that is part of a news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.

(c) A law enforcement officer, or a corrections officer or guard in a correctional facility or jail, who is engaged in the official performance of his or her duties.

(d) A person disseminating sexually explicit visual material in the reporting of a crime.

(3) This section does not prohibit a person from being charged with, convicted of, or punished for another violation of law committed by that person while violating or attempting to violate this section.

(4) A person who violates subsection (1) is guilty of a crime and punishable as provided in section 145f.

(5) As used in this section:

(a) "Disseminate" means post, distribute, or publish on a computer device, computer network, website, or other electronic device or medium of communication.

(b) "Nudity" means displaying a person's genitalia or anus or, if the person is a female, her nipples or areola.

(c) "Sexually explicit visual material" means a photograph or video that depicts nudity, erotic fondling, sexual intercourse, or sadomasochistic abuse.


History: Add. 2016, Act 89, Eff. July 25, 2016


© 2017 Legislative Council, State of Michigan


750.145f Violation of MCL 750.145e; penalty.

Sec. 145f.

A person who violates section 145e is guilty of a crime punishable as follows:

(a) Except as provided in subdivision (b), 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 both.

(b) For a second or subsequent violation of section 145e, the person 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.


History: Add. 2016, Act 90, Eff. July 25, 2016


© 2017 Legislative Council, State of Michigan
Chapter XXA
VULNERABLE ADULTS


750.145m Definitions.

Sec. 145m.

As used in this chapter:

(a) “Adult foster care facility” means that term as defined in section 3 of the adult foster care facility licensing act, MCL 400.703.

(b) “Adult foster care facility licensing act” means 1979 PA 218, MCL 400.701 to 400.737.

(c) “Caregiver” means an individual who directly cares for or has physical custody of a vulnerable adult.

(d) “Developmental disability” means that term as defined in section 500 of the mental health code, MCL 330.1500.

(e) “Facility” means an adult foster care facility, a home for the aged, or a nursing home.

(f) “Home for the aged” means that term as defined in section 20106 of the public health code, MCL 333.20106.

(g) “Licensee” means that term as defined in section 5 of the adult foster care facility licensing act, MCL 400.705, or as defined in section 20108 of the public health code, MCL 333.20108. Licensee does not include a hospital, as that term is defined in section 20106 of the public health code, MCL 333.20106, except that part of a hospital that is a hospital long-term care unit, as that term is defined in section 20106 of the public health code, MCL 333.20106.

(h) “Mental health code” means 1974 PA 258, MCL 330.1001 to 330.2106.

(i) “Mental illness” means that term as defined in section 400 of the mental health code, MCL 330.1400.

(j) “Nursing home” means that term as defined in section 20109 of the public health code, MCL 333.20109 and a hospital long-term care unit as defined in section 20106 of the public health code, MCL 333.20106.

(k) “Other person with authority over a vulnerable adult” includes, but is not limited to, a person with authority over a vulnerable adult in that part of a hospital that is a hospital long-term care unit, but does not include a person with authority over a vulnerable adult in that part of a hospital that is not a hospital long-term care unit. As used in this subdivision, “hospital” and “hospital long-term care unit” mean those terms as defined in section 20106 of the public health code, MCL 333.20106.

(l) “Part 213, 215, or 217 of the public health code” means MCL 333.21301 to 333.21333, 333.21501 to 333.21568, and 333.21701 to 333.21799e.

(m) “Personal care” means assistance with eating, dressing, personal hygiene, grooming, or maintenance of a medication schedule as directed and supervised by a vulnerable adult's physician.

(n) “Physical harm” means any injury to a vulnerable adult's physical condition.

(o) “Public health code” means 1978 PA 368, MCL 333.1101 to 333.25211.

(p) “Reckless act or reckless failure to act” means conduct that demonstrates a deliberate disregard of the likelihood that the natural tendency of the act or failure to act is to cause physical harm, serious physical harm, or serious mental harm.

(q) “Resident” means an individual who resides in a facility.

(r) “Serious physical harm” means a physical injury that threatens the life of a vulnerable adult, that causes substantial bodily disfigurement, or that seriously impairs the functioning or well-being of the vulnerable adult.

(s) “Serious mental harm” means a mental injury that results in a substantial alteration of mental functioning that is manifested in a visibly demonstrable manner.

(t) “Social welfare act” means 1939 PA 280, MCL 400.1 to 400.119b.

(u) “Vulnerable adult” means 1 or more of the following:

(i) An individual age 18 or over who, because of age, developmental disability, mental illness, or physical disability requires supervision or personal care or lacks the personal and social skills required to live independently.

(ii) An adult as defined in section 3(1)(b) of the adult foster care facility licensing act, MCL 400.703.

(iii) An adult as defined in section 11(b) of the social welfare act, MCL 400.11.


History: Add. 1994, Act 149, Eff. Oct. 1, 1994 ;-- Am. 1998, Act 38, Imd. Eff. Mar. 18, 1998


© 2017 Legislative Council, State of Michigan


750.145n Vulnerable adult abuse; first degree; second degree; third degree; fourth degree; authority to prevent vulnerable adult from being harmed or harming others not prohibited; applicability of section to act carried out by patient advocate.

Sec. 145n.

(1) A caregiver is guilty of vulnerable adult abuse in the first degree if the caregiver intentionally causes serious physical harm or serious mental harm to a vulnerable adult. Vulnerable adult abuse in the first degree is a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.

(2) A caregiver or other person with authority over the vulnerable adult is guilty of vulnerable adult abuse in the second degree if the reckless act or reckless failure to act of the caregiver or other person with authority over the vulnerable adult causes serious physical harm or serious mental harm to a vulnerable adult. Vulnerable adult abuse in the second degree is a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.

(3) A caregiver is guilty of vulnerable adult abuse in the third degree if the caregiver intentionally causes physical harm to a vulnerable adult. Vulnerable adult abuse in the third degree is a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,500.00, or both.

(4) A caregiver or other person with authority over the vulnerable adult is guilty of vulnerable adult abuse in the fourth degree if the reckless act or reckless failure to act of the caregiver or other person with authority over a vulnerable adult causes physical harm to the vulnerable adult or the caregiver or other person with authority over the vulnerable adult knowingly or intentionally commits an act that under the circumstances poses an unreasonable risk of harm or injury to a vulnerable adult, regardless of whether physical harm results. Vulnerable adult abuse in the fourth degree is a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

(5) This section does not prohibit a caregiver or other person with authority over a vulnerable adult from taking reasonable action to prevent a vulnerable adult from being harmed or from harming others.

(6) This section does not apply to an act or failure to act that is carried out as directed by a patient advocate under a patient advocate designation executed in accordance with sections 5506 to 5515 of the estates and protected individuals code, 1998 PA 386, MCL 700.5506 to 700.5515.


History: Add. 1994, Act 149, Eff. Oct. 1, 1994 ;-- Am. 2000, Act 66, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 559, Imd. Eff. Jan. 3, 2005 ;-- Am. 2016, Act 480, Eff. Apr. 6, 2017


© 2017 Legislative Council, State of Michigan


750.145o Violation of act by operator or employee of unlicensed facility; violation as felony; penalty.

Sec. 145o.

An operator of an unlicensed facility that is subject to licensure, or an employee or an individual acting on behalf of an unlicensed facility that is subject to licensure, who violates the adult foster care facility licensing act or part 213, 215, or 217 of the public health code or rules promulgated pursuant to the adult foster care facility licensing act or part 213, 215, or 217 of the public health code and whose violation is a proximate cause of the death of a vulnerable adult is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $75,000.00, or both.


History: Add. 1994, Act 149, Eff. Oct. 1, 1994


© 2017 Legislative Council, State of Michigan


750.145p Caregiver, other person with authority over vulnerable adult, or licensee; certain conduct as misdemeanor; penalty; certain disciplinary action not precluded by subsection (3); certain conduct as felony; penalty.

Sec. 145p.

(1) A caregiver, other person with authority over a vulnerable adult, or a licensee who intentionally does 1 or more of the following is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $25,000.00, or both:

(a) Commingles, borrows, or pledges funds of a resident that are required by law or administrative rule to be held in a separate trust account.

(b) Interferes with or obstructs an investigation under the adult foster care facility licensing act, part 213, 215, or 217 of the public health code, or section 11b of the social welfare act, being section 400.11b of the Michigan Compiled Laws.

(c) Files information required by the adult foster care facility licensing act or part 213, 215, or 217 of the public health code that is false or misleading.

(2) A caregiver, other person with authority over a vulnerable adult, or a licensee who intentionally retaliates or discriminates against a resident because the resident does 1 or more of the following is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $25,000.00, or both:

(a) Provides information to a state or local official enforcing the adult foster care facility licensing act or part 213, 215, or 217 of the public health code.

(b) Makes a complaint against a facility.

(c) Initiates, participates in, or testifies in an administrative or criminal action against a facility or a civil suit related to the criminal action.

(3) A caregiver, other person with authority over a vulnerable adult, or a licensee who intentionally retaliates or discriminates against an employee because the employee does 1 or more of the following is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $10,000.00, or both:

(a) Provides information to a state or local official enforcing the adult foster care facility licensing act or part 213, 215, or 217 of the public health code.

(b) Makes a complaint against a facility.

(c) Initiates, participates in, or testifies in an administrative or criminal action against a facility or a civil suit related to the criminal action.

(4) Subsection (3) does not preclude an employer from taking reasonable and appropriate disciplinary action against an employee.

(5) A caregiver, other person with authority over a vulnerable adult, or a licensee who has been convicted of violating this section who commits a second or subsequent violation of this section is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $75,000.00, or both.


History: Add. 1994, Act 149, Eff. Oct. 1, 1994


© 2017 Legislative Council, State of Michigan


750.145q Violation of other applicable laws.

Sec. 145q.

A conviction or sentence imposed for a violation of this chapter does not preclude a conviction or sentence for a violation of any other applicable law.


History: Add. 1994, Act 149, Eff. Oct. 1, 1994


© 2017 Legislative Council, State of Michigan


750.145r Sentence to perform community service.

Sec. 145r.

(1) In addition to or as an alternative to imposing a term of imprisonment under this chapter, the court may sentence the person to perform community service as follows:

(a) If the person is convicted of a felony, community service for not more than 160 days.

(b) If the person is convicted of a misdemeanor, community service for not more than 80 days.

(2) For purposes of this section, community service shall not include activities involving interaction with or care of vulnerable adults.

(3) A person sentenced to perform community service under this section shall not receive compensation, and shall reimburse the state or appropriate local unit of government for the cost of supervision incurred by the state or local unit of government as a result of the person's activities in that community service.


History: Add. 1994, Act 149, Eff. Oct. 1, 1994


© 2017 Legislative Council, State of Michigan
Chapter XXI
CIVIL RIGHTS


750.146 Right to equal public accommodations; separation of facilities according to sex.

Sec. 146.

All persons within the jurisdiction of this state shall be entitled to full and equal accommodations, advantages, facilities and privileges of inns, hotels, motels, government housing, restaurants, eating houses, barber shops, billiard parlors, stores, public conveyances on land and water, theatres, motion picture houses, public educational institutions, in elevators, on escalators, in all methods of air transportation and all other places of public accommodation, amusement, and recreation, subject only to the conditions and limitations established by law and applicable alike to all citizens and to all citizens alike, with uniform prices. Rooming facilities at educational, religious, charitable or nonprofit institutions or organizations, and restrooms and locker room facilities in places of public accommodation may be separated according to sex.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1937, Act 117, Eff. Oct. 29, 1937 ;-- CL 1948, 750.146 ;-- Am. 1952, Act 101, Eff. Sept. 18, 1952 ;-- Am. 1956, Act 182, Eff. Aug. 11, 1956 ;-- Am. 1972, Act 116, Imd. Eff. Apr. 18, 1972
Former Law: See section 1 of Act 130 of 1885, being How., § 9074a; CL 1897, § 11759; CL 1915, § 15570; CL 1929, § 16809; and Act 375 of 1919.


© 2017 Legislative Council, State of Michigan


750.147 Denial of equal public accommodations.

Sec. 147.

Any person being an owner, lessee, proprietor, manager, superintendent, agent or employee of any such place who shall directly or indirectly refuse, withhold from or deny to any person any of the accommodations, advantages, facilities and privileges thereof or directly or indirectly publish, circulate, issue, display, post or mail any written or printed communications, notice or advertisement to the effect that any of the accommodations, advantages, facilities and privileges of any such places shall be refused, withheld from or denied to any person on account of race, color, religion, national origin, sex or blindness or that any particular race, color, religion, national origin, sex or blindness is not welcome, objectionable or not acceptable, not desired or solicited, shall for every such offense be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than $100.00 or imprisoned for not less than 15 days or both such fine and imprisonment in the discretion of the court; and every person being an owner, lessee, proprietor, manager, superintendent, agent or employee of any such place, and who violates any of the provisions of this section, shall be liable to the injured party, in treble damages sustained, to be recovered in a civil action: Provided, however, That any right of action under this section shall be unassignable. In the event that any person violating this section is operating by virtue of a license issued by the state, or any municipal authority, the court, in addition to the penalty prescribed above, may suspend or revoke such license.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1937, Act 117, Eff. Oct. 29, 1937 ;-- CL 1948, 750.147 ;-- Am. 1956, Act 182, Eff. Aug. 11, 1956 ;-- Am. 1972, Act 116, Imd. Eff. Apr. 18, 1972
Former Law: See section 2 of Act 130 of 1885, being How., § 9074b; CL 1897, § 11760; CL 1915, § 15571; CL 1929, § 16810; and Act 375 of 1919.


© 2017 Legislative Council, State of Michigan


750.147a Discrimination in extending credit, granting loan, or rating person's creditworthiness; violation; penalty; civil liability.

Sec. 147a.

(1) A person shall not discriminate in extending credit or granting a loan on the basis of race, color, religion, national origin, marital status, sex, or physical disability unless both the following apply:

(a) The person is a nonprofit corporation whose members share 1 of the following:

(i) The same racial, religious, ethnic, marital, or sexual characteristic.

(ii) The same physical disability.

(iii) A blend of the characteristics described in subparagraphs (i) and (ii).

(b) The person extends credit or grants a loan only to its members.

(2) A person shall not discriminate in the rating of a person's creditworthiness on the basis of race, color, religion, national origin, marital status, sex, or physical disability.

(3) A person who violates the provisions of subsection (1) or (2) is guilty of a misdemeanor punishable by a fine of not more than $1,000.00.

(4) A person who violates the provisions of subsection (1) or (2) is liable in a civil action to the injured party for the amount of $200.00 or for damages, whichever is greater. Actions brought pursuant to rule 3.501 of the Michigan court rules are limited to those damages provided in this subsection. The prevailing party in the civil action shall be entitled to recover court costs and reasonable attorney fees. The right of action under this subsection is unassignable.


History: Add. 1974, Act 246, Imd. Eff. Aug. 1, 1974 ;-- Am. 1998, Act 38, Imd. Eff. Mar. 18, 1998


© 2017 Legislative Council, State of Michigan


750.147b Ethnic intimidation.

Sec. 147b.

(1) A person is guilty of ethnic intimidation if that person maliciously, and with specific intent to intimidate or harass another person because of that person's race, color, religion, gender, or national origin, does any of the following:

(a) Causes physical contact with another person.

(b) Damages, destroys, or defaces any real or personal property of another person.

(c) Threatens, by word or act, to do an act described in subdivision (a) or (b), if there is reasonable cause to believe that an act described in subdivision (a) or (b) will occur.

(2) Ethnic intimidation is a felony punishable by imprisonment for not more than 2 years, or by a fine of not more than $5,000.00, or both.

(3) Regardless of the existence or outcome of any criminal prosecution, a person who suffers injury to his or her person or damage to his or her property as a result of ethnic intimidation may bring a civil cause of action against the person who commits the offense to secure an injunction, actual damages, including damages for emotional distress, or other appropriate relief. A plaintiff who prevails in a civil action brought pursuant to this section may recover both of the following:

(a) Damages in the amount of 3 times the actual damages described in this subsection or $2,000.00, whichever is greater.

(b) Reasonable attorney fees and costs.


History: Add. 1988, Act 371, Eff. Mar. 30, 1989
Popular Name: Ethnic Intimidation
Popular Name: Hate Crimes


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750.148 Civil rights; race or color not to disqualify for jury service.

Sec. 148.

Race or color not to disqualify for jury service. No citizen of the state of Michigan, possessing all other qualifications which are or may be prescribed by law, shall be disqualified to serve as grand or petit juror in any court of said state on account of race, creed or color, and any officer or other person charged with any duty in the drawing, summoning, and selection of persons who shall exclude from, fail, neglect and/or refuse, by words, trick and/or artifice, to draw the name of, summon and/or select any citizen for jury service because of his or her race, creed and/or color, shall be guilty of a misdemeanor and upon conviction shall be fined not less than 50 dollars or shall be imprisoned for a period of not less than 30 days, or both such fine and imprisonment in the discretion of the court.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1937, Act 117, Eff. Oct. 29, 1937 ;-- CL 1948, 750.148
Former Law: See section 3 of Act 130 of 1885, being How., § 9074c; CL 1897, § 11761; CL 1915, § 15572; and CL 1929, § 16811.


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Chapter XXII
COMPOUNDING OFFENSES


750.149 Compounding or concealing offense; penalty.

Sec. 149.

Any person having knowledge of the commission of any offense punishable with death, or by imprisonment in the state prison, who shall take any money, or any gratuity or reward, or any engagement therefor, upon an agreement or understanding, express or implied, to compound or conceal such offense, or not to prosecute therefor, or not to give evidence thereof, shall, when such offense of which he or she has knowledge was punishable with death, or imprisonment in the state prison for life, is guilty of a felony; and where the offense, of which he or she so had knowledge, was punishable in any other manner, he or she is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.149 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 20 of Ch. 156 of R.S. 1846, being CL 1857, § 5839; CL 1871, § 7672; How., § 9254; CL 1897, § 11324; CL 1915, § 14991; and CL 1929, § 16582.


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Chapter XXIII
CONCEALING DEATH OF INFANT CHILD


750.150 Issue; concealment of death by mother.

Sec. 150.

If any unmarried woman conceals the death of any issue of her body, so that it may not be known whether such issue was born alive or not, or whether it was not murdered, she shall be punished by a fine not exceeding $1,000.00 or imprisonment for not more than 1 year.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.150 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 8 of Ch. 158 of R.S. 1846, being CL 1857, § 5863; CL 1871, § 7698; How., § 9284; CL 1897, § 11695; CL 1915, § 15469; and CL 1929, § 16824.


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Chapter XXIV
CONSPIRACY


750.151 Contracts; conspiracy; penalty.

Sec. 151.

All contracts, agreements, understandings, and combinations made, entered into, or knowingly assented to, by and between any parties capable of making a contract or agreement which would be valid at law or in equity, the purpose or object or intent of which shall be to limit, control, or in any manner to restrict or regulate the amount of production or the quantity of any article or commodity to be raised, or produced by mining, manufacture, agriculture, or any other branch of business or labor, or to enhance, control or regulate the market price thereof, or in any manner to prevent or restrict free competition in the production or sale of any such article or commodity, shall be illegal and void, and every such contract, agreement, understanding, and combination shall constitute a criminal conspiracy. And every person who, for himself or herself personally, or as a member, or in the name of a partnership, or as a member, agent, or officer of a corporation, or of any association for business purposes of any kind, who shall enter into or knowingly consent to any such void and illegal contract, agreement, understanding, or combination, shall be deemed a party to such conspiracy.

All parties so offending shall be guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 6 months or a fine of not more than $750.00. And the prosecution for offenses under this section may be instituted and the trial had in any county where any of the conspirators become parties to such conspiracy, or in which any 1 of the conspirators shall reside. This section shall in no manner invalidate or affect contracts for what is known and recognized as common law and in equity as contracts for the “good will of a trade or business”; but all such contracts shall be left to stand upon the same terms and within the same limitations recognized at common law and in equity.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.1 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 1 of Act 225 of 1889, being How., § 9354j; CL 1897, § 11377; CL 1915, § 15095; and CL 1929, § 16674.


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750.152 Illegal contracts.

Sec. 152.

Certain contracts illegal wherever made—Every contract, agreement, understanding, and combination declared void and illegal by the first section of this chapter shall be equally void and illegal within this state, whether made and entered into within or without the state.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.152
Former Law: See section 2 of Act 225 of 1889, being How., § 9354k; CL 1897, § 11378; CL 1915, § 15096; and CL 1929, § 16675.


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750.153 Illegal contracts; carrying into effect.

Sec. 153.

The carrying into effect, in whole or in part, of any such illegal contract, agreement, understanding, or combination as mentioned in the first section of this chapter and every act that shall be done for that purpose by any of the parties or through their agency or the agency of any 1 of them, constitutes a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.153 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 3 of Act 225 of 1889, being How., § 9354l; CL 1897, § 11379; CL 1915, § 15097; and CL 1929, § 16676.


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750.154 Violation by corporation forfeits charter.

Sec. 154.

Violation by corporation forfeits charter—Any corporation now or hereafter organized under the laws of this state, which shall enter into any contract, agreement, understanding or combination declared illegal and criminal by the first section of this chapter, or shall do any act towards or for the purpose of carrying the same into effect in whole or in part, and which shall not within 30 days from the time when this chapter shall take effect, withdraw its assent thereto and repudiate the same and file in the office of the secretary of state such refusal and repudiation under its corporate seal, shall forfeit its charter and all its rights and franchises thereunder.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.154
Former Law: See section 4 of Act 225 of 1889, being How., § 9354m; CL 1897, § 11380; CL 1915, § 15098; and CL 1929, § 16677.


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750.155 Violation by corporation forfeits charter; quo warranto.

Sec. 155.

Quo warranto against offending corporations—It shall be the duty of the attorney general upon his own relation, or upon the relation of any private person, whenever he shall have good reasons to believe that the same can be established by proof, to file an information in the nature of a quo warranto against any corporation offending against any of the provisions of this chapter; and thereupon the same proceedings shall be had as provided by chapter 38 of Act No. 314 of the Public Acts of 1915, being sections 15271 to 15300 inclusive of the Compiled Laws of 1929, relating to proceedings by information in the nature of quo warranto, against corporations offending against any of the provisions of the act or acts creating, altering or renewing such corporations, and in other cases.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.155
Compiler's Notes: Act 314 of 1915, referred to in this section, was repealed by Act 236 of 1961. See now MCL 600.101 et seq.
Former Law: See section 5 of Act 225 of 1889, being How., § 9354n; CL 1897, § 11381; CL 1915, § 15099; and CL 1929, § 16678.


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750.156 Chapter inapplicable to agricultural products or livestock under certain conditions; chapter inapplicable to conspiracy committed under chapter LXVIIA.

Sec. 156.

(1) This chapter does not apply to agricultural products or livestock while in the hands of the producer or raiser or to the services of laborers or artisans who are formed into societies or organizations for the benefit and protection of their members.

(2) This chapter does not apply to conspiracy committed under chapter LXVIIA.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.156 ;-- Am. 2014, Act 329, Eff. Jan. 14, 2015
Former Law: See section 6 of Act 225 of 1889, being How., § 9354o; CL 1897, § 11382; CL 1915, § 15100; CL 1929, § 16679.


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750.157 Providing incriminating testimony or evidence; use of truthful testimony, evidence, or other information against witness in criminal case.

Sec. 157.

A person shall not be excused from attending and testifying or producing any books, papers, or other documents before a court or magistrate upon an investigation, proceeding, or trial for a violation of this chapter on the ground that the testimony or evidence may tend to degrade or incriminate the person. Truthful testimony, evidence, or other truthful information compelled under this section and any information derived directly or indirectly from that truthful testimony, evidence, or other truthful information shall not be used against the witness in a criminal case, except for impeachment purposes or in a prosecution for perjury or otherwise failing to testify or produce evidence as required.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.157 ;-- Am. 1999, Act 251, Imd. Eff. Dec. 28, 1999


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750.157a Conspiracy to commit offense or legal act in illegal manner; penalty.

Sec. 157a.

Any person who conspires together with 1 or more persons to commit an offense prohibited by law, or to commit a legal act in an illegal manner is guilty of the crime of conspiracy punishable as provided herein:

(a) Except as provided in paragraphs (b), (c) and (d) if commission of the offense prohibited by law is punishable by imprisonment for 1 year or more, the person convicted under this section shall be punished by a penalty equal to that which could be imposed if he had been convicted of committing the crime he conspired to commit and in the discretion of the court an additional penalty of a fine of $10,000.00 may be imposed.

(b) Any person convicted of conspiring to violate any provision of this act relative to illegal gambling or wagering or any other acts or ordinances relative to illegal gambling or wagering shall be punished by imprisonment in the state prison for not more than 5 years or by a fine of not more than $10,000.00, or both such fine and imprisonment.

(c) If commission of the offense prohibited by law is punishable by imprisonment for less than 1 year, except as provided in paragraph (b), the person convicted under this section shall be imprisoned for not more than 1 year nor fined more than $1,000.00, or both such fine and imprisonment.

(d) Any person convicted of conspiring to commit a legal act in an illegal manner shall be punished by imprisonment in the state prison for not more than 5 years or by a fine of not more than $10,000.00, or both such fine and imprisonment in the discretion of the court.


History: Add. 1966, Act 296, Eff. Mar. 10, 1967
Constitutionality: A mandatory life sentence imposed for conspiracy to commit first-degree murder, even if nonparolable, is not so excessive as to constitute cruel and unusual punishment; nor does it violate the Equal Protection Clauses of the Michigan and United States Constitutions. People v Fernandez, 427 Mich 321; 398 NW2d 311 (1986).


© 2017 Legislative Council, State of Michigan


750.157b Solicitation to commit murder or felony; penalty; affirmative defense.

Sec. 157b.

(1) For purposes of this section, “solicit” means to offer to give, promise to give, or give any money, services, or anything of value, or to forgive or promise to forgive a debt or obligation.

(2) A person who solicits another person to commit murder, or who solicits another person to do or omit to do an act which if completed would constitute murder, is guilty of a felony punishable by imprisonment for life or any term of years.

(3) Except as provided in subsection (2), a person who solicits another person to commit a felony, or who solicits another person to do or omit to do an act which if completed would constitute a felony, is punishable as follows:

(a) If the offense solicited is a felony punishable by imprisonment for life, or for 5 years or more, the person is guilty of a felony punishable by imprisonment for not more than 5 years or by a fine not to exceed $5,000.00, or both.

(b) If the offense solicited is a felony punishable by imprisonment for a term less than 5 years or by a fine, the person is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or by a fine not to exceed $1,000.00, or both, except that a term of imprisonment shall not exceed 1/2 of the maximum imprisonment which can be imposed if the offense solicited is committed.

(4) It is an affirmative defense to a prosecution under this section that, under circumstances manifesting a voluntary and complete renunciation of his or her criminal purpose, the actor notified the person solicited of his or her renunciation and either gave timely warning and cooperation to appropriate law enforcement authorities or otherwise made a substantial effort to prevent the performance of the criminal conduct commanded or solicited, provided that conduct does not occur. The defendant shall establish by a preponderance of the evidence the affirmative defense under this subsection.


History: Add. 1968, Act 308, Eff. July 1, 1968 ;-- Am. 1986, Act 124, Eff. July 1, 1986
Constitutionality: Successive prosecutions for obstruction of justice under federal law, and inducing murder under MCL 750.157b, arising out of the same criminal act do not violate the guarantee against double jeopardy in the Michigan Constitution. People v Formicola, 407 Mich 293; 284 NW2d 334 (1979).


© 2017 Legislative Council, State of Michigan


750.157c Recruiting, inducing, soliciting, or coercing minor to commit felony.

Sec. 157c.

A person 17 years of age or older who recruits, induces, solicits, or coerces a minor less than 17 years of age to commit or attempt to commit an act that would be a felony if committed by an adult is guilty of a felony and shall be punished by imprisonment for not more than the maximum term of imprisonment authorized by law for that act. The person may also be punished by a fine of not more than 3 times the amount of the fine authorized by law for that act.


History: Add. 1988, Act 27, Eff. June 1, 1988


© 2017 Legislative Council, State of Michigan
Chapter XXIVA
CREDIT CARDS


750.157m Definitions.

Sec. 157m.

As used in this chapter:

(a) “Credit card” means either of the following:

(i) Any instrument or device which is sold, issued, or otherwise distributed by a business organization or financial institution for the use of the person or organization identified on the instrument or device for obtaining goods, property, services, or anything of value on credit.

(ii) An instrument or device which is issued or otherwise distributed by an organization for the use of the person identified on the instrument or device for obtaining health care services or goods or reimbursement or payment for health care services or goods. As used in this subparagraph, “organization” means any of the following:

(A) A dental care corporation incorporated under Act No. 125 of the Public Acts of 1963, being sections 550.351 to 550.373 of the Michigan Compiled Laws.

(B) A health care corporation incorporated under the nonprofit health care corporation reform act, Act No. 350 of the Public Acts of 1980, being sections 550.1101 to 550.1704 of the Michigan Compiled Laws.

(C) A health maintenance organization licensed under article 17 of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.20101 to 333.22181 of the Michigan Compiled Laws.

(D) An insurer as defined in section 106 of the insurance code of 1956, Act No. 218 of the Public Acts of 1956, being section 500.106 of the Michigan Compiled Laws.

(E) A third party administrator operating under a certificate of authority issued by the commissioner pursuant to the third party administrator act, Act No. 218 of the Public Acts of 1984, being sections 550.901 to 550.962 of the Michigan Compiled Laws.

(b) “Deposit account” includes share, deposit, member, and savings accounts of financial institutions.

(c) “Credit account” means the account through which a business organization or financial institution allows a person or organization to obtain goods, property, services, or any other thing of value on credit.

(d) “Deviceholder” means either of the following:

(i) The person or organization who requests a financial transaction device and to whom or for whose benefit a financial transaction device is subsequently issued.

(ii) The person or organization to whom a financial transaction device was issued and who used or accepted a financial transaction device, whether the issuance of the financial transaction device was requested or not.

(e) “Financial institution” means a bank, savings and loan association, or credit union, and includes a corporation wholly owned by a financial institution or by the holding company parent of a financial institution.

(f) “Financial transaction device” means any of the following:

(i) An electronic funds transfer card.

(ii) A credit card.

(iii) A debit card.

(iv) A point-of-sale card.

(v) Any instrument, device, card, plate, code, account number, personal identification number, or a record or copy of a code, account number, or personal identification number or other means of access to a credit account or deposit account, or a driver's license or state identification card used to access a proprietary account, other than access originated solely by a paper instrument, that can be used alone or in conjunction with another access device, for any of the following purposes:

(A) Obtaining money, cash refund or credit account, credit, goods, services, or any other thing of value.

(B) Certifying or guaranteeing to a person or business the availability to the deviceholder of funds on deposit to honor a draft or check payable to the order of that person or business.

(C) Providing the deviceholder access to a deposit account for the purpose of making deposits, withdrawing funds, transferring funds between deposit accounts, obtaining information pertaining to a deposit account, or making an electronic funds transfer as defined in section 3(4) of Act No. 322 of the Public Acts of 1978, being section 488.3 of the Michigan Compiled Laws.

(g) “Proprietary account” means the account which is maintained by a business organization in the name of an individual person or organization and through which the business organization allows the person or organization to obtain goods, property, services, or any other thing of value on credit.


History: Add. 1967, Act 255, Eff. Nov. 2, 1967 ;-- Am. 1987, Act 276, Eff. Mar. 30, 1988 ;-- Am. 1988, Act 335, Eff. Mar. 30, 1989


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750.157n Stealing, taking, or removing financial transaction device; possession of fraudulent or altered financial transaction device.

Sec. 157n.

(1) A person who steals knowingly takes, or knowingly removes a financial transaction device from the person or possession of a deviceholder, or who knowingly retains, knowingly possesses, knowingly secretes, or knowingly uses a financial transaction device without the consent of the deviceholder, is guilty of a felony.

(2) A person who knowingly possesses a fraudulent or altered financial transaction device is guilty of a felony.


History: Add. 1967, Act 255, Eff. Nov. 2, 1967 ;-- Am. 1987, Act 276, Eff. Mar. 30, 1988


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750.157p Possession or control of another's financial transaction device with intent to use, deliver, circulate, or sell.

Sec. 157p.

A person who has in his or her possession, or under his or her control, or who receives from another person a financial transaction device with the intent to use, deliver, circulate, or sell the financial transaction device, or to permit, cause, or procure the financial transaction device to be used, delivered, circulated, or sold, knowing the possession, control, receipt, use, delivery, circulation, or sale to be without the consent of the deviceholder, is guilty of a felony.


History: Add. 1967, Act 255, Eff. Nov. 2, 1967 ;-- Am. 1987, Act 276, Eff. Mar. 30, 1988


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750.157q Delivery, circulation, or sale of financial transaction device obtained or held under proscribed circumstances.

Sec. 157q.

A person who delivers, circulates, or sells a financial transaction device which was obtained or held by that person under circumstances proscribed under section 157n, 157p, or 157v, or uses, permits, causes, or procures the financial transaction device to be used, delivered, circulated, or sold, knowing the device to have been obtained or held under circumstances proscribed under section 157n, 157p, or 157v is guilty of a felony.


History: Add. 1967, Act 255, Eff. Nov. 2, 1967 ;-- Am. 1987, Act 276, Eff. Mar. 30, 1988


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750.157r Forgery, alteration, simulation, or counterfeiting of financial transaction device.

Sec. 157r.

A person who, with intent to defraud, forges, materially alters, simulates, or counterfeits a financial transaction device is guilty of a felony.


History: Add. 1967, Act 255, Eff. Nov. 2, 1967 ;-- Am. 1987, Act 276, Eff. Mar. 30, 1988


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750.157s Use of revoked or cancelled financial transaction device with intent to defraud.

Sec. 157s.

(1) A person who, for the purpose of obtaining goods, property, services, or anything of value, knowingly and with intent to defraud uses 1 or more financial transaction devices that have been revoked or canceled by the issuer of the device or devices, as distinguished from expired, and has received notice of the revocation or cancellation is guilty of a crime as follows:

(a) If the value of the goods, property, services, or anything of value is less than $100.00, as follows:

(i) For a first offense, a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

(ii) For an offense following 1 or more prior convictions under this section or a local ordinance substantially corresponding to this section, a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

(b) If the value of the goods, property, services, or anything of value is $100.00 or more but less than $500.00, as follows:

(i) For a first or second offense, a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00 or 3 times the aggregate value of the goods, property, services, or anything of value, whichever is greater, or both imprisonment and a fine.

(ii) For an offense following 2 or more prior convictions under this section, a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both. For purposes of this subparagraph, however, a prior conviction does not include a conviction for a violation or attempted violation of subdivision (a).

(c) If the value of the goods, property, services, or anything of value is $500.00 or more, a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00 or 3 times the aggregate value of the goods, property, services, or anything of value, whichever is greater, or both imprisonment and a fine.

(2) The values of goods, property, services, or things of value obtained 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 goods, property, services, or things of value obtained.

(3) 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.

(4) 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.


History: Add. 1967, Act 255, Eff. Nov. 2, 1967 ;-- Am. 1968, Act 183, Eff. Nov. 15, 1968 ;-- Am. 1987, Act 276, Eff. Mar. 30, 1988 ;-- Am. 1998, Act 312, Eff. Jan. 1, 1999


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750.157t Sales to or services performed for violators.

Sec. 157t.

Any person who sells or delivers goods or property or anything of value, or renders any service to any other person knowing that such other person has committed or is committing any act prohibited by this chapter shall be guilty of a felony.


History: Add. 1967, Act 255, Eff. Nov. 2, 1967


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750.157u Causing deviceholder to be charged or overcharged.

Sec. 157u.

A person to whom a deviceholder presents a financial transaction device for the purpose of obtaining goods, property, services, or anything of value on credit, or for any purpose for which the device may be used, who, by using the financial transaction device, by forging or aiding in the forgery of the deviceholder's signature, or by filling out or completing an application or form to be furnished to the issuer of the financial transaction device, causes the deviceholder to be charged for a purchase or other transaction that was not authorized by the deviceholder, to be overcharged for a purchase or other transaction that was authorized by the deviceholder, or to otherwise incur a financial loss, is guilty of a felony.


History: Add. 1967, Act 255, Eff. Nov. 2, 1967 ;-- Am. 1987, Act 276, Eff. Mar. 30, 1988


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750.157v False statement of identity for purpose of procuring issuance of financial transaction device.

Sec. 157v.

A person who, knowingly and with intent to defraud, makes or causes to be made, directly or indirectly, a false statement in writing regarding his or her identity or that of any other person for the purpose of procuring the issuance of a financial transaction device, is guilty of a felony.


History: Add. 1987, Act 276, Eff. Mar. 30, 1988


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750.157w Fraudulent use of financial transaction device to withdraw or transfer funds in violation of contractual limitations.

Sec. 157w.

(1) A person who knowingly and with intent to defraud uses a financial transaction device to withdraw or transfer funds from a deposit account in violation of the contractual limitations imposed on the amount or frequency of withdrawals or transfers or in an amount exceeding the funds then on deposit in the account is guilty of a crime as follows:

(a) A misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the amount of funds withdrawn or transferred, whichever is greater, or both imprisonment and a fine, if the amount of the funds withdrawn or transferred is less than $200.00.

(b) 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 amount of funds withdrawn or transferred, whichever is greater, or both imprisonment and a fine, if any of the following apply:

(i) The amount of the funds withdrawn or transferred 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 an offense under this section or a local ordinance substantially corresponding to this section.

(c) 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 amount of funds withdrawn or transferred, whichever is greater, or both imprisonment and a fine, if any of the following apply:

(i) The amount of the funds withdrawn or transferred 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 committing or attempting to commit an offense under 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) A felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the amount of funds withdrawn or transferred, whichever is greater, or both imprisonment and a fine, if any of the following apply:

(i) The amount of funds withdrawn or transferred is $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 an offense under 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).

(2) The amounts of funds withdrawn or transferred in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total amount of funds withdrawn or transferred.

(3) 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.

(4) 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.


History: Add. 1987, Act 276, Eff. Mar. 30, 1988 ;-- Am. 1998, Act 312, Eff. Jan. 1, 1999


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Chapter XXV
CRIME AGAINST NATURE OR SODOMY


750.158 Crime against nature or sodomy; penalty.

Sec. 158.

Any person who shall commit the abominable and detestable crime against nature either with mankind or with any animal shall be guilty of a felony, punishable by imprisonment in the state prison not more than 15 years, or if such person was at the time of the said offense a sexually delinquent person, may be punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.158 ;-- Am. 1952, Act 73, Eff. Sept. 18, 1952
Former Law: See section 16 of Ch. 158 of R.S. 1846, being CL 1857, § 5871; CL 1871, § 7706; How., § 9292; CL 1897, § 11705; CL 1915, § 15479; CL 1929, § 16831; and Act 57 of 1923.


© 2017 Legislative Council, State of Michigan


750.159 Emission need not be proved.

Sec. 159.

In any prosecution for sodomy, it shall not be necessary to prove emission, and any sexual penetration, however slight, shall be deemed sufficient to complete the crime specified in the next preceding section.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.159 ;-- Am. 1952, Act 73, Eff. Sept. 18, 1952


© 2017 Legislative Council, State of Michigan
Chapter XXVA
CRIMINAL ENTERPRISES


750.159f Definitions generally.

Sec. 159f.

As used in this chapter:

(a) “Enterprise” includes an individual, sole proprietorship, partnership, corporation, limited liability company, trust, union, association, governmental unit, or other legal entity or a group of persons associated in fact although not a legal entity. Enterprise includes illicit as well as licit enterprises.

(b) “Instrumentality” means an interest, real or personal property, or other thing of value, the use of which contributes directly and materially to the commission of an offense included in the definition of racketeering.

(c) “Pattern of racketeering activity” means not less than 2 incidents of racketeering to which all of the following characteristics apply:

(i) The incidents have the same or a substantially similar purpose, result, participant, victim, or method of commission, or are otherwise interrelated by distinguishing characteristics and are not isolated acts.

(ii) The incidents amount to or pose a threat of continued criminal activity.

(iii) At least 1 of the incidents occurred within this state on or after the effective date of the amendatory act that added this section, and the last of the incidents occurred within 10 years after the commission of any prior incident, excluding any period of imprisonment served by a person engaging in the racketeering activity.

(d) “Person” means an individual, sole proprietorship, partnership, cooperative, association, corporation, limited liability company, personal representative, receiver, trustee, assignee, or other legal or illegal entity.

(e) “Proceeds” means any real, personal, or intangible property obtained through the commission of an offense included in the definition of racketeering, including any appreciation in the value of the property.

(f) “Prosecuting agency” means the attorney general of this state, or his or her designee, or the prosecuting attorney of a county, or his or her designee.


History: Add. 1995, Act 187, Eff. Apr. 1, 1996


© 2017 Legislative Council, State of Michigan


750.159g "Racketeering" defined.

Sec. 159g.

As used in this chapter, "racketeering" means committing, attempting to commit, conspiring to commit, or aiding or abetting, soliciting, coercing, or intimidating a person to commit an offense for financial gain, involving any of the following:

(a) A felony violation of section 8 of the tobacco products tax act, 1993 PA 327, MCL 205.428, concerning tobacco product taxes, or section 9 of former 1947 PA 265, concerning cigarette taxes.

(b) A violation of section 11151(3) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11151, or section 48(3) of former 1979 PA 64, concerning felonious disposal of hazardous waste.

(c) A felony violation of part 74 of the public health code, 1978 PA 368, MCL 333.7401 to 333.7461, concerning controlled substances.

(d) A felony violation of section 7340, 7340c, or 17766c of the public health code, 1978 PA 368, MCL 333.7340, 333.7340c, and 333.17766c, concerning ephedrine or pseudoephedrine.

(e) A felony violation of section 60 of the social welfare act, 1939 PA 280, MCL 400.60, concerning welfare fraud.

(f) A violation of section 4, 5, or 7 of the medicaid false claim act, 1977 PA 72, MCL 400.604, 400.605, and 400.607, concerning medicaid fraud.

(g) A felony violation of section 18 of the Michigan gaming control and revenue act, 1996 IL 1, MCL 432.218, concerning the business of gaming.

(h) A felony violation of section 909(4) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1909, concerning the illegal sale, delivery, or importation of spirits.

(i) A violation of section 508 of the uniform securities act (2002), 2008 PA 551, MCL 451.2508, concerning fraud.

(j) A violation of section 5 or 7 of 1978 PA 33, MCL 722.675 and 722.677, concerning the display or dissemination of obscene matter to minors.

(k) A violation of section 49, concerning animal fighting.

(l) A felony violation of section 72, 73, 74, 75, or 77, concerning arson.

(m) A violation of section 93, 94, 95, or 96, concerning bank bonds, bills, notes, and property.

(n) A violation of section 110 or 110a, concerning breaking and entering or home invasion.

(o) A violation of section 117, 118, 119, 120, 121, or 124, concerning bribery.

(p) A violation of section 120a, concerning jury tampering.

(q) A violation of section 145c, concerning child sexually abusive activity or material.

(r) A violation of section 145d, concerning internet or computer crimes.

(s) A felony violation of section 157n, 157p, 157q, 157r, 157s, 157t, or 157u, concerning credit cards or financial transaction devices.

(t) A felony violation of section 174, 175, 176, 180, 181, or 182, concerning embezzlement.

(u) A felony violation of chapter XXXIII, concerning explosives and bombs.

(v) A violation of section 213, concerning extortion.

(w) A felony violation of section 218, concerning false pretenses.

(x) A felony violation of section 223(2), 224(1)(a), (b), or (c), 224b, 224c, 224e(1), 226, 227, 234a, 234b, or 237a, concerning firearms or dangerous weapons.

(y) A felony violation of chapter XLI, concerning forgery and counterfeiting.

(z) A violation of section 271, 272, 273, or 274, concerning securities fraud.

(aa) A violation of section 300a, concerning food stamps or coupons or access devices.

(bb) A violation of section 301, 302, 303, 304, 305, 305a, or 313, concerning gambling.

(cc) A violation of section 316 or 317, concerning murder.

(dd) A violation of section 330, 331, or 332, concerning horse racing.

(ee) A violation of section 349, 349a, or 350, concerning kidnapping.

(ff) A felony violation of chapter LII, concerning larceny.

(gg) A violation of section 411k, concerning money laundering.

(hh) A violation of section 422, 423, 424, or 425, concerning perjury or subornation of perjury.

(ii) A violation of section 452, 455, 457, 458, or 459, concerning prostitution.

(jj) A violation of chapter LXVIIA, concerning human trafficking.

(kk) A violation of section 529, 529a, 530, or 531, concerning robbery.

(ll) A felony violation of section 535 or 535a, concerning stolen, embezzled, or converted property.

(mm) A violation of chapter LXXXIII-A, concerning terrorism.

(nn) A violation of section 5 of 1984 PA 343, MCL 752.365, concerning obscenity.

(oo) A felony violation of the identity theft protection act, 2004 PA 452, MCL 445.61 to 445.77.

(pp) An offense committed within this state or another state that constitutes racketeering activity as defined in 18 USC 1961(1).

(qq) An offense committed within this state or another state in violation of a law of the United States that is substantially similar to a violation listed in subdivisions (a) through (pp).

(rr) An offense committed in another state in violation of a statute of that state that is substantially similar to a violation listed in subdivisions (a) through (pp).


History: Add. 1995, Act 187, Eff. Apr. 1, 1996 ;-- Am. 1997, Act 75, Imd. Eff. July 17, 1997 ;-- Am. 2002, Act 124, Eff. Apr. 22, 2002 ;-- Am. 2009, Act 82, Imd. Eff. Aug. 31, 2009 ;-- Am. 2010, Act 176, Imd. Eff. Sept. 30, 2010 ;-- Am. 2010, Act 362, Eff. Apr. 1, 2011 ;-- Am. 2012, Act 172, Imd. Eff. June 19, 2012 ;-- Am. 2012, Act 351, Imd. Eff. Dec. 13, 2012 ;-- Am. 2014, Act 300, Eff. Jan. 1, 2015


© 2017 Legislative Council, State of Michigan


750.159h “Records” or “documenting materials” and “substituted proceeds” defined.

Sec. 159h.

As used in this chapter:

(a) “Records” or “documentary materials” means a book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic tape, computer program or printout, any other data compilation from which information can be obtained or translated into usable form, or any other functionally similar tangible item.

(b) “Substituted proceeds” means any real, personal, or intangible property obtained or any gain realized by the sale or exchange of proceeds.


History: Add. 1995, Act 187, Eff. Apr. 1, 1996


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750.159i Prohibited conduct.

Sec. 159i.

(1) A person employed by, or associated with, an enterprise shall not knowingly conduct or participate in the affairs of the enterprise directly or indirectly through a pattern of racketeering activity.

(2) A person shall not knowingly acquire or maintain an interest in or control of an enterprise or real or personal property used or intended for use in the operation of an enterprise, directly or indirectly, through a pattern of racketeering activity.

(3) A person who has knowingly received any proceeds derived directly or indirectly from a pattern of racketeering activity shall not directly or indirectly use or invest any part of those proceeds, or any proceeds derived from the use or investment of any of those proceeds, in the establishment or operation of an enterprise, or the acquisition of any title to, or a right, interest, or equity in, real or personal property used or intended for use in the operation of an enterprise.

(4) A person shall not conspire or attempt to violate subsection (1), (2), or (3).


History: Add. 1995, Act 187, Eff. Apr. 1, 1996


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750.159j Violation as felony; penalties; imposition of costs; order to criminally forfeit property; additional authority of court; conditions for entering order of criminal forfeiture; attorney fees; determination of extent of property; property not reachable; retention of property by law enforcement agency; disposition of money seized; seizure; other criminal or civil remedies not precluded.

Sec. 159j.

(1) A person who violates section 159i is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $100,000.00, or both.

(2) In addition to any penalty imposed under subsection (1), the court may do 1 or more of the following with respect to a person convicted under section 159i:

(a) Order the person to pay court costs.

(b) Order the person to pay to the state or local law enforcement agency that handled the investigation and prosecution the costs of the investigation and prosecution that are reasonably incurred.

(3) The court shall hold a hearing to determine the amount of court costs and other costs to be imposed under subsection (2).

(4) The court shall order a person convicted of a violation of section 159i to criminally forfeit to the state any real, personal, or intangible property in which he or she has an interest and that was used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of section 159i, including any property constituting an interest in, means of control over, or influence over the enterprise involved in the violation and any property constituting proceeds derived from the violation. The court's authority under this subsection also includes, but is not limited to, the authority to do any of the following:

(a) Order the convicted person to divest himself or herself of any interest, direct or indirect, in the enterprise.

(b) Impose reasonable restrictions on the future activities or investments of the convicted person, including prohibiting the convicted person from engaging in the same type of endeavor as the enterprise engaged in.

(c) Order the dissolution or reorganization of an enterprise upon finding that, for the prevention of future criminal activity, the public interest requires the dissolution or reorganization. This subdivision does not apply to the extent that an order of dissolution or reorganization is preempted by chapter 7 of the national labor relations act, 29 USC 141 to 187.

(d) Order the suspension or revocation of a license, permit, or prior approval granted to an enterprise by any agency of the state, county, or other political subdivision upon finding that, for the prevention of future criminal activity, the public interest requires the suspension or revocation.

(e) Order the surrender of the charter of a corporation organized under the laws of this state or the revocation of a certificate authorizing a foreign corporation to conduct business within this state upon finding that the board of directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, authorized or engaged in racketeering and, for the prevention of future criminal activity, that the public interest requires that the charter or certificate of the corporation be surrendered or revoked.

(5) A sentence ordering criminal forfeiture under this section shall not be entered unless the indictment or information alleges the extent of the property subject to forfeiture, or unless the sentence requires the forfeiture of property that was not reasonably foreseen to be subject to forfeiture at the time of the indictment or information, if the prosecuting agency gave prompt notice to the defendant of the property not reasonably foreseen to be subject to forfeiture when it was discovered to be forfeitable.

(6) Reasonable attorney fees for representation in an action under this chapter are not subject to criminal forfeiture under this chapter.

(7) At sentencing and following a hearing, the court shall determine the extent of the property subject to forfeiture, if any, and shall enter an order of forfeiture. The court may base its determination on evidence in the trial record.

(8) If any property included in the order of forfeiture under this section cannot be located or has been sold to a bona fide purchaser for value, placed beyond the jurisdiction of the court, substantially diminished in value by the conduct of the defendant, or commingled with other property that cannot be divided without difficulty or undue injury to innocent persons, the court shall order forfeiture of any other reachable property of the defendant up to the value of the property that is unreachable.

(9) All property ordered forfeited under this section shall be retained by the law enforcement agency that seized it for disposal pursuant to section 159r.

(10) The seizing agency may deposit money seized under this section into an interest-bearing account in a financial institution. As used in this subsection, "financial institution" means a state or nationally chartered bank or a state or federally chartered savings and loan association, savings bank, or credit union whose deposits are insured by an agency of the United States government and that maintains a principal office or branch office located in this state under the laws of this state or the United States.

(11) An attorney for a person who is charged with a violation of section 159i involving or related to money seized by a law enforcement agency that is subject to criminal forfeiture under this section shall be afforded a period of 60 days within which to examine that money. This 60-day period shall begin to run after notice of forfeiture is given but before the money is deposited into a financial institution under subsection (10). If the prosecuting agency fails to sustain its burden of proof in criminal proceedings under section 159i, the court shall order the return of the money, including any interest earned on money deposited into a financial institution under subsection (10).

(12) An order of criminal forfeiture entered under this section shall authorize an appropriate law enforcement agency to seize the property declared criminally forfeited under this section upon those terms and conditions relating to the time and manner of seizure the court determines proper.

(13) Criminal penalties under this section are not mutually exclusive and do not preclude the application of any other criminal or civil remedy under this section or any other provision of law.


History: Add. 1995, Act 187, Eff. Apr. 1, 1996 ;-- Am. 2006, Act 129, Imd. Eff. May 5, 2006


© 2017 Legislative Council, State of Michigan


750.159k Order of criminal forfeiture; notice; hearing to determine validity of claim of property interest; petition; consolidation of hearings; testimony and evidence; amendment of order.

Sec. 159k.

(1) Upon the entry of the order of criminal forfeiture pursuant to section 159j, the court shall cause notice of the order to be sent by certified mail to all persons known to have, or appearing to have, an interest in the property to be forfeited. To assist the court in determining whom to notify, the prosecuting agency shall conduct a search of county, state, and federal public records where notice of liens and security interests are normally recorded. If the name and address of the person are not reasonably ascertainable or delivery of the notice cannot reasonably be accomplished, the notice shall be published in a newspaper of general circulation in the county in which the prosecution occurred for 10 successive publishing days. Proof of written notice or publication shall be filed with the court entering the order of criminal forfeiture.

(2) Within 21 days after receipt of the notice or after the date of the completion of the publication under subsection (1), a person, other than the defendant, who claims an interest in the property subject to criminal forfeiture may petition the court for a hearing to determine the validity of the claim. The petition shall be signed and sworn to by the petitioner and shall set forth the nature and extent of the petitioner's interest in the property, the date and circumstances of the petitioner's acquisition of the interest, any additional allegations supporting the claim, and the relief sought. The petitioner shall furnish the prosecuting agency with a copy of the petition.

(3) To the extent practicable and consistent with the interests of justice, the court shall hold the hearing within 28 days after the filing of the petition. The court may consolidate the hearings on all petitions filed by third party claimants under this section. At the hearing, the petitioner may testify and present evidence on his or her own behalf and may cross-examine witnesses. The prosecuting agency may present evidence and witnesses in rebuttal and in defense of the claim of the state to the property and may cross-examine witnesses. The court, in making its determination, shall consider the testimony and evidence presented at the hearing and the relevant portions of the record of the criminal proceeding that resulted in the order of criminal forfeiture.

(4) If the court determines 1 or more of the following, by a preponderance of the evidence, the court shall amend the order of criminal forfeiture in accordance with its determination to protect the rights of innocent persons:

(a) The petitioner has a legal right, title, or interest in the property that, at the time of the commission of the acts giving rise to the forfeiture of the property, was vested in the petitioner and not in the defendant or was superior to the right, title, or interest of the defendant, and the petitioner did not have prior actual knowledge of the racketeering activity.

(b) The petitioner is a bona fide purchaser for value of the right, title, or interest in the property and was at the time of the purchase reasonably without cause to believe that the property was subject to forfeiture under section 159j.

(c) The property is encumbered by a security interest and the holder of the security interest did not have prior actual knowledge of the racketeering activity.

(d) The property is encumbered by an unpaid balance on a land contract and the land contract vendor did not have prior actual knowledge of the racketeering activity.


History: Add. 1995, Act 187, Eff. Apr. 1, 1996


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750.159l Jurisdiction of court; notification of persons with property interest.

Sec. 159l.

(1) In a prosecution under section 159i, the court has jurisdiction to enter such restraining orders or injunctions or to take other action by order, including, but not limited to, the acceptance of satisfactory performance bonds, in connection with any property subject to criminal forfeiture under section 159j, as the court considers proper.

(2) Within 14 days after the entry of an order described in subsection (1), the prosecuting agency shall notify all persons known to have or appearing to have an interest in the property of the order, by certified mail. In determining whom to notify under this subsection, the prosecuting agency shall conduct a search of county, state, and federal public records where notices of liens and security interests are normally recorded.


History: Add. 1995, Act 187, Eff. Apr. 1, 1996


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750.159m Property subject to civil in rem forfeiture; exceptions; encumbrances; attorney fees.

Sec. 159m.

(1) Except as otherwise provided in this section, all real, personal, or intangible property of a person convicted of a violation of section 159i that is the proceeds of racketeering, the substituted proceeds of racketeering, or an instrumentality of racketeering, is subject to civil in rem forfeiture to a local unit of government or the state under this section and sections 159n to 159q.

(2) Real property that is the primary residence of the spouse of the owner is not subject to civil in rem forfeiture under this section and sections 159n to 159q, unless that spouse had prior actual knowledge of, and consented to and participated in the commission of, the racketeering activity. Real property that is the primary residence of a dependent minor child of the owner is not subject to civil in rem forfeiture under this section and sections 159n to 159q.

(3) Property is not subject to civil in rem forfeiture if either of the following circumstances exists:

(a) The owner of the property did not have prior actual knowledge of the commission of the racketeering activity.

(b) The owner of the property served notice of the commission of the crime upon an appropriate law enforcement agency.

(4) The civil in rem forfeiture of property encumbered by a security interest is subject to the interest of the holder of the security interest who did not have prior actual knowledge of the racketeering activity.

(5) The civil in rem forfeiture of property encumbered by an unpaid balance on a land contract is subject to the interest of the land contract vendor who did not have prior actual knowledge of the racketeering activity.

(6) Reasonable attorney fees for representation in an action under this chapter are not subject to civil in rem forfeiture under this chapter.


History: Add. 1995, Act 187, Eff. Apr. 1, 1996


© 2017 Legislative Council, State of Michigan


750.159n Seizure of property subject to civil in rem forfeiture; petition; filing; personal or intangible property; determination by court; seizure without process; circumstances; lien notice against real property; notice and hearing required; return of property to crime victim; exceptions; custody of property by seizing agency.

Sec. 159n.

(1) A civil in rem forfeiture proceeding under this chapter is a proceeding against property subject to forfeiture under section 159m instituted by the filing of a petition by the prosecuting agency.

(2) Personal or intangible property subject to civil in rem forfeiture under section 159m may be seized pursuant to an order of seizure issued by the court having jurisdiction over the property.

(3) Upon an ex parte application by the prosecuting agency, before or after the initiation of a civil in rem forfeiture proceeding, the court may determine ex parte whether there is probable cause to believe that personal or intangible property is subject to civil in rem forfeiture under section 159m and that notice to those persons having or claiming an interest in the property before seizure would cause the loss or destruction of the property. In making this determination, the court shall, as a matter of law, make a determination that the property constituted an interest in, means of control over, or influence over an enterprise involved in a violation of section 159i. If the court finds that probable cause does not exist to believe the property is subject to forfeiture under this act, the court shall dismiss the plaintiff prosecuting agency's application and, if a civil in rem forfeiture proceeding has been initiated, shall dismiss the petition. If the court finds that probable cause does exist to believe the property is subject to forfeiture but there is not probable cause to believe that prior notice would result in loss or destruction of the property, the court shall order service on all persons known to have or claim an interest in the property before a further hearing on whether an order of seizure should issue. If the court finds that there is probable cause to believe that the property is subject to forfeiture and to believe that prior notice would cause loss or destruction of the property, the court shall issue an order of seizure directing the sheriff or other law enforcement officer in the county where the property is found to seize it.

(4) Personal or intangible property subject to civil in rem forfeiture under this chapter may be seized without process under any of the following circumstances:

(a) The seizure is incident to a lawful arrest.

(b) The seizure is pursuant to a valid search warrant.

(c) The seizure is pursuant to an inspection under a valid administrative inspection warrant.

(d) There is probable cause to believe that the property is directly or indirectly dangerous to health or safety.

(e) Exigent circumstances exist that preclude the obtaining of a court order, and there is probable cause to believe that the property is subject to civil in rem forfeiture under section 159m.

(f) The property is the subject of a prior judgment in favor of this state in a forfeiture proceeding.

(5) The prosecuting agency may apply ex parte for an order authorizing the filing of a lien notice against real property subject to civil in rem forfeiture under section 159m. The application shall be supported by a sworn affidavit setting forth probable cause for a civil in rem forfeiture action pursuant to sections 159m to 159q. An order authorizing the filing of a lien notice may be issued upon a showing of probable cause to believe that the property is subject to civil in rem forfeiture under section 159m.

(6) Real property shall not be seized without notice and a hearing.

(7) Property that belongs to the victim of a crime shall promptly be returned to the victim, except in the following circumstances:

(a) The property is contraband.

(b) If the ownership of the property is disputed, until the dispute is resolved.

(c) The property is required to be retained as evidence pursuant to section 4(4) of the crime victim's rights act, Act No. 87 of the Public Acts of 1985, being section 780.754 of the Michigan Compiled Laws.

(8) Personal or intangible property seized under this section is not subject to any other action to recover personal property, but is considered to be in the custody of the seizing agency subject only to this chapter, or to an order and judgment of the court having jurisdiction over the civil in rem forfeiture proceedings. When property is seized under this section, the seizing agency may do 1 or more of the following:

(a) Place the property under seal.

(b) Remove the property to a place designated by the court.


History: Add. 1995, Act 187, Eff. Apr. 1, 1996


© 2017 Legislative Council, State of Michigan


750.159o Notice requirements.

Sec. 159o.

(1) Within 14 days after personal or intangible property is seized or a lien notice is filed against real property under section 159n, the prosecuting agency shall give notice pursuant to this section of the seizure of the property and the intent to forfeit and dispose of the property according to this chapter. This 14-day notice period is not jurisdictional. The prosecuting agency may move for an extension of the notice period for good cause shown. The prosecuting agency shall give the notice to each of the following persons:

(a) If charges have been filed against a person for a crime, the person charged.

(b) Each person known to have or appearing to have an ownership interest in the property.

(c) Each mortgagee, person holding a security interest, or person having a lien that appears on the certificate of title or is on file with the secretary of state or appropriate register of deeds, if the property is real property, a mobile home, motor vehicle, watercraft, or other personal property.

(d) Each holder of a preferred ship mortgage of record in the appropriate public office pursuant to chapter 313 of subtitle III of title 46 of the United States Code, if the property is a watercraft more than 28 feet long or a watercraft that has a capacity of 5 net tons or more.

(e) Each person whose security interest is recorded with the appropriate public office pursuant to the federal aviation act of 1958, Public Law 85-726, 72 Stat. 731, if the property is an aircraft, aircraft engine, or aircraft propeller, or a part of an aircraft, aircraft engine, or aircraft propeller.

(f) Each person known to have or appearing to have a security interest in the property.

(g) Each victim of the crime.

(2) The notice required under subsection (1) shall be a written notice delivered to the person or sent to the person by certified mail. If the name and address of the person are not reasonably ascertainable or delivery of the notice cannot reasonably be accomplished, the notice shall be published in a newspaper of general circulation in the county in which the personal or intangible property was seized or the real property is located for 10 successive publishing days. Proof of written notice or publication shall be filed with the court having jurisdiction over the seizure or forfeiture.

(3) If personal or intangible property is seized, the seizing agency shall immediately notify the prosecuting agency of the seizure of the property and the intent to forfeit and dispose of the property according to this chapter.


History: Add. 1995, Act 187, Eff. Apr. 1, 1996


© 2017 Legislative Council, State of Michigan


750.159p Verified claim stating interest in property or proceeds.

Sec. 159p.

(1) At any time within 28 days after the date of the completion of the publication pursuant to section 159o or within 21 days after receipt of actual notice pursuant to section 159o, a person claiming an interest in property or proceeds subject to forfeiture may file with the prosecuting agency a verified claim stating his or her interest in the property or proceeds.

(2) If no claim is filed within the period specified in subsection (1), the prosecuting agency shall declare the property forfeited and shall dispose of the property according to section 159r.

(3) If a claim is filed within the period specified in subsection (1), the prosecuting agency shall institute a civil in rem forfeiture action within 7 days after the expiration of the period specified in subsection (1).


History: Add. 1995, Act 187, Eff. Apr. 1, 1996


© 2017 Legislative Council, State of Michigan


750.159q Burden of proof; evidence; return or disposal of property; notice; estoppel from denial of allegations in civil trial; admissibility of testimony.

Sec. 159q.

(1) At the civil in rem forfeiture proceeding, the court shall act as trier of fact. The prosecuting agency has the burden of proving both of the following by clear and convincing evidence:

(a) The property is subject to civil in rem forfeiture under section 159m.

(b) The person claiming an ownership interest in the property had prior actual knowledge of the commission of an offense listed in the definition of racketeering.

(2) At the civil in rem forfeiture proceeding, the person claiming an ownership interest in the property has the burden of proving, by a preponderance of the evidence, that he or she served notice of the commission of the crime upon an appropriate law enforcement agency.

(3) At the civil in rem forfeiture proceeding, the prosecuting agency has the burden of proving, by a preponderance of the evidence, that a person claiming a security interest in the property or a person claiming an interest as a land contract vendor had prior actual knowledge of the commission of the racketeering activity.

(4) If the prosecuting agency fails to meet the burden of proof under subsection (1), or if the person claiming an ownership interest in the property meets his or her burden of proof under subsection (2), the property shall be returned to the owner within 28 days after a written order is entered to return the property, unless an appellate court stays the order. In addition, the prosecuting agency shall reimburse the owner for reasonable attorney fees and damages related to towing costs, storage fees and expenses, foreclosure costs, and other similar expenses.

(5) If the prosecuting agency meets the burden of proof under subsection (1) and the person claiming an ownership interest in the property does not meet the burden of proof under subsection (2), the property shall be disposed of pursuant to section 159r.

(6) Within 7 days after personal property is returned to the owner, or a lien filed against real property or a motor vehicle is discharged, the prosecuting agency that gave notice of the seizure of the property and the intent to forfeit and dispose of the property pursuant to section 159o shall give notice to the persons who received notice pursuant to section 159o that the property has been returned to the owner or that the lien has been discharged.

(7) The notice required under subsection (6) shall be a written notice delivered to the person or sent to the person by certified mail. If the name and address of the person are not reasonably ascertainable or delivery of the notice cannot reasonably be accomplished, the notice shall be published in a newspaper of general circulation in the county in which the personal property was seized or the real property is located for 10 successive publishing days.

(8) A defendant convicted in a criminal proceeding is estopped from subsequently denying in a civil action the essential allegations of the criminal offense of which he or she was convicted.

(9) The testimony of a person at a civil in rem forfeiture proceeding held under this chapter is not admissible against him or her, except for the purpose of impeachment, in a criminal proceeding other than a criminal prosecution for perjury. The testimony of a person at a civil in rem forfeiture proceeding held under this chapter does not waive the person's constitutional right against self-incrimination.


History: Add. 1995, Act 187, Eff. Apr. 1, 1996


© 2017 Legislative Council, State of Michigan


750.159r Sale of seized property by unit of government; disposal of received money; order of priority; appointment, compensation, and duties of receiver.

Sec. 159r.

(1) If property is criminally or civilly forfeited under this chapter, the unit of government that seized or filed a lien against the property may sell the property that is not required to be destroyed by law and that is not harmful to the public and may dispose of the money received from the sale of the property and any money, negotiable instrument, security, or other thing of value that is forfeited pursuant to this chapter in the following order of priority:

(a) Pay any outstanding security interest or unpaid land contract balance of a secured party or land contract vendor who did not have prior actual knowledge of, or consent to the commission of, the crime.

(b) Satisfy any order of restitution in the prosecution for the crime.

(c) Pay the claim of each person who shows that he or she is a victim of the crime to the extent that the claim is not covered by an order of restitution.

(d) Pay any valid outstanding lien against the property that has been imposed by a governmental unit.

(e) Pay the proper expenses of the proceedings for forfeiture and sale, including, but not limited to, expenses incurred during the seizure process and expenses for maintaining custody of the property, advertising, and court costs.

(f) The balance remaining after the payment of restitution, the claims of victims, outstanding liens, and expenses shall be distributed by the court having jurisdiction over the forfeiture proceedings to the unit or units of government substantially involved in effecting the forfeiture. The money received by a unit of government under this subdivision shall be used to enhance enforcement of the criminal laws.

(2) In the course of selling real property pursuant to subsection (1), the court that enters an order or sentence of forfeiture, on motion of the unit of government to which the property is forfeited, may appoint a receiver to dispose of the real property forfeited. The receiver is entitled to reasonable compensation. The receiver may do all of the following:

(a) List the forfeited real property for sale.

(b) Make whatever arrangements are necessary for maintaining and preserving the forfeited real property.

(c) Accept offers to purchase the forfeited real property.

(d) Execute instruments transferring title to the forfeited real property.


History: Add. 1995, Act 187, Eff. Apr. 1, 1996


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750.159s Commencement of action.

Sec. 159s.

A civil in rem forfeiture action under this chapter related to an offense included in the definition of racketeering or a violation of section 159i shall be commenced within 6 years after the activity terminates or the cause of action accrues, whichever is later.


History: Add. 1995, Act 187, Eff. Apr. 1, 1996


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750.159t Seizure of constitutionally protected materials.

Sec. 159t.

Notwithstanding any provision in this chapter, the prosecuting agency shall not seize materials presumptively protected by the first amendment to the constitution of the United States in a manner that violates that constitutional provision.


History: Add. 1995, Act 187, Eff. Apr. 1, 1996


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750.159u Civil cause of action not created by chapter.

Sec. 159u.

Except as expressly provided, this chapter does not create a civil cause of action between 2 or more persons.


History: Add. 1995, Act 187, Eff. Apr. 1, 1996


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750.159v Forfeiture proceeding under other law not precluded.

Sec. 159v.

This chapter does not preclude a prosecuting agency from pursuing a forfeiture proceeding under any other law of this state.


History: Add. 1995, Act 187, Eff. Apr. 1, 1996


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750.159w Activities unrelated to prohibited activities of enterprise.

Sec. 159w.

This chapter shall not be construed to permit the termination, suspension, or interruption of the legitimate activities of an enterprise that are unrelated to any felonious or racketeering activity forming the object of the criminal case or civil in rem forfeiture action and that may cause harm to innocent employees or members of the enterprise.


History: Add. 1995, Act 187, Eff. Apr. 1, 1996


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750.159x Notice of proposed investigation to attorney general.

Sec. 159x.

Before conducting an investigation of activity suspected to constitute a violation of section 159i, a prosecuting agency who is the prosecuting attorney of a county or his or her designee shall notify the department of the attorney general of the proposed investigation.


History: Add. 1995, Act 187, Eff. Apr. 1, 1996


© 2017 Legislative Council, State of Michigan
Chapter XXVI
DEAD HUMAN BODIES


750.160 Disinterment, mutilation, defacement, or carrying away of human body; exception.

Sec. 160.

A person, not being lawfully authorized so to do, who shall wilfully dig up, disinter, remove, or convey away a human body, or the remains thereof, from the place where the body may be interred or deposited, or who shall knowingly aid in such disinterment, removal, or conveying away, or who shall mutilate, deface, remove, or carry away a portion of the dead body of a person, whether in his charge for burial or otherwise, whenever the mutilation, defacement, removal, or carrying away is not necessary in any proper operation in embalming the body or for the purpose of a postmortem examination, and every person accessory thereto, either before or after the fact, shall be guilty of a felony, punishable by imprisonment for not more than 10 years, or by fine of not more than $5,000.00. This section shall not be construed to prohibit the digging up, disinterment, removal or carrying away for scientific purposes of the remains of prehistoric persons by representatives of established scientific institutions or societies, having the consent in writing of the owner of the land from which the remains may be disinterred, removed or carried away.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.160 ;-- Am. 1974, Act 168, Imd. Eff. June 23, 1974
Former Law: See section 21 of Ch. 158 of R.S. 1846, being CL 1857, § 5876; CL 1871, § 7711; How., § 9297; CL 1897, § 11710; CL 1915, § 15484; CL 1929, § 16836; Act 158 of 1879; Act 251 of 1919; and Act 256 of 1929.


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750.160a Photograph of decedent located in human grave prohibited; exceptions; definitions.

Sec. 160a.

(1) Subject to subsection (2), a person shall not knowingly photograph or publicly display a photograph of all or a portion of a decedent located in a human grave.

(2) Subsection (1) does not apply to a person acting pursuant to a court order, to a person who has obtained the written consent of the decedent's next of kin if the decedent's death occurred less than 100 years before the photographing or public displaying, or to a person who photographs or publicly displays a photograph described in subsection (1) for law enforcement, medical, archaeological, or scientific purposes.

(3) As used in this section:

(a) “Bottomlands of the Great Lakes” means bottomlands as that term is defined in section 76101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.76101.

(b) “Decedent” means a dead human being.

(c) “Human grave” means any of the following:

(i) A site in this state intended for the permanent interment of all or a portion of a decedent.

(ii) A location in this state, including the bottomlands of the Great Lakes, that contains all or a portion of a decedent who died in an accident or disaster and from which it is impracticable or not intended to remove all or a portion of the decedent. A location under this subparagraph includes a shipwreck and a site in the immediate vicinity of a shipwreck in which all or a portion of a decedent is located, and a mine or other underground location within which all or a portion of a decedent is located.

(d) “Photograph” includes an image on videotape, motion picture or other film, or an image captured by digital means.


History: Add. 1997, Act 62, Eff. Oct. 1, 1997


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750.160b Violation of MCL 750.160a as felony; penalty.

Sec. 160b.

A person who violates section 160a is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $5,000.00, or both.


History: Add. 1997, Act 63, Eff. Oct. 1, 1997


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750.160c Prohibited acts; violation; exceptions; “final disposition of a dead body” defined.

Sec. 160c.

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

(a) After agreeing to provide the services of a funeral director, fail or refuse to properly supervise the final disposition of that dead human body.

(b) After agreeing to provide for the final disposition of a dead human body, fail or refuse to properly dispose of that dead human body.

(2) A person who violates this section is guilty of a crime as follows:

(a) If the failure or refusal to properly supervise the final disposition of a dead human body or the failure or refusal to properly dispose of the dead human body occurs more than 60 days but not more than 180 days after the date the person takes possession of the dead human body, the person is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $10,000.00, or both.

(b) If the failure or refusal to properly supervise the final disposition of a dead human body or the failure or refusal to properly dispose of the dead human body occurs more than 180 days after the date the person takes possession of the dead human body, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $50,000.00, or both.

(3) It is not a violation of this section if the failure or refusal is due to 1 or more of the following factors:

(a) Delays due to seasonal factors relating to the method of final disposition of the dead human body.

(b) Delays due to the availability of services required to complete the final disposition of the dead human body.

(c) The directives of the person having lawful authority over final disposition of the dead human body to postpone that disposition pending funeral services, the presence of certain family members, or other activities.

(d) Delays due to the inability to obtain the necessary authorizations regarding the method of final disposition of the dead human body or due to the inability to locate individuals essential to making a decision regarding the final disposition of the dead human body.

(e) Delays due to an autopsy, investigation of the cause of death, the gathering of evidence, or other activity or procedure required by a governmental or law enforcement agency.

(f) Delays pursuant to an order issued by a court of competent jurisdiction upon petition and showing of good cause for a delay in the final disposition of a dead human body.

(4) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law that is committed by that person while violating this section.

(5) As used in this section, “final disposition of a dead human body” means cremation, burial, entombment, or other method of final disposition of a dead human body allowable under law.


History: Add. 2003, Act 267, Eff. Apr. 1, 2004


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Chapter XXVII
DESERTION AND NON-SUPPORT


750.161 Desertion, abandonment, or refusal or neglect to provide shelter, food, care, and clothing; felony; penalty; bond; probation; failure to comply with conditions in bond; forfeiture of bond; disposition of sums received; continuing offense; proof.

Sec. 161.

(1) A person who deserts and abandons his or her spouse or deserts and abandons his or her children under 17 years of age, without providing necessary and proper shelter, food, care, and clothing for them, and a person who being of sufficient ability fails, neglects, or refuses to provide necessary and proper shelter, food, care, and clothing for his or her spouse or his or her children under 17 years of age, is guilty of a felony, punishable by imprisonment in a state correctional facility for not less than 1 year and not more than 3 years, or by imprisonment in the county jail for not less than 3 months and not more than 1 year.

(2) If at any time before sentence the defendant enters into bond to the people of the state of Michigan in such penal sum for such term and with such surety or sureties as may be fixed by the court, conditioned that he or she will furnish his or her spouse and children with necessary and proper shelter, food, care, and clothing, or will pay to the clerk of the court, or other designated person, such sums of money at such times as the court shall order to be used to provide food, shelter, and clothing for his or her spouse and children, or either of them, then the court may make an order placing the defendant in charge of a probation officer. The court may require that the defendant shall from time to time report to the probation officer as provided by law. The court may extend the period of probation from time to time or the court may defer sentence in the cause, but no term of any bond or any probation period shall exceed the maximum term of imprisonment as provided for in this section.

(3) Upon failure of the defendant to comply with any of the conditions contained in the bond, the defendant may be ordered to appear before the court and show cause why sentence should not be imposed, whereupon the court may pass sentence, or for good cause shown may modify the order and further defer sentence as may be just and proper. Whenever the whereabouts of the defendant is unknown, the court may summarily issue a bench warrant for the arrest of the defendant.

(4) The court, upon default by the defendant to comply with the conditions of the bond and the orders of the court, shall notify the prosecuting attorney, who shall immediately file a petition in the court in which the cause is pending to declare the bond forfeited. A copy of the petition and a notice of hearing on the petition shall be served upon the surety or sureties, if any, named in the bond at least 4 days before the hearing of the petition. Upon holding a hearing on the petition, the court may declare the bond forfeited. When so ordered, the prosecuting attorney shall immediately institute the necessary action to collect the principal sum of the bond. If a cash bond has been filed, the cash bond shall be declared forfeited by the court.

(5) All sums received from bonds being forfeited shall be paid to the clerk of the court, who shall hold and disburse the money for the use of those entitled to the money in accordance with the orders of the court for their necessary food, care, shelter, and clothing.

(6) Desertion, abandonment, or refusal or neglect to provide necessary and proper shelter, food, care, and clothing as provided in this section shall be considered to be a continuing offense and may be so set out in any complaint or information. Proof of the offense charged at any time during the period alleged in the complaint or information shall be considered proof of a violation of this section.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1947, Act 142, Eff. Oct. 11, 1947 ;-- CL 1948, 750.161 ;-- Am. 1984, Act 277, Eff. Mar. 29, 1985
Former Law: See section 1 of Act 144 of 1907, being CL 1915, § 7789; CL 1929, § 12788; Act 114 of 1921; and Act 239 of 1923.


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750.161a Failure or refusal to pay child support; amnesty.

Sec. 161a.

Prosecution shall not be initiated against an individual under section 161, 165, 167(1)(a), or 167(2) for failure or refusal to pay child support while the individual has amnesty for that child support arrearage under section 3b of the office of child support act, 1971 PA 174, MCL 400.233b.


History: Add. 2004, Act 568, Eff. June 1, 2005


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750.162 Payments for care and support of wife or children; sworn statement.

Sec. 162.

When any person is convicted under section 161 and sentenced to serve a term of imprisonment either in 1 of the state prisons or other penal institution, the warden of the prison or superintendent of said penal institution in which said person shall be confined shall, in case funds are available for such purpose, at the end of each and every week during the period of said term of imprisonment, pay over to any of the superintendents of the poor of the city or county in which the wife or children of such person resides, the sum of 2 dollars and 50 cents per week, if there be only a wife, and 75 cents per week additional for each minor child under the age of 17 years; if there be no wife and there are children under the age of 17 years, the sum of 2 dollars and 50 cents per week for the oldest child, and an additional sum of 1 dollar per week for each of the other children under said age in lieu of any earnings of such person while an inmate therein, said sums to be expended by said superintendent of the poor for the care and support of the wife or children of said person, as the case may be; and it shall be the duty of the superintendent of the poor of the city or county from which such person shall be committed to furnish the warden of the prison or superintendent of the penal institution in which said person is confined with a sworn statement, showing the names of the wife and children who are left dependent upon the city or county for support, their ages and the relation they bear to such convicted person.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.162 ;-- Am. 1985, Act 52, Imd. Eff. June 14, 1985
Former Law: See section 2 of Act 144 of 1907, being CL 1915, § 7790; CL 1929, § 12789; Act 175 of 1913; and Act 239 of 1923.


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750.163 Complaints.

Sec. 163.

Complainants—Any of the superintendents of the poor of the city or county or the county agent of the state welfare commission for the county wherein the wife or minor children of the person complained of reside, may make the complaint under the first section of this chapter.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.163
Former Law: See section 4 of Act 144 of 1907, being CL 1915, § 7792; and CL 1929, § 12791.


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750.164 Desertion following marriage to escape prosecution.

Sec. 164.

Desertion following marriage to escape prosecution for rape, etc.—Any man or boy, who being the father of a child born out of wedlock, shall marry any woman or girl for the purpose of escaping prosecution therefor, and any man or boy who shall marry any woman or girl for the purpose of escaping prosecution for rape or seduction, and shall afterwards desert her without good cause, shall be guilty of a felony: Provided, That no prosecution shall be brought under this section after 5 years from the date of the marriage.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.164
Former Law: See section 1 of Act 284 of 1907, being CL 1915, § 7794; CL 1929, § 12793; and Act 310 of 1913.


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750.165 Failure to support spouse or child as required by court order; violation as felony; penalty; applicability; cash bond; suspension of sentence; bond; order of restitution; "state disbursement unit" or "SDU" defined.

Sec. 165.

(1) If the court orders an individual to pay support for the individual's former or current spouse, or for a child of the individual, and the individual does not pay the support in the amount or at the time stated in the order, the individual is guilty of a felony punishable by imprisonment for not more than 4 years or by a fine of not more than $2,000.00, or both.

(2) This section does not apply unless the court in which the support order was issued had personal jurisdiction over the individual ordered to pay support.

(3) Unless the individual deposits a cash bond of not less than $500.00 or 25% of the arrearage, whichever is greater, upon arrest for a violation of this section, the individual shall remain in custody until the arraignment. If the individual remains in custody, the court shall address the amount of the cash bond at the arraignment and at the preliminary examination and, except for good cause shown on the record, shall order the bond to be continued at not less than $500.00 or 25% of the arrearage, whichever is greater. At the court's discretion, the court may set the cash bond at an amount not more than 100% of the arrearage and add to that amount the amount of the costs that the court may require under section 31(3) of the support and parenting time enforcement act, 1982 PA 295, MCL 552.631. The court shall specify that the cash bond amount be entered into the law enforcement information network. If a bench warrant under section 31 of the support and parenting time enforcement act, 1982 PA 295, MCL 552.631, is outstanding for an individual when the individual is arrested for a violation of this section, the court shall notify the court handling the civil support case under the support and parenting time enforcement act, 1982 PA 295, MCL 552.601 to 552.650, that the bench warrant may be recalled.

(4) The court may suspend the sentence of an individual convicted under this section if the individual files with the court a bond in the amount and with the sureties the court requires. At a minimum, the bond must be conditioned on the individual's compliance with the support order. If the court suspends a sentence under this subsection and the individual does not comply with the support order or another condition on the bond, the court may order the individual to appear and show cause why the court should not impose the sentence and enforce the bond. After the hearing, the court may enforce the bond or impose the sentence, or both, or may permit the filing of a new bond and again suspend the sentence. The court shall order a support amount enforced under this section to be paid to the clerk or friend of the court or to the state disbursement unit.

(5) An order for restitution for a violation of this section shall not include a separate award for the unpaid amount in arrearage under the support order. The restitution order shall reference the support order and direct the individual to pay the unpaid amount in arrearage under the support order pursuant to the support order. The court may impose such terms and conditions in the restitution order as are appropriate to ensure compliance with payment of the arrearage due under the support order. The court may order additional restitution as provided under the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834.

(6) As used in this section, "state disbursement unit" or "SDU" means the entity established in section 6 of the office of child support act, 1971 PA 174, MCL 400.236.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1939, Act 89, Eff. Sept. 29, 1939 ;-- CL 1948, 750.165 ;-- Am. 1999, Act 152, Imd. Eff. Nov. 3, 1999 ;-- Am. 2004, Act 570, Imd. Eff. Jan. 3, 2005 ;-- Am. 2014, Act 377, Eff. Mar. 17, 2015
Former Law: See section 1 of Act 276 of 1917, being CL 1929, § 12781.


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750.166 Wife may testify against husband.

Sec. 166.

Wife may testify against husband—In all prosecutions under this chapter, the wife may testify against the husband without his consent.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.166
Former Law: See section 1 of Act 284 of 1907, being CL 1915, § 7794; CL 1929, § 12793; Act 310 of 1913; and section 2 of Act 276 of 1917, being CL 1929, § 12782.


© 2017 Legislative Council, State of Michigan
Chapter XXVIII
DISORDERLY PERSONS


750.167 Disorderly person; subsequent violations by person convicted of refusing or neglecting to support family; breastfeeding or expressing breast milk exempt.

Sec. 167.

(1) A person is a disorderly person if the person is any of the following:

(a) A person of sufficient ability who refuses or neglects to support his or her family.

(b) A common prostitute.

(c) A window peeper.

(d) A person who engages in an illegal occupation or business.

(e) A person who is intoxicated in a public place and who is either endangering directly the safety of another person or of property or is acting in a manner that causes a public disturbance.

(f) A person who is engaged in indecent or obscene conduct in a public place.

(g) A vagrant.

(h) A person found begging in a public place.

(i) A person found loitering in a house of ill fame or prostitution or place where prostitution or lewdness is practiced, encouraged, or allowed.

(j) A person who knowingly loiters in or about a place where an illegal occupation or business is being conducted.

(k) A person who loiters in or about a police station, police headquarters building, county jail, hospital, court building, or other public building or place for the purpose of soliciting employment of legal services or the services of sureties upon criminal recognizances.

(l) A person who is found jostling or roughly crowding people unnecessarily in a public place.

(2) If a person who has been convicted of refusing or neglecting to support his or her family under this section is charged with subsequent violations within a period of 2 years, that person shall be prosecuted as a second offender or third and subsequent offender as provided in section 168, if the family of that person is then receiving public relief or support.

(3) A mother's breastfeeding of a child or expressing breast milk does not constitute indecent or obscene conduct under subsection (1) regardless of whether or not her areola or nipple is visible during or incidental to the breastfeeding or expressing of breast milk.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1939, Act 84, Eff. Sept. 29, 1939 ;-- CL 1948, 750.167 ;-- Am. 1956, Act 110, Eff. Aug. 11, 1956 ;-- Am. 1964, Act 144, Eff. Aug. 28, 1964 ;-- Am. 1969, Act 328, Eff. Mar. 20, 1970 ;-- Am. 1974, Act 340, Eff. Jan. 1, 1977 ;-- Am. 1977, Act 109, Eff. Jan. 15, 1978 ;-- Am. 2014, Act 199, Imd. Eff. June 24, 2014
Former Law: See section 1 of Act 264 of 1889, being How., § 1997a; CL 1897, § 5923; CL 1915, § 7774; CL 1929, § 9090; and Act 35 of 1927.


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750.167a Person hunting with firearms while drunk or intoxicated; confiscation and disposition of weapons; application for or possession of hunting license for period of 3 years prohibited.

Sec. 167a.

Any person who shall be drunk or intoxicated while hunting with a firearm or other weapon under a valid hunting license shall be deemed to be a disorderly person. Upon conviction of such person, the weapon shall be confiscated and shall be delivered to the department of natural resources for disposition in the same manner as weapons confiscated for other violations of the game laws. Upon conviction under this section, the person so convicted, in addition to any punishment imposed pursuant to section 168, and as a part of any sentence imposed, shall be forbidden to apply for or possess a hunting license for a period of 3 years following the date of conviction. A violation of the conditions of such sentence shall be deemed to be a misdemeanor.


History: Add. 1952, Act 30, Eff. Sept. 18, 1952 ;-- Am. 1987, Act 148, Imd. Eff. Oct. 26, 1987
Compiler's Notes: For transfer of powers and duties of department of natural resources to department of natural resources and environment, and abolishment of department of natural resources, see E.R.O. No. 2009-31, compiled at MCL 324.99919.For transfer of powers and duties of department of natural resources and environment to department of natural resources, see E.R.O. No. 2011-1, compiled at MCL 324.99921.


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750.167b Bondsman in criminal cases; procurement of attorney; maximum charge for bond; dismissal of charge; list of bondsmen; posting; compilation; record; violation; penalty.

Sec. 167b.

(1) No person engaged, either as principal or as the clerk, agent or representative of another, in the business of becoming surety upon bonds for compensation in any criminal case, either directly or indirectly, shall give, donate, lend or contribute, or promise to give, donate, lend or contribute, any money or property to any attorney at law, police office, sheriff, jailer, probation officer, clerk or other attache of any criminal court, or public official or employee, for procuring, or assisting in procuring, any person to employ the bondsman to execute as surety any bond for compensation in any criminal case. No attorney at law, police officer, sheriff, jailer, probation officer, clerk or other attache of any criminal court, or public official or employee of any character, shall accept or receive from any person engaged in the bonding business any money or property for procuring, or assisting in procuring, any person to employ any bondsman to execute as surety any bond for compensation in any criminal case.

(2) No person engaged, either as principal or as the clerk, agent or representative of another, in the business of becoming surety upon bonds for compensation in any criminal case, either directly or indirectly, shall procure, suggest, aid in the procurement of or cause in any way whatsoever the obtaining or employing of any attorney at law for any person in a criminal case.

(3) It shall be lawful to charge for executing any bond in a criminal case, but no person engaged in the bonding business, either as principal or clerk, agent or representative of another, either directly or indirectly, shall charge, accept or receive any sum of money or property, other than the regular prevailing fee for bonding, which shall not exceed 10% of the face value of the bond for a 12 month period or any part thereof, from any person for whom he has executed bond, for any other service whatever performed in connection with any indictment, information or charge upon which the person is bailed or held. No person engaged, either as principal or as the clerk, agent or representative of another, in the bonding business shall settle or attempt to settle, or shall procure or attempt to procure, the dismissal of any indictment, information or charge against any person in custody or held upon bond with any court or with the prosecuting attorney in any court.

(4) A typewritten or printed list, alphabetically arranged, of all persons engaged in the business of becoming surety upon bonds for compensation in criminal cases within the county shall be posted in a conspicuous place in each police precinct, jail, prisoner's dock and house of detention and in every other place in which persons in custody of the law are detained, and 1 or more copies thereof shall be kept on hand. The list shall be compiled annually by the judges of the circuit court of each circuit, and the names of persons engaged in the business of becoming surety upon bonds for compensation shall be added to the list by the judges upon proper application. When any person who is detained in custody in any such place of detention requests any person in charge thereof to furnish him the name of a bondsman, or to put him in communication with a bondsman, the list shall be furnished to the person so requesting, without recommendation, and the person in charge of the place of detention within a reasonable time shall put the person detained in communication with the bondsman selected and, contemporaneously with the transaction, make in the blotter or book of record kept in any place of detention a record showing the name of the person requesting the bondsman, the offense with which the person is charged, the time at which the request was made, the bondsman requested, and the person by whom the bondsman was called, and preserve the same as a permanent record in the book or blotter in which entered.

(5) Any person violating any provision of this section shall be punished as provided in section 168.


History: Add. 1963, Act 169, Eff. Sept. 6, 1963


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750.167c Report of conviction for hunting while intoxicated; circulating list of convictions; violation by licensing agent.

Sec. 167c.

A court imposing a sentence under section 167a shall report the conviction to the department of natural resources upon forms furnished by the department. The department shall circulate a list of the convictions to each of its agents authorized to issue hunting licenses. An agent shall not knowingly issue a hunting license to an applicant whose name is on the departmental list for the period of time prescribed under section 167a. A violation of this section by the licensing agent may be grounds for suspension or revocation of the licensing agency by the department.


History: Add. 1972, Act 91, Imd. Eff. Mar. 20, 1972
Compiler's Notes: For transfer of powers and duties of department of natural resources to department of natural resources and environment, and abolishment of department of natural resources, see E.R.O. No. 2009-31, compiled at MCL 324.99919.For transfer of powers and duties of department of natural resources and environment to department of natural resources, see E.R.O. No. 2011-1, compiled at MCL 324.99921.


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750.167d Funeral, memorial service, or viewing; funeral procession; burial; prohibited conduct; violation; penalty.

Sec. 167d.

(1) A person shall not do any of the following within 500 feet of a building or other location where a funeral, memorial service, or viewing of a deceased person is being conducted or within 500 feet of a funeral procession or burial:

(a) Make any statement or gesture or engage in any conduct that would make a reasonable person attending that funeral, memorial service, viewing, procession, or burial under the circumstances feel intimidated, threatened, or harassed.

(b) Make any statement or gesture or engage in any conduct intended to incite or produce a breach of the peace among those attending that funeral, memorial service, viewing, or burial or traveling in that procession and that causes a breach of the peace among those attending that funeral, memorial service, viewing, or burial or traveling in that procession.

(c) Make any statement or gesture or engage in any conduct intended to disrupt the funeral, memorial service, viewing, procession, or burial and that disrupts the funeral, memorial service, viewing, procession, or burial.

(2) A person who violates this section is a disorderly person and is guilty of a felony punishable as provided under section 168.


History: Add. 2006, Act 148, Eff. Aug. 22, 2006 ;-- Am. 2012, Act 5, Imd. Eff. Feb. 14, 2012


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750.168 Disorderly person; penalty.

Sec. 168.

(1) Except as provided in subsection (2), a person convicted of being a disorderly person is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

(2) A person convicted of being a disorderly person under section 167d is guilty of a felony punishable as follows:

(a) Except as provided in subdivision (b), by imprisonment for not more than 2 years or a fine of not more than $5,000.00, or both.

(b) If the person was previously convicted of violating section 167d, by imprisonment for not more than 4 years or a fine of not more than $10,000.00, or both.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.168 ;-- Am. 1965, Act 320, Eff. Mar. 31, 1966 ;-- Am. 2006, Act 150, Eff. Aug. 22, 2006
Former Law: See section 2 of Act 264 of 1889, being How., § 1997a-1; CL 1897, § 5924; CL 1915, § 7775; CL 1929, § 9091; Act 190 of 1895; Act 82 of 1909; and Act 35 of 1927.


© 2017 Legislative Council, State of Michigan
Chapter XXIX
DISTURBING MEETINGS


750.169 Disruption of religious meeting; violation as misdemeanor; penalty.

Sec. 169.

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

(a) Enter or attempt to enter any private property where the person knows people are meeting or are intending to meet in the pursuit of their free exercise of religion with the intent to disrupt that meeting.

(b) After being instructed to leave, remain on or attempt to remain on any private property where the person knows people are meeting or are intending to meet in the pursuit of their free exercise of religion with the intent to disrupt that meeting.

(c) Intentionally obstruct or attempt to obstruct the entrance to or exit from any private property where the person knows people are meeting or are intending to meet in the pursuit of their free exercise of religion with the intent to disrupt or prevent that meeting.

(2) A person who violates this section is guilty of a misdemeanor punishable as follows:

(a) Except as provided in subdivision (b), by 1 or more of the following:

(i) Imprisonment for not more than 93 days.

(ii) A fine of not more than $1,000.00.

(iii) Not more than 100 hours of community service.

(b) If the person has previously been convicted of violating this section, by 1 or more of the following:

(i) Imprisonment for not more than 93 days.

(ii) A fine of not more than $5,000.00.

(iii) Not more than 200 hours of community service.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.169 ;-- Am. 2012, Act 202, Eff. Sept. 1, 2012
Former Law: See section 19 of Ch. 158 of R.S. 1846, being CL 1857, § 5874; CL 1871, § 7709; How., § 9295; CL 1897, § 11708; CL 1915, § 15482; and CL 1929, § 16834.


© 2017 Legislative Council, State of Michigan


750.170 Disturbance of lawful meetings.

Sec. 170.

Disturbance of lawful meetings—Any person who shall make or excite any disturbance or contention in any tavern, store or grocery, manufacturing establishment or any other business place or in any street, lane, alley, highway, public building, grounds or park, or at any election or other public meeting where citizens are peaceably and lawfully assembled, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.170
Former Law: See section 20 of Ch. 158 of R.S. 1846, being CL 1857, § 5875; CL 1871, § 7710; How., § 9296; CL 1897, § 11709; CL 1915, § 15483; CL 1929, § 16835; Act 191 of 1887; and Act 211 of 1909.


© 2017 Legislative Council, State of Michigan
Chapter XXX
DUELLING


750.171 Repealed. 2010, Act 96, Imd. Eff. June 22, 2010.


Compiler's Notes: The repealed section pertained to engaging in or challenging to fight duel.


© 2017 Legislative Council, State of Michigan


750.172 Repealed. 2015, Act 210, Eff. Mar. 14, 2016.


Compiler's Notes: The repealed section pertained to accepting challenge and abetting duel.


© 2017 Legislative Council, State of Michigan


750.173 Repealed. 2015, Act 210, Eff. Mar. 14, 2016.


Compiler's Notes: The repealed section pertained to a person posting or advertising that another person did not accept challenge to duel.


© 2017 Legislative Council, State of Michigan


750.173a Repealed. 2015, Act 210, Eff. Mar. 14, 2016.


Compiler's Notes: The repealed section pertained to sport of fencing as not in violation of sections of law.


© 2017 Legislative Council, State of Michigan
Chapter XXXI
EMBEZZLEMENT


750.174 Embezzlement by agent, servant or employee, or trustee, bailee, or custodian; penalty; prima facie proof of intent; enhanced sentence based on prior convictions; consecutive sentence; conditions.

Sec. 174.

(1) A person who as the agent, servant, or employee of another person, governmental entity within this state, or other legal entity or who as the trustee, bailee, or custodian of the property of another person, governmental entity within this state, or other legal entity fraudulently disposes of or converts to his or her own use, or takes or secretes with the intent to convert to his or her own use without the consent of his or her principal, any money or other personal property of his or her principal that has come to that person's possession or that is under his or her charge or control by virtue of his or her being an agent, servant, employee, trustee, bailee, or custodian, is guilty of embezzlement.

(2) If the money or personal property embezzled has a value of 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 money or property embezzled, whichever is greater, or both imprisonment and a fine.

(3) 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 money or property embezzled, whichever is greater, or both imprisonment and a fine:

(a) The money or personal property embezzled has a value of $200.00 or more but less than $1,000.00.

(b) The person violates subsection (2) and has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section.

(c) The person violates subsection (2) and the victim is a nonprofit corporation or charitable organization under federal law or the laws of this state.

(4) 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 money or property embezzled, whichever is greater, or both imprisonment and a fine:

(a) The money or personal property embezzled has a value of $1,000.00 or more but less than $20,000.00.

(b) The person violates subsection (3)(a) or (c) and has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).

(c) The person violates subsection (3)(a) and the victim is a nonprofit corporation or charitable organization under federal law or the laws of this state.

(5) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine:

(a) The money or personal property embezzled has a value of $20,000.00 or more but less than $50,000.00.

(b) The person violates subsection (4)(a) or (c) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).

(c) The person violates subsection (4)(a) and the victim is a nonprofit corporation or charitable organization under federal law or the laws of this state.

(6) If the money or personal property embezzled has a value of $50,000.00 or more but less than $100,000.00, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $25,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine.

(7) If the money or personal property embezzled has a value of $100,000.00 or more, the person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $50,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine.

(8) Except as otherwise provided in this subsection, the values of money or personal property embezzled 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 money or personal property embezzled. If the scheme or course of conduct is directed against only 1 person, governmental entity within this state, or other legal entity, no time limit applies to aggregation under this subsection.

(9) 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.

(10) In a prosecution under this section, the failure, neglect, or refusal of the agent, servant, employee, trustee, bailee, or custodian to pay, deliver, or refund to his or her principal the money or property entrusted to his or her care upon demand is prima facie proof of intent to embezzle.

(11) 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 under 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.

(12) The court may order a term of imprisonment imposed for a felony violation of this section to be served consecutively to any term of imprisonment imposed for any other criminal offense if the victim of the violation of this section was any of the following:

(a) A nonprofit corporation or charitable organization under federal law or the laws of this state.

(b) A person 60 years of age or older.

(c) A vulnerable adult as defined in section 174a.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.174 ;-- Am. 1957, Act 69, Eff. Sept. 27, 1957 ;-- Am. 1998, Act 312, Eff. Jan. 1, 1999 ;-- Am. 2006, Act 573, Eff. Mar. 30, 2007
Former Law: See sections 1 and 2 of Act 48 of 1927, being CL 1929, §§ 16980 and 16981.


© 2017 Legislative Council, State of Michigan


750.174a Vulnerable adult; prohibited conduct; violation; penalty; enhanced sentence; exceptions; consecutive sentence; definitions; report by office of services to the aging to department of human services.

Sec. 174a.

(1) A person shall not through fraud, deceit, misrepresentation, coercion, or unjust enrichment obtain or use or attempt to obtain or use a vulnerable adult's money or property to directly or indirectly benefit that person knowing or having reason to know the vulnerable adult is a vulnerable adult.

(2) If the money or property used or obtained, or attempted to be used or obtained, has a value of 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 money or property used or obtained or attempted to be used or obtained, whichever is greater, or both imprisonment and a fine.

(3) 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 money or property used or obtained or attempted to be used or obtained, whichever is greater, or both imprisonment and a fine:

(a) The money or property used or obtained, or attempted to be used or obtained, has a value of $200.00 or more but less than $1,000.00.

(b) The person violates subsection (2) and has 1 or more prior convictions for committing or attempting to commit an offense under this section.

(4) 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 money or property used or obtained or attempted to be used or obtained, whichever is greater, or both imprisonment and a fine:

(a) The money or property used or obtained, or attempted to be used or obtained, has a value of $1,000.00 or more but less than $20,000.00.

(b) The person violates subsection (3)(a) and has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).

(5) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the value of the money or property used or obtained or attempted to be used or obtained, whichever is greater, or both imprisonment and a fine:

(a) The money or property used or obtained, or attempted to be used or obtained, has a value of $20,000.00 or more but less than $50,000.00.

(b) The person violates subsection (4)(a) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).

(6) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $15,000.00 or 3 times the value of the money or property used or obtained or attempted to be used or obtained, whichever is greater, or both imprisonment and a fine:

(a) The money or property used or obtained, or attempted to be used or obtained, has a value of $50,000.00 or more but less than $100,000.00.

(b) The person violates subsection (5)(a) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).

(7) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $50,000.00 or 3 times the value of the money or property used or obtained or attempted to be used or obtained, whichever is greater, or both imprisonment and a fine:

(a) The money or property used or obtained, or attempted to be used or obtained, has a value of $100,000.00 or more.

(b) The person violates subsection (6)(a) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).

(8) Except as otherwise provided in this subsection, the values of money or property used or obtained or attempted to be used or obtained 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 money or personal property used or obtained or attempted to be used or obtained. If the scheme or course of conduct is directed against only 1 person, no time limit applies to aggregation under this subsection.

(9) 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.

(10) 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 under 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.

(11) A financial institution or a broker or a director, officer, employee, or agent of a financial institution or broker is not in violation of this section while performing duties in the normal course of business of a financial institution or broker or a director, officer, employee, or agent of a financial institution or broker.

(13) The court may order a sentence imposed for a violation of subsection (4), (5), (6), or (7) to be served consecutively to any other sentence imposed for a violation of this section.

(14) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law the person commits while violating this section.

(15) As used in this section:

(a) "Broker" means that term as defined in section 8102 of the uniform commercial code, 1962 PA 174, MCL 440.8102.

(b) "Financial institution" means a bank, credit union, saving bank, or a savings and loan chartered under state or federal law or an affiliate of a bank, credit union, saving bank, or savings and loan chartered under state or federal law.

(c) "Vulnerable adult" means that term as defined in section 145m, whether or not the individual has been determined by the court to be incapacitated.

(16) If the office of services to the aging becomes aware of a violation of this section, the office of services to the aging shall promptly report the violation to the department of human services.


History: Add. 2000, Act 222, Eff. Sept. 25, 2000 ;-- Am. 2004, Act 255, Eff. Sept. 1, 2004 ;-- Am. 2012, Act 172, Imd. Eff. June 19, 2012 ;-- Am. 2013, Act 34, Imd. Eff. May 21, 2013


© 2017 Legislative Council, State of Michigan


750.175 Embezzlement by public officer, agent or servant; penalty.

Sec. 175.

Embezzlement by public officer, his agent, etc.—Any person holding any public office in this state, or the agent or servant of any such person, who knowingly and unlawfully appropriates to his own use, or to the use of any other person, the money or property received by him in his official capacity or employment, of the value of 50 dollars or upwards, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years or by fine of not more than 5,000 dollars.

In any prosecution under this section the failure, neglect or refusal of any public officer to pay over and deliver to his successor all moneys and property which should be in his hands as such officer, shall be prima facie evidence of an offense against the provisions of this section.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.175
Former Law: See section 1 of Act 186 of 1929, being CL 1929, § 16985.


© 2017 Legislative Council, State of Michigan


750.176 Embezzlement by administrator, executor or guardian; penalty.

Sec. 176.

Embezzlement by administrator, executor or guardian—Any general or special administrator or any executor or guardian, who has been appointed by a judge of probate and who has collected any goods, chattels, money or effects of the deceased or ward, and who has wilfully appropriated the same to his own use and who has been ordered by the judge of probate forthwith to deliver to his successor in trust, ward or any person lawfully entitled thereto, all the goods, chattels, money or effects of the deceased or ward in his hands, and who shall wilfully omit, neglect or refuse for 60 days to obey said orders, shall be deemed to have committed the crime of embezzlement, and shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 10 years, or by fine not more than 5,000 dollars: Provided, That in case such order shall be appealed from, said period of 60 days shall be reckoned from the affirmance of the order in the circuit or supreme court.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.176
Former Law: See section 1 of Act 208 of 1889, being How., § 9191a; CL 1897, § 11610; CL 1915, § 15375; CL 1929, § 16983; and Act 51 of 1895.


© 2017 Legislative Council, State of Michigan


750.177 Embezzlement by chattel mortgagor, vendee or lessee; penalty; enhanced sentence based on prior convictions.

Sec. 177.

(1) A person shall not embezzle or fraudulently remove, conceal, or dispose of any personal property held by him or her subject to a chattel mortgage or written instrument intended to operate as a chattel mortgage, a lease or written instrument intended to operate as a lease, or a contract to purchase not yet fulfilled with intent to injure or defraud the mortgagee, lessor, or vendor under the contract or any assignee of the mortgagee, lessor, or vendor.

(2) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the value of the property embezzled, removed, concealed, or disposed of, whichever is greater, or both imprisonment and a fine:

(a) The property embezzled, removed, concealed, or disposed of has a value of $20,000.00 or more.

(b) The person violates subsection (3)(a) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (4)(b) or (5).

(3) 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 property embezzled, removed, concealed, or disposed of, whichever is greater, or both imprisonment and a fine:

(a) The property embezzled, removed, concealed, or disposed of has a value of $1,000.00 or more but less than $20,000.00.

(b) The person violates subsection (4)(a) and has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (4)(b) or (5).

(4) 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 property embezzled, removed, concealed, or disposed of, whichever is greater, or both imprisonment and a fine:

(a) The property embezzled, removed, concealed, or disposed of has a value of $200.00 or more but less than $1,000.00.

(b) The person violates subsection (5) and has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section.

(5) If the property embezzled, removed, concealed, or disposed of has a value of 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 property embezzled, removed, concealed, or disposed of, whichever is greater, or both imprisonment and a fine.

(6) Except as otherwise provided in this subsection, the values of property embezzled, removed, concealed, or disposed of 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 property embezzled, removed, concealed, or disposed of. If the scheme or course of conduct is directed against only 1 mortgagee, lessor, or vendor, no time limit applies to aggregation under this subsection.

(7) 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.

(8) 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.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.177 ;-- Am. 1959, Act 119, Eff. Mar. 19, 1960 ;-- Am. 1998, Act 312, Eff. Jan. 1, 1999
Former Law: See section 1 of Act 179 of 1927, being CL 1929, § 16977.


© 2017 Legislative Council, State of Michigan


750.178 Embezzlement of chattel mortgage, lease, or contract property by others; violation; penalty; enhanced sentence based on prior convictions.

Sec. 178.

(1) A person shall not embezzle or fraudulently remove, conceal, or dispose of any personal property that has been mortgaged, leased, or purchased under a contract to purchase not yet fulfilled by another person knowing the personal property has been mortgaged, leased, or purchased and with the intent to injure or defraud the mortgagee, lessor, or vendor under the contract, or any assignee of the mortgagee, lessor, or vendor.

(2) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the value of the property embezzled, removed, concealed, or disposed of, whichever is greater, or both imprisonment and a fine:

(a) The property embezzled, removed, concealed, or disposed of has a value of $20,000.00 or more.

(b) The person violates subsection (3)(a) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (4)(b) or (5).

(3) 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 property embezzled, removed, concealed, or disposed of, whichever is greater, or both imprisonment and a fine:

(a) The property embezzled, removed, concealed, or disposed of has a value of $1,000.00 or more but less than $20,000.00.

(b) The person violates subsection (4)(a) and has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (4)(b) or (5).

(4) 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 property embezzled, removed, concealed, or disposed of, whichever is greater, or both imprisonment and a fine:

(a) The property embezzled, removed, concealed, or disposed of has a value of $200.00 or more but less than $1,000.00.

(b) The person violates subsection (5) and has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section.

(5) If the property embezzled, removed, concealed, or disposed of has a value of 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 property embezzled, removed, concealed, or disposed of, whichever is greater, or both imprisonment and a fine.

(6) Except as otherwise provided in this subsection, the values of property embezzled, removed, concealed, or disposed of 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 property embezzled, removed, concealed, or disposed of. If the scheme or course of conduct is directed against only 1 mortgagee, lessor, or vendor, no time limit applies to aggregation under this subsection.

(7) 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.

(8) 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.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.178 ;-- Am. 1959, Act 119, Eff. Mar. 19, 1960 ;-- Am. 1998, Act 312, Eff. Jan. 1, 1999
Former Law: See section 2 of Act 179 of 1927, being CL 1929, § 16978.


© 2017 Legislative Council, State of Michigan


750.179 Repealed. 2002, Act 294, Imd. Eff. May 9, 2002.


Compiler's Notes: The repealed section pertained to embezzlement of railroad passenger tickets.


© 2017 Legislative Council, State of Michigan


750.180 Embezzlement in bank, deposit, trust company, or credit union; penalty.

Sec. 180.

Any president, director, secretary, cashier, treasurer or other officer, teller, clerk, agent, receiver or conservator, or agent or employee of such receiver or conservator of any bank, trust company, credit union or safe or safety and collateral deposit company, who embezzles, abstracts or wilfully misapplies any of the moneys, funds, credits or property of the bank, trust company, credit union or safe or safety and collateral deposit company, whether owned by it or held in trust, or who, without authority of the directors or proper officers, issues or puts forth any certificate of deposit, draws any order or bill of exchange, makes any acceptance, assigns any note, bond, draft, bill of exchange, mortgage, judgment or decree, or who makes any false entry in any book, report or statement of the bank, trust company, credit union or safe or safety and collateral deposit company with intent in either case to injure or defraud the bank, trust company, credit union or safe or safety and collateral deposit company or any company, corporation or person or to deceive any officer of the bank, trust company, credit union or safe or safety and collateral deposit company, or any agent, receiver or conservator, or agent or employee of such receiver or conservator appointed to examine the affairs of such bank, trust company, credit union or safe or safety and collateral deposit company; and any person who with like intent aids or abets any officer, clerk, agent, receiver or conservator, or agent or employee of such receiver or conservator, in violation of this section or who shall issue or cause to be issued or put in circulation, any bill, note or other evidence of debt to circulate as money, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 20 years.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1937, Act 164, Imd. Eff. July 9, 1937 ;-- CL 1948, 750.180 ;-- Am. 1960, Act 31, Eff. Aug. 17, 1960
Former Law: See section 66 of Act 66 of 1929, being CL 1929, § 11963; and section 41 of Act 67 of 1929, being CL 1929, § 12037.


© 2017 Legislative Council, State of Michigan


750.181 Embezzlement of property belonging to person and part owner; violation; penalty; enhanced sentence based on prior convictions.

Sec. 181.

(1) An agent, servant, employee, trustee, bailee, custodian, attorney-at-law, collector, or other person who receives or collects in any manner money or other personal property that is partly the property of another person, governmental entity within this state, or other legal entity and partly the property of the agent, servant, employee, trustee, bailee, custodian, attorney-at-law, collector, or other person shall not embezzle, fraudulently dispose of, convert to his or her own use, or take or secrete with intent to embezzle or convert to his or her own use the money or personal property without the consent of the part owner of the money or personal property.

(2) If the money or personal property embezzled, disposed of, converted, taken, or secreted has a value of 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 money or property embezzled, disposed of, converted, taken, or secreted, whichever is greater, or both imprisonment and a fine.

(3) 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 money or property embezzled, disposed of, converted, taken, or secreted, whichever is greater, or both imprisonment and a fine:

(a) The money or personal property embezzled, disposed of, converted, taken, or secreted has a value of $200.00 or more but less than $1,000.00.

(b) The person violates subsection (2) and has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section.

(4) 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 money or property embezzled, disposed of, converted, taken, or secreted, whichever is greater, or both imprisonment and a fine:

(a) The money or personal property embezzled, disposed of, converted, taken, or secreted has a value of $1,000.00 or more but less than $20,000.00.

(b) The person violates subsection (3)(a) and has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).

(5) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the value of the money or property embezzled, disposed of, converted, taken, or secreted, whichever is greater, or both imprisonment and a fine:

(a) The money or personal property embezzled, disposed of, converted, taken, or secreted has a value of $20,000.00 or more.

(b) The person violates subsection (4)(a) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).

(6) Except as otherwise provided in this subsection, the values of money or property embezzled, disposed of, converted, taken, or secreted 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 money or personal property embezzled, disposed of, converted, taken, or secreted. If the scheme or course of conduct is directed against only 1 person, governmental entity within this state, or other legal entity, no time limit applies to aggregation under this subsection.

(7) 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.

(8) In a prosecution under this section, it is not a defense that the agent, servant, employee, trustee, bailee, custodian, attorney-at-law, collector, or other person was entitled to a compensation out of the money or personal property as compensation for collecting or receiving it for its owner, but it is not embezzlement by the agent, servant, employee, trustee, bailee, custodian, attorney-at-law, collector, or other person to retain his or her reasonable collection fee on the collection or any other valid interest he or she has in the money or personal property.

(9) In a prosecution under this section, the failure, neglect, or refusal of the agent, servant, employee, trustee, bailee, custodian, attorney-at-law, collector, or other person to pay, deliver, or refund to the proper person the money or personal property entrusted to his or her care, upon demand, is prima facie proof of intent to embezzle.

(10) 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.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.181 ;-- Am. 1959, Act 119, Eff. Mar. 19, 1960 ;-- Am. 1998, Act 312, Eff. Jan. 1, 1999
Former Law: See section 55 of Ch. 154 of R.S. 1846, being How., § 9176a; CL 1897, § 11591; CL 1915, § 15336; CL 1929, § 16932; Act 110 of 1885; and Act 114 of 1897.


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750.182 Embezzlement by warehouseman or forwarder of property receipted for.

Sec. 182.

Embezzlement or conversion by warehouseman or forwarder of property receipted for—Any warehouseman or forwarder, or other person who shall have issued a receipt or certificate for flour, wheat, pot or pearl ashes, or any grain, produce or thing of value, or shall receive property on deposit or for sale on a specific contract or understanding, and shall, after issuing said receipt or certificate or receiving such property, embezzle, dispose of or convert to his own use, such property or the moneys received on the sale of such property, contrary to such receipt or certificate, or to the previous contract or understanding, shall be guilty of a felony.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.182
Former Law: See section 37 of Ch. 154 of R.S. 1846, being CL 1857, § 5781; CL 1871, § 7588; How., § 9159; CL 1897, § 11573; CL 1915, § 15318; CL 1929, § 16914; and Act 270 of 1881.


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750.182a Falsification of school records; penalty; suspension of teacher's certificate.

Sec. 182a.

Any officer or employee of a school district who shall wilfully falsify any record required to be kept under the provisions of Act No. 26 of the Public Acts of the First Extra Session of 1948, as amended, being sections 388.1 to 388.41, inclusive, of the Compiled Laws of 1948, or any other school law of this state, having a bearing on school aid, shall be guilty of a misdemeanor, punishable by a fine of not more than $2,500.00 or imprisonment in state prison for not more than 2 years, or both, in the discretion of the court. The teacher's certificate of any person who shall be convicted of wilfully falsifying any such record shall be suspended for a period of 5 years and for such additional period as the superintendent of public instruction may determine.


History: Add. 1953, Act 90, Imd. Eff. May 19, 1953


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Chapter XXXII
ESCAPES, RESCUES, JAIL AND PRISON BREAKING


750.183 Facilitating escape of or assisting prisoners; penalty.

Sec. 183.

Any person who conveys into any jail, prison, or other like place of confinement, any disguise or any instrument, tool, weapon, or other thing, adapted or useful to aid any prisoner in making his or her escape, with intent to facilitate the escape of any prisoner there lawfully committed or detained, or shall by any means whatever, aid or assist any prisoner in his or her endeavor to escape therefrom, whether such escape be effected or attempted, or not, and every person who shall forcibly rescue any prisoner, held in custody upon any conviction or charge of an offense, is guilty of a felony punishable by imprisonment in the state prison not more than 7 years; or, if the person whose escape or rescue was effected or intended, was charged with an offense not capital, nor punishable by imprisonment in the state prison, then the offense mentioned in this section shall be a misdemeanor and shall be punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.183 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 11 of Ch. 156 of R.S. 1846, being CL 1857, § 5830; CL 1871, § 7663; How., § 9245; CL 1897, § 11315; CL 1915, § 14982; and CL 1929, § 16573.


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750.184 Aiding escape from officer; penalty.

Sec. 184.

Any person who shall aid or assist any prisoner in escaping or attempting to escape from any officer or person who shall have the lawful custody of such prisoner is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.184 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 12 of Ch. 156 of R.S. 1846, being CL 1857, § 5831; CL 1871, § 7664; How., § 9246; CL 1897, § 11316; CL 1915, § 14983; and CL 1929, § 16574.


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750.185 Repealed. 2018, Act 140, Eff. Aug. 8, 2018.


Compiler's Notes: The repealed section pertained to girls' training school at Adrian, Michigan.


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750.186 Boys' vocational school; assisting or enticing to escape; aiding ward to leave state; penalty.

Sec. 186.

Any person, not an inmate, who shall knowingly aid or assist any boy who is an inmate of boys' vocational school, to escape therefrom, or who shall knowingly aid, assist or entice any boy who has been committed to said school, and who is a subject thereof, to escape from a home in which said boy has been placed by officers of said school, or shall knowingly aid any such ward to leave the state, without the consent of the superintendent of said school, shall be guilty of a misdemeanor punishable by a fine of not more than $1,000.00 or imprisonment for not more than 1 year in the county jail, or both.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.186 ;-- Am. 1953, Act 114, Eff. Oct. 2, 1953
Former Law: See section 18 of Act 143 of 1903, being CL 1915, § 1522; CL 1929, § 7954; and Act 47 of 1909.


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750.186a Escape from juvenile facility; violation as felony; penalty; “escape” and “juvenile facility” defined.

Sec. 186a.

(1) An individual who is placed in a juvenile facility and who escapes or attempts to escape from that juvenile facility or from the custody of an employee of that juvenile facility is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

(2) As used in this section:

(a) “Escape” means to leave without lawful authority or to fail to return to custody when required.

(b) “Juvenile facility” means a county facility, an institution operated as an agency of the county or the family division of circuit court, or an institution or agency described in the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309, to which the individual has been committed under section 18(1)(e) of chapter XIIA of 1939 PA 288, MCL 712A.18, after coming within the court's jurisdiction under section 2(a)(1) of chapter XIIA of 1939 PA 288, MCL 712A.2, for an offense that if committed by an adult would be a felony or a misdemeanor or to which the individual has been committed under section 27a of chapter IV or section 1 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 764.27a and 769.1.


History: Add. 1996, Act 256, Eff. Jan. 1, 1997 ;-- Am. 1998, Act 526, Imd. Eff. Jan. 12, 1999


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750.187 Repealed. 1974, Act 258, Eff. Aug. 6, 1975.


Compiler's Notes: The repealed section pertained to aiding inmate to escape from state institution.


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750.188 Voluntarily suffering prisoner to escape.

Sec. 188.

Voluntarily suffering prisoner to escape—Any jailor, or other officer who shall voluntarily suffer any prisoner in his custody, upon conviction, or upon any criminal charge, to escape, shall suffer the like punishment and penalties as the prisoner so suffered to escape was sentenced to, or would be liable to suffer upon conviction, for the crime or offense wherewith he stood charged.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.188
Former Law: See section 13 of Ch. 156 of R.S. 1846, being CL 1857, § 5832; CL 1871, § 7665; How., § 9247; CL 1897, § 11317; CL 1915, § 14984; and CL 1929, § 16575.


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750.189 Negligently suffering escape; refusing to receive prisoner.

Sec. 189.

Negligently suffering escape and refusing to receive a prisoner—Any jailor or other officer who shall through negligence, suffer any prisoner in his custody upon conviction or upon any criminal charge, to escape, or who shall wilfully refuse to receive into his custody any prisoner lawfully committed thereto, on any criminal charge or conviction, or any lawful process whatever, shall be guilty of a misdemeanor, punishable by imprisonment in the county jail not more than 2 years, or by fine of not more than 1,000 dollars.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.189
Former Law: See section 14 of Ch. 156 of R.S. 1846, being CL 1857, § 5833; CL 1871, § 7666; How., § 9248; CL 1897, § 11318; CL 1915, § 14985; and CL 1929, § 16576.


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750.190 Receiving reward for assisting an escape.

Sec. 190.

Receiving reward for assisting an escape—Any sheriff or other officer, who shall demand or receive any reward, gratuity or valuable thing, to procure, assist, connive at or permit any escape of any prisoner in his custody, shall be guilty of a misdemeanor, punishable by imprisonment in the county jail not more than 2 years, or by fine of not more than 1,000 dollars.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.190
Former Law: See section 47 of Ch. XXV of Act 314 of 1915, being CL 1915, § 13025; and CL 1929, § 14754.


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750.191 Refusing, omitting, and delaying to serve process.

Sec. 191.

Any officer authorized to serve process, who willfully and corruptly refuses to execute any lawful process to him or her directed, and requiring him or her to apprehend or confine any person convicted or charged with an offense, or who willfully and corruptly omits or delays to execute such process, whereby such person shall escape and go at large, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.191 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 15 of Ch. 156 of R.S. 1846, being CL 1857, § 5834; CL 1871, § 7667; How., § 9249; CL 1897, § 11319; CL 1915, § 14986; and CL 1929, § 16577.


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750.192 Prisoners of Wisconsin being transported.

Sec. 192.

It shall be lawful for any sheriff, coroner, constable, or other officer of the state of Wisconsin or other person lawfully authorized under the laws of the state of Wisconsin to act as any such officer, having in his or her lawful custody any person or persons, arrested in the state of Wisconsin, under a criminal warrant or process, or under any writ, order, or process in a civil action or proceeding, issued out of or by any court of said state of Wisconsin, or by any officer of said state of Wisconsin, authorized to issue such warrant, writ, process, or order, to convey or transport the prisoner through any portion of the state of Michigan, whenever it shall be necessary or convenient so to do in order to bring the prisoner before any such court or officer of the state of Wisconsin, or to deliver the prisoner to any jailor, or commit the prisoner to any prison of said state of Wisconsin, for any lawful purpose whatsoever. Any such officer of the state of Wisconsin, while in the state of Michigan with any prisoner or prisoners in the officer's custody for the purposes aforesaid, has all the rights and powers in relation to such prisoner or prisoners as would a sheriff of this state.

An officer of this state shall not discharge any such prisoner from custody under writ of habeas corpus or other proceeding brought for that purpose, when it shall be made to appear that the prisoner is in custody as in the preceding paragraph stated. And it shall be a sufficient answer to said writ of habeas corpus or other proceeding, by the officer or person having such custody, that he or she holds the prisoner by virtue of a lawful warrant, writ, process, or order as in the preceding paragraph stated, and he or she shall annex to the answer a copy of the warrant, writ, process, or order under which he or she claims custody of the prisoner.

Any person who shall in any manner aid or assist a prisoner so being conveyed or transported through this state to escape from the officer or person having the prisoner so in lawful custody, or who resists the officer or person while engaged in conveying or transporting the prisoner through this state, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.192 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See sections 1 to 3 of Act 8 of 1881, being How., §§ 9364 to 9366; CL 1897, §§ 11393 to 11395; CL 1915, §§ 15111 to 15113; and CL 1929, §§ 16591 to 16593.


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750.193 Breaking prison, escaping, attempting to break prison, or attempting to escape as felony; penalty; place of trial; “prison” defined; escaping from lawful custody outside confines of prison; escape from mental health facility; violation by person released under work pass program; person violating parole not escapee.

Sec. 193.

(1) A person imprisoned in a prison of this state who breaks prison and escapes, breaks prison though an escape is not actually made, escapes, leaves the prison without being discharged by due process of law, attempts to break prison, or attempts to escape from prison, is guilty of a felony, punishable by further imprisonment for not more than 5 years. The term of the further imprisonment shall be served after the termination, pursuant to law, of the sentence or sentences then being served. A prisoner who breaks prison, escapes, attempts to break prison, or attempts to escape, shall be charged with that offense and tried in the courts of the county in which the prison or penal facility to which the prisoner was committed or transferred is located at the time of the breaking, escape, or attempt to break or escape.

(2) As used in this section, “prison” means a facility that houses prisoners committed to the jurisdiction of the department of corrections and includes the grounds, farm, shop, road camp, or place of employment operated by the facility or under control of the officers of the facility, the department of corrections, a police officer of this state, or any other person authorized by the department of corrections to have a prisoner under care, custody, or supervision, either in a facility or outside a facility, whether for the purpose of work, medical care, or any other reason.

(3) A person who escapes from the lawful custody of a guard, prison official, or an employee while outside the confines of a prison is guilty of a violation of this section. A person, admitted to a facility of the department of mental health from a prison pursuant to sections 1001 to 1006 of the mental health code, 1974 PA 258, MCL 330.2001 to 330.2006, who escapes from the mental health facility is guilty of a violation of this section. A person released from prison under a work pass program who violates the terms of the release or fails to return to the place of imprisonment within the time provided is guilty of a violation of this section. A person violating the conditions of a parole is not an escapee under this act.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1943, Act 56, Eff. July 30, 1943 ;-- CL 1948, 750.193 ;-- Am. 1955, Act 264, Eff. Oct. 14, 1955 ;-- Am. 1956, Act 6, Imd. Eff. Mar. 9, 1956 ;-- Am. 1958, Act 215, Eff. Sept. 13, 1958 ;-- Am. 1967, Act 103, Eff. Nov. 2, 1967 ;-- Am. 1978, Act 631, Imd. Eff. Jan. 8, 1979 ;-- Am. 1988, Act 167, Eff. July 1, 1988 ;-- Am. 1998, Act 510, Imd. Eff. Jan. 8, 1999
Former Law: See section 24 of Ch. 156 of R.S. 1846, being CL 1857, § 5843; CL 1871, § 7676; How., § 9258; CL 1897, § 11328; CL 1915, § 14995; CL 1929, § 16586; Act 100 of 1925; and Act 7 of 1927.


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750.194 Repealed. 1985, Act 52, Imd. Eff. June 14, 1985.


Compiler's Notes: The repealed section pertained to escaping from Detroit house of correction.


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750.195 Breaking, escaping, or leaving jail as felony; penalty; section inapplicable to person leaving jail pursuant to day parole; “jail” defined.

Sec. 195.

(1) A person lawfully imprisoned in a jail for a term imposed for a misdemeanor who breaks jail and escapes, breaks jail though an escape is not actually made, escapes, leaves the jail without being discharged from the jail by due process of law, or attempts to escape from the jail, is guilty of a felony, punishable by imprisonment for not more than 2 years, or by a fine of not more than $1,000.00, or both.

(2) A person lawfully imprisoned in a jail for a term imposed for a felony who breaks jail and escapes, breaks jail though an escape is not actually made, escapes, leaves the jail without being discharged from the jail by due process of law, or attempts to escape from the jail, is guilty of a felony. A person who violates this subsection shall be imprisoned for the unexpired portion of the term of imprisonment the person was serving at the time of the violation, and any term of imprisonment imposed for the violation of this subsection shall begin to run at the expiration of that prior term of imprisonment.

(3) This section does not apply to a person who left the jail pursuant to a day parole granted for any purpose under section 1 of Act No. 60 of the Public Acts of 1962, being section 801.251 of the Michigan Compiled Laws, and who is absent from the jail after the time he or she was required to return to the jail unless the person has the intent to escape from imprisonment.

(4) As used in this section, “jail” means a facility that is operated by a local unit of government for the detention of persons charged with, or convicted of, criminal offenses or ordinance violations, or persons found guilty of civil or criminal contempt.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.195 ;-- Am. 1987, Act 212, Eff. Mar. 30, 1988
Former Law: See sections 28 to 30 of Ch. 171 of R.S. 1846, being CL 1857, §§ 6156 to 6158; CL 1871, §§ 8045 to 8047; How., §§ 9661 to 9663; CL 1897, §§ 2677 to 2679; CL 1915, §§ 2548 to 2550; CL 1929, §§ 17694 to 17696; and Act 146 of 1875.


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750.196 Breaking prison; county work farm, factory or shop.

Sec. 196.

Breaking, escaping or attempting to break or escape from county work farms, etc.—Any person lawfully committed to any work farm, factory or shop established and provided by law by the various counties of this state for the confinement, punishment and reformation of persons sentenced thereto, who shall escape from or break away therefrom with intent to escape therefrom, or who shall attempt by any force or violence or in any other manner to break or escape from said work farm, factory or shop, whether such escape be effected or not, shall be guilty of a misdemeanor, punishable by imprisonment at said work farm, factory or shop or in the county jail of such county at the discretion of the court, for a term of not more than double the term for which he was so sentenced, to commence from and after the expiration of his former sentence.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.196
Former Law: See section 13 of Act 78 of 1917, being CL 1929, § 17732.


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750.197 Breaking, escaping, or leaving jail or place of confinement; breaking or escaping while in or being transferred to or from courtroom or court house; felony; penalty; section inapplicable to person leaving jail pursuant to day parole; “jail” defined.

Sec. 197.

(1) A person lawfully imprisoned in a jail or place of confinement established by law, awaiting examination, trial, arraignment, or sentence for a misdemeanor, who breaks the jail or place of confinement and escapes; who breaks the jail, although no escape is actually made; who escapes; who leaves the jail or place of confinement without being discharged from the jail or place of confinement by due process of law; who breaks or escapes while in or being transferred to or from a courtroom or courthouse, or a place where court is being held; or who attempts to break or escape from the jail or place of confinement is guilty of a felony, punishable by imprisonment for not more than 2 years, or by a fine of not more than $1,000.00, or both.

(2) A person lawfully imprisoned in a jail or place of confinement established by law, awaiting examination, trial, arraignment, or sentence for a felony; or after sentence for a felony awaiting or during transfer to or from a prison, who breaks the jail or place of confinement and escapes; who breaks the jail, although no escape is actually made; who escapes; who leaves the jail or place of confinement without being discharged from the jail or place of confinement by due process of law; who breaks or escapes while in or being transferred to or from a courtroom or courthouse, or a place where court is being held; or who attempts to break or escape from the jail or place of confinement is guilty of a felony. A term of imprisonment imposed for a violation of this subsection shall begin to run at the expiration of any term of imprisonment imposed for the offense for which the person was imprisoned at the time of the violation of this subsection.

(3) This section does not apply to a person who left the jail pursuant to a day parole granted for any purpose under section 1 of Act No. 60 of the Public Acts of 1962, being section 801.251 of the Michigan Compiled Laws, and who is absent from the jail after the time he or she was required to return to the jail unless the person has the intent to escape from imprisonment.

(4) As used in this section, “jail” means a facility that is operated by a local unit of government for the detention of persons charged with, or convicted of, criminal offenses or ordinance violations, or persons found guilty of civil or criminal contempt.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.197 ;-- Am. 1949, Act 240, Eff. Sept. 23, 1949 ;-- Am. 1955, Act 264, Eff. Oct. 14, 1955 ;-- Am. 1987, Act 212, Eff. Mar. 30, 1988
Former Law: See section 28 of Ch. 171 of R.S. 1846, being CL 1857, § 6156; CL 1871, § 8045; How., § 9661; CL 1897, § 2677; CL 1915, § 2548; CL 1929, § 17694; and Act 146 of 1875.


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750.197a Breaking or escaping from lawful custody under criminal process.

Sec. 197a.

A person who breaks or escapes from lawful custody under any criminal process, including periods while at large on bail, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.


History: Add. 1955, Act 264, Eff. Oct. 14, 1955 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003


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750.197b Repealed. 1974, Act 258, Eff. Aug. 6, 1975.


Compiler's Notes: The repealed section pertained to criminal sexual psychopathic person leaving state without permission.


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750.197c Breaking or escaping jail, health care facility, or other place of confinement; violation as felony; penalty; definitions.

Sec. 197c.

(1) A person lawfully imprisoned in a jail, other place of confinement established by law for any term, or lawfully imprisoned for any purpose at any other place, including, but not limited to, hospitals and other health care facilities or awaiting examination, trial, arraignment, sentence, or after sentence awaiting or during transfer to or from a prison, for a crime or offense, or charged with a crime or offense who, without being discharged from the place of confinement, or other lawful imprisonment by due process of law, through the use of violence, threats of violence or dangerous weapons, assaults an employee of the place of confinement or other custodian knowing the person to be an employee or custodian or breaks the place of confinement and escapes, or breaks the place of confinement although an escape is not actually made, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500.00, or both.

(2) As used in this section:

(a) "Place of confinement" includes a correctional facility operated by the department of corrections, a local unit of government, or a private vendor under section 20i of 1953 PA 232, MCL 791.220i.

(b) "Employee" includes persons who are employed by the place of confinement as independent contractors.


History: Add. 1967, Act 59, Eff. Nov. 2, 1967 ;-- Am. 1976, Act 188, Eff. Jan. 1, 1977 ;-- Am. 1998, Act 510, Imd. Eff. Jan. 8, 1999 ;-- Am. 2006, Act 535, Imd. Eff. Dec. 29, 2006


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750.198 Repealed. 1974, Act 258, Eff. Aug. 6, 1975.


Compiler's Notes: The repealed section pertained to conveying weapons or other implements into state mental institution.


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750.199 Concealing or harboring person who has escaped; violation; penalties; "peace officer" defined.

Sec. 199.

(1) A person who knowingly or willfully conceals or harbors for the purpose of concealment from a peace officer a person who has escaped or is escaping from lawful custody in violation of this chapter 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 who knowingly or willfully conceals or harbors for the purpose of concealment from a peace officer a person who is the subject of 1 or more of the following 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:

(a) An arrest warrant for a misdemeanor.

(b) A bench warrant in a civil case other than a civil infraction under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

(c) A bench warrant in a criminal case if the underlying crime charged is a misdemeanor.

(3) A person who knowingly or willfully conceals or harbors for the purpose of concealment from a peace officer a person who is the subject of 1 or more of the following is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both:

(a) An arrest warrant for a felony.

(b) A bench warrant in a criminal case if the underlying crime charged is a felony.

(4) As used in this section, "peace officer" means that term as defined in section 215.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.199 ;-- Am. 2006, Act 242, Eff. Sept. 28, 2006


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750.199a Absconding or forfeiting bond in criminal or paternity proceedings; felony.

Sec. 199a.

Any person who shall abscond on or forfeit a bond given in any criminal proceedings wherein a felony is charged shall be deemed guilty of a felony. Any person who shall abscond on or forfeit a recognizance or cash deposit made in lieu thereof in paternity proceedings pursuant to the provisions of Act No. 205 of the Public Acts of 1956, as amended, being sections 722.711 to 722.730 of the Compiled Laws of 1948, shall be guilty of a felony.


History: Add. 1949, Act 94, Eff. Sept. 23, 1949 ;-- Am. 1962, Act 79, Eff. Mar. 28, 1963


© 2017 Legislative Council, State of Michigan
Chapter XXXIII
EXPLOSIVES AND BOMBS, AND HARMFUL DEVICES


750.200 Explosives; common carriers for passengers; transportation.

Sec. 200.

(1) A person shall not transport, carry, or convey dynamite, gunpowder, or any other explosive between any places within this state on any vessel, car, or vehicle of any description that is operated by a common carrier and that is carrying passengers for hire. A person who violates this section is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $3,000.00, or both.

(2) This section does not prohibit the transportation of any of the following:

(a) Small arms ammunition in any quantity.

(b) Fuses, torpedoes, rockets, or other signal devices essential to promote safety in operation.

(c) Properly packed and marked samples for laboratory examination that do not exceed a net weight of 1/2 pound each and that do not exceed 20 samples at 1 time in a single vessel, car, or vehicle if the samples are not carried in that part of a vessel, car, or vehicle that is intended for transporting passengers for hire.

(3) This section does not prohibit the transportation of military or naval forces with their accompanying munitions of war on passenger equipment vessels, cars, or vehicles.

(4) This section does not apply to the transportation of benzine, naphtha, gasoline, or kerosene.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.200 ;-- Am. 1998, Act 206, Eff. Oct. 1, 1998
Former Law: See section 1 of Act 182 of 1909, being CL 1915, § 15251; and CL 1929, § 16795.


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750.200h Definitions.

Sec. 200h.

As used in this chapter:

(a) “Chemical irritant” means solid, liquid, or gas that through its chemical or physical properties, alone or in combination with 1 or more other substances, can be used to produce an irritant effect in humans, animals, or plants.

(b) “Chemical irritant device” means a device designed or intended to release a chemical irritant.

(c) “Computer”, “computer network”, and “computer system” mean those terms as defined in section 145d.

(d) “Deliver” means that actual or constructive transfer of a substance or device from 1 person to another regardless of any agency relationship.

(e) “For an unlawful purpose” includes, but is not limited to, having the intent to do any of the following:

(i) Frighten, terrorize, intimidate, threaten, harass, injure, or kill any person.

(ii) Damage or destroy any real or personal property without the permission of the property owner or, if the property is public property, without the permission of the governmental agency having authority over the property.

(f) “Harmful biological device” means a device designed or intended to release a harmful biological substance.

(g) “Harmful biological substance” means a bacteria, virus, or other microorganism or a toxic substance derived from or produced by an organism that can be used to cause death, injury, or disease in humans, animals, or plants.

(h) “Harmful chemical device” means a device that is designed or intended to release a harmful chemical substance.

(i) “Harmful chemical substance” means a solid, liquid, or gas that through its chemical or physical properties, alone or in combination with 1 or more other chemical substances, can be used to cause death, injury, or disease in humans, animals, or plants.

(j) “Harmful radioactive material” means material that is radioactive and that can be used to cause death, injury, or disease in humans, animals, or growing plants by its radioactivity.

(k) “Harmful electronic or electromagnetic device” means a device designed to emit or radiate or that, as a result of its design, emits or radiates an electronic or electromagnetic pulse, current, beam, signal, or microwave that is intended to cause harm to others or cause damage to, destroy, or disrupt any electronic or telecommunications system or device, including, but not limited to, a computer, computer network, or computer system.

(l) “Harmful radioactive device” means a device that is designed or intended to release a harmful radioactive material.

(m) “Imitation harmful substance or device” means a substance or device that is designed or intended to represent 1 or more of the following or that is alleged to be 1 of the following but that is not any of the following:

(i) A harmful biological device.

(ii) A harmful biological substance.

(iii) A harmful chemical device.

(iv) A harmful chemical substance.

(v) A harmful radioactive material.

(vi) A radioactive device.

(vii) A harmful electronic or electromagnetic device.

(n) “Serious impairment of a body function” means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.

(o) “Telecommunications system” means that term as defined in section 219a.


History: Add. 1998, Act 207, Eff. Oct. 1, 1998 ;-- Am. 2001, Act 135, Imd. Eff. Oct. 23, 2001 ;-- Am. 2003, Act 256, Eff. Jan. 1, 2004


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750.200i Unlawful acts; penalties.

Sec. 200i.

(1) A person shall not manufacture, deliver, possess, transport, place, use, or release any of the following for an unlawful purpose:

(a) A harmful biological substance or a harmful biological device.

(b) A harmful chemical substance or a harmful chemical device.

(c) A harmful radioactive material or a harmful radioactive device.

(d) A harmful electronic or electromagnetic device.

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

(a) Except as provided in subdivisions (b) to (e), the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.

(b) If the violation directly or indirectly results in property damage, the person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $15,000.00, or both.

(c) If the violation directly or indirectly results in personal injury to another individual other than serious impairment of a body function or death, the person is guilty of a felony punishable by imprisonment for not more than 25 years or a fine of not more than $20,000.00, or both.

(d) If the violation directly or indirectly results in serious impairment of a body function to another individual, the person is guilty of a felony punishable by imprisonment for life or any term of years or a fine of not more than $25,000.00, or both.

(e) Except as provided in sections 25 and 25a of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.25 and 769.25a , if the violation directly or indirectly results in the death of another individual, the person is guilty of a felony and shall be punished by imprisonment for life without eligibility for parole and may be fined not more than $40,000.00, or both.


History: Add. 1998, Act 207, Eff. Oct. 1, 1998 ;-- Am. 2003, Act 257, Eff. Jan. 1, 2004 ;-- Am. 2014, Act 23, Imd. Eff. Mar. 4, 2014


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750.200j Additional unlawful acts; penalties.

Sec. 200j.

(1) A person shall not manufacture, deliver, possess, transport, place, use, or release for an unlawful purpose any of the following:

(a) A chemical irritant or a chemical irritant device.

(b) A smoke device.

(c) An imitation harmful substance or device.

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

(a) Except as provided in subdivisions (b) to (e), the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.

(b) If the violation results in property damage, the person is guilty of a felony punishable by imprisonment for not more than 7 years or a fine of not more than $10,000.00, or both.

(c) If the violation results in personal injury to another individual other than serious impairment of a body function or death, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00, or both.

(d) If the violation results in serious impairment of a body function to another individual, the person is guilty of a felony punishable by imprisonment for not more than 25 years or a fine of not more than $25,000.00, or both.

(e) If the violation results in the death of another individual, the person is guilty of a felony punishable by imprisonment for life or any term of years or a fine of not more than $40,000.00, or both.


History: Add. 1998, Act 207, Eff. Oct. 1, 1998 ;-- Am. 2001, Act 135, Imd. Eff. Oct. 23, 2001


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750.200k Applicability of MCL 750.200h to 750.200j; exceptions.

Sec. 200k.

(1) Sections 200h to 200j do not apply to any of the following:

(a) A member of the military forces of the United States or of this state acting under a lawful order or while engaged in a lawful military activity.

(b) A law enforcement officer enforcing the laws of the United States or of this state or while engaged in a lawful law enforcement activity.

(c) A person engaged in self-defense or the lawful defense of another person.

(d) Unless acting with an unlawful purpose, a person acting within the scope of his or her employment under a rule or a permit or license of the United States or of this state.

(2) Unless acting with an unlawful purpose, a person who within the scope of his or her employment violates a rule or a provision of a permit or license issued by the United States or this state to manufacture, deliver, possess, transport, place, classify, label, use, or release a substance or device shall not be prosecuted under this chapter.

(3) This chapter does not prohibit the possession and use of a device that uses electro-muscular disruption technology as permitted under section 224a.


History: Add. 1998, Act 207, Eff. Oct. 1, 1998 ;-- Am. 2003, Act 257, Eff. Jan. 1, 2004


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750.200l Acts causing false belief of exposure; violation; penalty.

Sec. 200l.

(1) A person shall not commit an act with the intent to cause an individual to falsely believe that the individual has been exposed to a harmful biological substance, harmful biological device, harmful chemical substance, harmful chemical device, harmful radioactive material, harmful radioactive device, or harmful electronic or electromagnetic device.

(2) A person who violates subsection (1) 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 both.


History: Add. 2001, Act 135, Imd. Eff. Oct. 23, 2001 ;-- Am. 2003, Act 257, Eff. Jan. 1, 2004


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750.200m Other violations arising from same transaction.

Sec. 200m.

A charge under or a conviction or punishment for a violation of this chapter does not prevent a person from being charged with, convicted of, or punished for any other violation of law arising from the same transaction.


History: Add. 2003, Act 257, Eff. Jan. 1, 2004


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750.201 Explosives exploded by concussion or friction; unlawful acts; penalties.

Sec. 201.

(1) A person shall not order, send, take, transport, convey, or carry or attempt to order, send, take, transport, convey, or carry dynamite, nitroglycerine, fulminate in bulk in dry condition, or any other explosive substance that explodes by concussion or friction, that is concealed as freight or baggage, on a passenger boat or vessel, a railroad car or train of cars, a street car, motor bus, stage, or other vehicle used wholly or partly for carrying passengers or articles of commerce by land or water.

(2) A person who violates this section and any consignee to whom the dynamite, nitroglycerine, fulminate in bulk in dry condition, or other explosive substance has been consigned by procurement in violation of this section is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $3,000.00, or both.

(3) A violation of this section may be prosecuted in any county through which the person procures or attempts to procure the transportation of the dynamite, nitroglycerine, fulminate in bulk in dry condition, or other explosive substance.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.201 ;-- Am. 1998, Act 206, Eff. Oct. 1, 1998
Former Law: See sections 1 to 3 of Act 91 of 1889, being How., §§ 9117a to 9117c; CL 1897, §§ 11519 to 11521; CL 1915, §§ 15257 to 15259; and CL 1929, §§ 16792 to 16794.


© 2017 Legislative Council, State of Michigan


750.202 Explosives; marking when intended for shipment.

Sec. 202.

Marking of explosives intended for shipment—Every package containing explosives or other dangerous articles when presented to a common carrier for shipment shall have plainly marked on the outside thereof the contents thereof, and it shall be unlawful for any person, partnership or corporation to deliver for transportation to any common carrier engaged in commerce by land or water, or to cause to be delivered or to carry any explosive or other dangerous article, under any false or deceptive marking, description, invoice, shipping order or other declaration, or without informing the agent of such carrier of the true character thereof, at or before the time such delivery or carriage is made.

Any person violating any provision of this section shall be guilty of a felony.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.202
Former Law: See sections 4 and 5 of Act 182 of 1909, being CL 1915, §§ 15254 and 15255; and CL 1929, §§ 16798 and 16799.


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750.203 Repealed. 2015, Act 210, Eff. Mar. 14, 2016.


Compiler's Notes: The repealed section pertained to regulations of interstate commerce commission as binding on common carriers transporting explosives by land.


© 2017 Legislative Council, State of Michigan


750.204 Explosives; sending with intent to frighten, injure, or kill person or damage or destroy property; violation; penalties.

Sec. 204.

(1) A person shall not send or deliver to another person or cause to be taken or received by any person any kind of explosive substance or any other dangerous thing with the intent to frighten, terrorize, intimidate, threaten, harass, injure, or kill any person, or with the intent to damage or destroy any real or personal property without the permission of the property owner or, if the property is public property, without the permission of the governmental agency having authority over that property.

(2) A person who violates this section is guilty of a crime as follows:

(a) Except as otherwise provided in subdivisions (b) to (e), the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.

(b) If the violation damages the property of another person, the person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $15,000.00, or both.

(c) If the violation causes 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 25 years or a fine of not more than $20,000.00, or both.

(d) If the violation causes serious impairment of a body function to another individual, the person is guilty of a felony punishable by imprisonment for life or any term of years or a fine of not more than $25,000.00, or both.

(e) Except as provided in sections 25 and 25a of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.25 and 769.25a, if the violation causes the death of another individual, the person is guilty of a felony and shall be imprisoned for life without eligibility for parole and may be fined not more than $40,000.00, or both.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.204 ;-- Am. 1998, Act 206, Eff. Oct. 1, 1998 ;-- Am. 2003, Act 257, Eff. Jan. 1, 2004 ;-- Am. 2014, Act 23, Imd. Eff. Mar. 4, 2014
Former Law: See section 1 of Act 202 of 1879, being How., § 9118; CL 1897, § 11508; CL 1915, § 15231; and CL 1929, § 16791.


© 2017 Legislative Council, State of Michigan


750.204a Device representing or presented as explosive, incendiary device, or bomb; sending or transporting; intent; felony; penalty; jurisdiction.

Sec. 204a.

(1) A person who, with the intent to terrorize, frighten, intimidate, threaten, harass, or annoy any other person, possesses, delivers, sends, transports, or places a device that is constructed to represent an explosive, incendiary device, or bomb, or that is presented as an explosive, incendiary device, or bomb, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $3,000.00, or both.

(2) An offense is committed under this section if the device is delivered or sent from this state or is possessed, transported, received, or placed in this state and may be prosecuted in the jurisdiction from which it was delivered or sent or in which it was possessed, transported, received, or placed.


History: Add. 1973, Act 202, Eff. Mar. 29, 1974 ;-- Am. 1998, Act 208, Eff. Oct. 1, 1998 ;-- Am. 2002, Act 134, Eff. Apr. 22, 2002


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750.204b Importing, manufacturing, distributing, or storing explosive materials; prohibition; exception; violation as misdemeanor; penalty; violation of other applicable law; "explosive materials" defined.

Sec. 204b.

(1) A person shall not import, manufacture, distribute, or store explosive materials in this state, unless the importation, manufacture, distribution, or storage of the explosive materials complies with 18 USC 841 to 848 and 27 CFR 555.

(2) A person that violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $10,000.00, or both.

(3) A conviction or sentence imposed for a violation of this section does not preclude a conviction or sentence for a violation of any other applicable law. As used in this section, "explosive materials" means that term as defined in 18 USC 841.


History: Add. 2018, Act 29, Eff. May 22, 2018


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750.204c Handling explosive materials while under influence of alcoholic liquor or controlled substance; prohibition; violation as misdemeanor; penalty; definitions.

Sec. 204c.

(1) A person shall not handle any explosive materials while under the influence of an alcoholic liquor or controlled substance.

(2) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $500.00, or both.

(3) As used in this section:

(a) "Alcoholic liquor" means that term as defined in section 1d of the Michigan vehicle code, 1949 PA 300, MCL 257.1d.

(b) "Controlled substance" means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

(c) "Explosive materials" means that term as defined in 18 USC 841.


History: Add. 2018, Act 29, Eff. May 22, 2018


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750.205-750.206 Repealed. 1998, Act 208, Eff. Oct. 1, 1998.


Compiler's Notes: The repealed sections pertained to placement of explosives or devices representing explosives.


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750.207 Explosive substance; placing with intent to frighten, injure, or kill person or damage or destroy property; violation; penalties.

Sec. 207.

(1) A person shall not place an explosive substance in or near any real or personal property with the intent to frighten, terrorize, intimidate, threaten, harass, injure, or kill any person, or with the intent to damage or destroy any real or personal property without the permission of the property owner or, if the property is public property, without the permission of the governmental agency having authority over that property.

(2) A person who violates this section is guilty of a crime as follows:

(a) Except as otherwise provided in subdivisions (b) to (e), the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.

(b) If the violation damages the property of another person, the person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $15,000.00, or both.

(c) If the violation causes 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 25 years or a fine of not more than $20,000.00, or both.

(d) If the violation causes serious impairment of a body function to another individual, the person is guilty of a felony punishable by imprisonment for life or for any term of years or a fine of not more than $25,000.00, or both.

(e) Except as provided in sections 25 and 25a of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.25 and 769.25a, if the violation causes the death of another individual, the person is guilty of a felony and shall be imprisoned for life without eligibility for parole and may be fined not more than $40,000.00, or both.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.207 ;-- Am. 1998, Act 208, Eff. Oct. 1, 1998 ;-- Am. 2003, Act 257, Eff. Jan. 1, 2004 ;-- Am. 2014, Act 23, Imd. Eff. Mar. 4, 2014
Former Law: See section 3 of Act 119 of 1927, being CL 1929, § 17106.


© 2017 Legislative Council, State of Michigan


750.208 Repealed. 1998, Act 208, Eff. Oct. 1, 1998.


Compiler's Notes: The repealed section pertained to placing explosives or aiding or abetting with intent to destroy.


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750.209 Offensive or injurious substance or compound; placing with intent to injure, coerce, or interfere with person or property; violation; penalties.

Sec. 209.

(1) A person who places an offensive or injurious substance or compound in or near to any real or personal property with intent to wrongfully injure or coerce another person or to injure the property or business of another person, or to interfere with another person's use, management, conduct, or control of his or her business or property is guilty of a crime as follows:

(a) Except as otherwise provided in subdivisions (b) to (e), the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.

(b) If the violation damages the property of another person, the person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $15,000.00, or both.

(c) If the violation causes 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 25 years or a fine of not more than $20,000.00, or both.

(d) If the violation causes serious impairment of a body function to another individual, the person is guilty of a felony punishable by imprisonment for life or for any term of years or a fine of not more than $25,000.00, or both.

(e) Except as provided in sections 25 and 25a of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.25 and 769.25a, if the violation causes the death of another individual, the person is guilty of a felony and shall be imprisoned for life without eligibility for parole and may be fined not more than $40,000.00, or both.

(2) A person who places an offensive or injurious substance or compound in or near to any real or personal property with the intent to annoy or alarm any person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $3,000.00, or both.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1937, Act 41, Eff. Oct. 29, 1937 ;-- CL 1948, 750.209 ;-- Am. 1967, Act 177, Eff. Nov. 2, 1967 ;-- Am. 1998, Act 208, Eff. Oct. 1, 1998 ;-- Am. 2003, Act 257, Eff. Jan. 1, 2004 ;-- Am. 2014, Act 23, Imd. Eff. Mar. 4, 2014
Former Law: See section 4 of Act 119 of 1927, being CL 1929, § 17107.


© 2017 Legislative Council, State of Michigan


750.209a Possession of explosive substance or device in public place.

Sec. 209a.

A person who, with the intent to terrorize, frighten, intimidate, threaten, harass, or annoy any other person, possesses an explosive substance or device in a public place is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both.


History: Add. 1998, Act 206, Eff. Oct. 1, 1998


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750.210 Substance that when combined will become explosive or combustible; possession with intent to use unlawfully; violation; penalties.

Sec. 210.

(1) A person shall not carry or possess an explosive or combustible substance or a substance or compound that when combined with another substance or compound will become explosive or combustible or an article containing an explosive or combustible substance or a substance or compound that when combined with another substance or compound will become explosive or combustible, with the intent to frighten, terrorize, intimidate, threaten, harass, injure, or kill any person, or with the intent to damage or destroy any real or personal property without the permission of the property owner or, if the property is public property, without the permission of the governmental agency having authority over that property.

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

(a) Except as provided in subdivisions (b) to (e), the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.

(b) If the violation damages the property of another person, the person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $15,000.00, or both.

(c) If the violation causes 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 25 years or a fine of not more than $20,000.00, or both.

(d) If the violation causes serious impairment of a body function to another individual, the person is guilty of a felony punishable by imprisonment for life or for any term of years or a fine of not more than $25,000.00, or both.

(e) Except as provided in sections 25 and 25a of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.25 and 769.25a, if the violation causes the death of another individual, the person is guilty of a felony and shall be imprisoned for life without eligibility for parole and may be fined not more than $40,000.00, or both.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.210 ;-- Am. 1998, Act 208, Eff. Oct. 1, 1998 ;-- Am. 2003, Act 257, Eff. Jan. 1, 2004 ;-- Am. 2014, Act 23, Imd. Eff. Mar. 4, 2014
Former Law: See section 6 of Act 119 of 1927, being CL 1929, § 17109.


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750.210a Valerium; unlawful acts.

Sec. 210a.

Sale, etc., of valerium, etc.—It shall be unlawful for any person, firm, partnership, association or corporation to sell, offer for sale, barter, or otherwise dispose of, purchase, receive, or otherwise acquire, have in possession, carry or transport any oil, tincture, elixir or fluid of valerium, valeric acid or crystals of ammonium valeriate, except under the following conditions:

(a) Drug manufacturers and wholesale drug dealers may possess, sell, offer for sale, or otherwise dispose of, oil, tincture, elixir or fluid of valerium, valeric acid or crystals of ammonium valeriate to licensed physicians and surgeons, druggists, pharmacists or hospitals: Provided, however, That a record of all such sales shall be kept by such drug manufacturers and wholesale dealers, which record shall be open to inspection by any law enforcing officer, and that a report of any such sales shall be made out and forwarded within 48 hours to the commissioner of the Michigan state police.

(b) Retail druggists or pharmacists may possess and sell, offer for sale, or otherwise dispose of, oil, tincture, elixir or fluid of valerium, valeric acid or crystals of ammonium valeriate upon prescription of a licensed physician or surgeon. Such retail druggists or pharmacists shall keep a record of all such sales and prescriptions, which shall be open to inspection by any law enforcing officer and shall also make and forward a report containing the names and addresses of such persons, together with the amount of such drugs prescribed or sold, within 48 hours after sale thereof to the commissioner of the Michigan state police.

Any person, excepting licensed physicians and surgeons, hospitals, and persons who have received such drugs on prescription in accordance with the provisions of this section, who shall violate any of the provisions of this section shall be guilty of a felony, punishable by imprisonment in the state prison for not less than 2 nor more than 5 years.


History: Add. 1941, Act 140, Eff. Jan. 10, 1942 ;-- CL 1948, 750.210a


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750.211 Repealed. 1998, Act 208, Eff. Oct. 1, 1998.


Compiler's Notes: The repealed section pertained to the intent to unlawfully use or manufacture explosives.


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750.211a Device designed to explode upon impact, upon application of heat, or device highly incendiary; possession with intent to use unlawfully; violation; penalties; "Molotov cocktail" defined.

Sec. 211a.

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

(a) Except as provided in subdivision (b), manufacture, buy, sell, furnish, or possess a Molotov cocktail or any similar device.

(b) Manufacture, buy, sell, furnish, or possess any device that is designed to explode or that will explode upon impact or with the application of heat or a flame or that is highly incendiary, with the intent to frighten, terrorize, intimidate, threaten, harass, injure, or kill any person, or with the intent to damage or destroy any real or personal property without the permission of the property owner or, if the property is public property, without the permission of the governmental agency having authority over that property.

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

(a) For a violation of subsection (1)(a), the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

(b) For a violation of subsection (1)(b) and except as provided in subdivisions (c) to (f), the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.

(c) If the violation damages the property of another person, the person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $15,000.00, or both.

(d) If the violation causes 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 25 years or a fine of not more than $20,000.00, or both.

(e) If the violation causes serious impairment of a body function to another individual, the person is guilty of a felony punishable by imprisonment for life or any term of years or a fine of not more than $25,000.00, or both.

(f) Except as provided in sections 25 and 25a of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.25 and 769.25a, if the violation causes the death of another individual, the person is guilty of a felony and shall be imprisoned for life without eligibility for parole and may be fined not more than $40,000.00, or both.

(3) As used in this section, "Molotov cocktail" means an improvised incendiary device that is constructed from a bottle or other container filled with a flammable or combustible material or substance and that has a wick, fuse, or other device designed or intended to ignite the contents of the device when it is thrown or placed near a target.


History: Add. 1966, Act 69, Eff. Mar. 10, 1967 ;-- Am. 1968, Act 280, Eff. July 1, 1968 ;-- Am. 1998, Act 206, Eff. Oct. 1, 1998 ;-- Am. 2003, Act 257, Eff. Jan. 1, 2004 ;-- Am. 2004, Act 523, Eff. Apr. 1, 2005 ;-- Am. 2014, Act 23, Imd. Eff. Mar. 4, 2014


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750.212 High explosives; marking.

Sec. 212.

Marking of high explosives—No person shall within this state manufacture, sell, keep or offer for sale any high explosive, which is not marked, branded or stamped as in this section provided.

Every manufacturer of dynamite, or other high explosive, shall put a brand or mark on each case distinctly showing the percentage of disruptive force contained in each cartridge in said case, and the name or trade mark, and the address of said manufacturer.

No person by himself, agents or servants shall sell, keep or offer for sale, any dynamite or other high explosive not branded or marked as provided in this section.

Any person, who shall falsely brand, mark, or stamp any such explosive, or who shall sell, keep or offer for sale, any high explosive bearing any false brand or mark, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.212
Former Law: See sections 1 to 4 of Act 101 of 1897, being CL 1897, §§ 5483 to 5486; CL 1915, §§ 7187 and 7203 to 7205; and CL 1929, §§ 8944 to 8947.


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750.212a Violation as felony; term of imprisonment; definitions.

Sec. 212a.

(1) If a person violates this chapter and the violation is committed in or is directed at a vulnerable target, the person is guilty of a felony punishable by imprisonment for not more than 20 years. The court may order a term of imprisonment imposed under this section to be served consecutively to the term of imprisonment for the underlying violation.

(2) As used in this section, “vulnerable target” means any of the following:

(a) A child care center or day care center as defined in section 1 of 1973 PA 116, MCL 722.111.

(b) A health care facility or agency as defined in section 20106 of the public health code, 1978 PA 368, MCL 333.20106.

(c) A building or structure open to the general public.

(d) A church, synagogue, mosque, or other place of religious worship.

(e) A public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade 1 through 12.

(f) An institution of higher education.

(g) A stadium.

(h) A transportation structure or facility open to the public, including, but not limited to, a bridge, a tunnel, a public highway, or a railroad.

(i) An airport. As used in this subdivision, “airport” means that term as defined in section 2 of the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.2.

(j) Port facilities. As used in this subdivision, “port facilities” means that term as defined in section 2 of the Hertel-Law-T. Stopczynski port authority act, 1978 PA 639, MCL 120.102.

(k) A public services facility. As used in this subdivision, “public services facility” means any of the following facilities whether publicly or privately owned:

(i) A natural gas refinery, natural gas storage facility, or natural gas pipeline.

(ii) An electric, steam, gas, telephone, power, water, or pipeline facility.

(iii) A nuclear power plant, nuclear reactor facility, or nuclear waste storage facility.

(l) A petroleum refinery, petroleum storage facility, or petroleum pipeline.

(m) A vehicle, locomotive or railroad car, aircraft, or watercraft used to provide transportation services to the public or to provide for the movement of goods in commerce.

(n) A building, structure, or other facility owned or operated by the federal government, by this state, or by a political subdivision or any other instrumentality of this state or of a local unit of government.


History: Add. 1998, Act 207, Eff. Oct. 1, 1998 ;-- Am. 2002, Act 116, Eff. Apr. 22, 2002 ;-- Am. 2002, Act 140, Eff. Apr. 22, 2002 ;-- Am. 2003, Act 257, Eff. Jan. 1, 2004


© 2017 Legislative Council, State of Michigan
Chapter XXXIV
EXTORTION


750.213 Malicious threats to extort money.

Sec. 213.

Malicious threats to extort money—Any person who shall, either orally or by a written or printed communication, maliciously threaten to accuse another of any crime or offense, or shall orally or by any written or printed communication maliciously threaten any injury to the person or property or mother, father, husband, wife or child of another with intent thereby to extort money or any pecuniary advantage whatever, or with intent to compel the person so threatened to do or refrain from doing any act against his will, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 20 years or by a fine of not more than 10,000 dollars.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.213
Former Law: See section 19 of Ch. 153 of R.S. 1846, being CL 1857, § 5729; CL 1871, § 7528; How., § 9093; CL 1897, § 11488; CL 1915, § 15210; CL 1929, § 16726; Act 188 of 1897; and Act 83 of 1925.


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750.213a Coercion to have abortion; prohibition; violation; penalty; other violations; definitions.

Sec. 213a.

(1) A person having actual knowledge that a female individual is pregnant shall not do any of the following with the intent to coerce her to have an abortion against her will:

(a) Commit, attempt to commit, or threaten to commit any of the following violations against her or any other person:

(i) A violation of section 411h or section 411i.

(ii) An assaultive crime. As used in this subparagraph, "assaultive crime" means that term as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.

(b) After being informed by a pregnant female that she does not want to obtain an abortion, engage in coercion as that term is defined in section 462a.

(2) For purposes of subsection (1)(b), information that a pregnant female does not want to obtain an abortion includes any fact that would clearly demonstrate to a reasonable person that she is unwilling to comply with a request or demand to have an abortion.

(3) A person who violates this section is guilty of a crime as follows:

(a) For a violation of subsection (1)(a), the person is guilty of a crime punishable in the same manner as for the underlying offense committed, attempted, or threatened.

(b) Except as provided in subdivision (c), for a violation of subsection (1)(b), the person is guilty of a misdemeanor punishable by a fine of not more than $5,000.00.

(c) If the person is the father or putative father of the unborn child, the pregnant individual is less than 18 years of age at the time of the violation, and the person is 18 years of age or older at the time of the violation, the person is guilty of a misdemeanor punishable by a fine of not more than $10,000.00.

(4) This section does not prohibit the person from being charged with, convicted of, or punished for any other violation of law committed while violating this section.

(5) As used in this section:

(a) "Course of conduct" means a pattern of conduct composed of a series of 2 or more separate noncontinuous acts evidencing a continuity of purpose.

(b) "Threaten" means to make 2 or more statements or to engage in a course of conduct that would cause a reasonable person to believe that the individual is likely to act in accordance with the statements or the course of conduct. Threaten does not include constitutionally protected speech or any generalized statement regarding a lawful pregnancy option.

(c) "Unborn child" means a live human being in utero regardless of his or her gestational stage of development.


History: Add. 2016, Act 149, Eff. Sept. 7, 2016


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750.214 Extortion by public officers.

Sec. 214.

Extortion by public officers—Any person who shall wilfully and corruptly demand and receive from another for performing any service, or any official duty, for which the fee or compensation is established by law, any greater fee or compensation than is allowed or provided for the same, and any public officer, for whom a salary is provided by law in full compensation for all services required to be performed by him, or by his clerks or deputies, who shall wilfully and corruptly demand and receive from any person any sum of money as a fee or compensation for any services required by law to be performed by him in his said office, or by his clerks or deputies, shall be guilty of a misdemeanor; but no prosecution for such offense shall be sustained unless it shall be commenced within 1 year next after the offense was committed.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.214
Former Law: See section 22 of Ch. 156 of R.S. 1846, being CL 1857, § 5841; CL 1871, § 7674; How., § 9256; CL 1897, § 11326; CL 1915, § 14993; CL 1929, § 16584; and Act 179 of 1863.


© 2017 Legislative Council, State of Michigan
Chapter XXXV
FALSE PERSONATION


750.215 False representation as peace officer or medical examiner; violation; penalty; “peace officer” defined.

Sec. 215.

(1) An individual who is not a peace officer or a medical examiner shall not do any of the following:

(a) Perform the duties of a peace officer or a medical examiner.

(b) Represent to another person that he or she is a peace officer or a medical examiner for any unlawful purpose.

(c) Represent to another person that he or she is a peace officer or a medical examiner with the intent to compel the person to do or refrain from doing any act against his or her will.

(2) Except as provided in subsection (3), an individual who violates subsection (1) 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) An individual who, in violation of subsection (1), performs the duties of a peace officer to commit or attempt to commit a crime or represents to another person that he or she is a peace officer to commit or attempt to commit a crime is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.

(4) A sentence imposed under subsection (3) may be ordered to be served consecutively to any term of imprisonment imposed for another violation arising from the same transaction.

(5) As used in this section, “peace officer” means any of the following:

(a) A sheriff or deputy sheriff of a county of this state or another state.

(b) An officer of the police department of a city, village, or township of this state or another state.

(c) A marshall of a city, village, or township.

(d) A constable.

(e) An officer of the Michigan state police.

(f) A conservation officer.

(g) A security employee employed by the state pursuant to section 6c of 1935 PA 59, MCL 28.6c.

(h) A motor carrier officer appointed pursuant to section 6d of 1935 PA 59, MCL 28.6d.

(i) A police officer or public safety officer of a community college, college, or university who is authorized by the governing board of that community college, college, or university to enforce state law and the rules and ordinances of that community college, college, or university.

(j) A park and recreation officer commissioned pursuant to section 1606 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.1606.

(k) A state forest officer commissioned pursuant to section 83107 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.83107.

(l) A federal law enforcement officer.

(m) An investigator of the state department of attorney general.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.215 ;-- Am. 1957, Act 41, Eff. Sept. 27, 1957 ;-- Am. 1991, Act 145, Imd. Eff. Nov. 25, 1991 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003 ;-- Am. 2003, Act 15, Eff. Sept. 1, 2003
Former Law: See section 18 of Ch. 156 of R.S. 1846, being CL 1857, § 5837; CL 1871, § 7670; How., § 9252; CL 1897, § 11322; CL 1915, § 14989; CL 1929, § 16580; and Act 67 of 1925.


© 2017 Legislative Council, State of Michigan


750.216 Badge or uniform of state police; unauthorized wearing, exhibition, display, or use as misdemeanor; exception.

Sec. 216.

A person who wears, exhibits, displays, or uses, for any purpose, the badge or uniform or a badge or uniform substantially identical to that prescribed by the department of state police for officers of the department, unless he or she is a member of the department, is guilty of a misdemeanor. However, this section shall not be construed to prohibit persons of the theatrical profession from wearing such badge or uniform in any playhouse or theatre while actually engaged in following that profession.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.216 ;-- Am. 1985, Act 78, Eff. Mar. 31, 1986


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750.216a Badge, patch, or uniform of law enforcement agency or facsimile; selling, furnishing, possessing, wearing, exhibiting, displaying, or using; violation as misdemeanor; "facsimile" defined; exception.

Sec. 216a.

(1) A person shall not sell, furnish, possess, wear, exhibit, display, or use the badge, patch, or uniform, or facsimile of the badge, patch, or uniform, of any law enforcement agency unless any of the following apply:

(a) The person receiving or possessing the badge, patch, uniform, or facsimile is authorized to receive or possess the badge, patch, uniform, or facsimile by the chief officer of the law enforcement agency.

(b) The person receiving or possessing the badge, patch, uniform, or facsimile is a member of the law enforcement agency.

(c) The badge is a retirement badge and is in the possession of the retired law enforcement officer.

(d) The badge, patch, or uniform is the badge, patch, or uniform of a deceased law enforcement officer and is in the possession of his or her spouse, child, or next of kin.

(e) The person receiving, possessing, exhibiting, displaying, or using the badge, patch, uniform, or facsimile is a collector of badges, patches, uniforms, or facsimiles. A badge, patch, uniform, or facsimile possessed as part of a collection shall be in a container or display case when being transported.

(f) The person is in the theatrical profession and wears the badge, patch, uniform, or facsimile while actually engaged in following that profession.

(2) A person who violates this section 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. A charge under or a conviction or punishment for a violation of this section does not prevent a person from being charged with, convicted of, or punished for any other violation of law arising from the same transaction.

(3) As used in this section and section 216b, "facsimile" includes both an exact replica of an existing item and a close imitation of an existing item.

(4) This section does not apply to a person appointed by a court of this state to serve as a bailiff or court officer under section 8321 of the revised judicature act of 1961, 1961 PA 236, MCL 600.8321, or under MCR 3.106 or MCR 2.103.


History: Add. 1985, Act 78, Eff. Mar. 31, 1986 ;-- Am. 2005, Act 314, Eff. Jan. 1, 2006


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750.216b Emblem, insignia, logo, service mark, or other identification of law enforcement agency or facsimile; violation as misdemeanor; "law enforcement identification" defined; exception.

Sec. 216b.

(1) A person, other than a peace officer, shall not wear or display the emblem, insignia, logo, service mark, or other law enforcement identification of any law enforcement agency, or a facsimile of any of those items, if either of the following applies:

(a) The person represents himself or herself to another person as being a peace officer. As used in this subdivision, "peace officer" means that term as defined in section 215.

(b) The wearing or display occurs in a manner that would lead a reasonable person to falsely believe that the law enforcement agency whose emblem, insignia, logo, service mark, or other law enforcement identification or facsimile is being worn or displayed is promoting or endorsing a commercial service or product or a charitable endeavor.

(2) A person who violates this section 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. A charge under or a conviction or punishment for a violation of this section does not prevent a person from being charged with, convicted of, or punished for any other violation of law arising from the same transaction.

(3) As used in this section, "law enforcement identification" means any identification that contains the words "law enforcement" or similar words, including, but not limited to, "agent", "enforcement agent", "detective", "task force", "fugitive recovery agent", or any other combination of names that gives the impression that the bearer is in any way connected with the federal government, state government, or any political subdivision of a state government. However, law enforcement identification does not include "bail agent" or "bondsman" when used by a bail agent or bondsman operating in accordance with section 167b.

(4) This section does not apply to a person appointed by a court of this state to serve as a bailiff or court officer under section 8321 of the revised judicature act of 1961, 1961 PA 236, MCL 600.8321, or under MCR 3.106 or MCR 2.103.


History: Add. 2005, Act 314, Eff. Jan. 1, 2006


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750.217 Disguising with intent to intimidate.

Sec. 217.

Any person who in any manner disguises himself or herself with intent to obstruct the due execution of the law, or with intent to intimidate, hinder or interrupt any officer or any other person in the legal performance of his or her duty, or the exercise of his or her rights under the constitution and laws of this state, whether such intent be effected or not, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.217 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 19 of Ch. 156 of R.S. 1846, being CL 1857, § 5838; CL 1871, § 7671; How., § 9253; CL 1897, § 11323; CL 1915, § 14990; and CL 1929, § 16581.


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750.217a Solicitation of information as to employment, residence, assets or earnings by false personation; penalty.

Sec. 217a.

Any individual who on his own behalf, or as officer, agent, partner, employee, or representative of any entity, solicits or aids or abets another in soliciting information from any person as to his or any other person's place of employment, residence, assets or earnings, by any means whatever with the intent of misleading the person into believing that the information is being sought by or on behalf of, or for the purposes of, any governmental agency or commission is guilty of a misdemeanor.


History: Add. 1961, Act 62, Eff. Sept. 8, 1961


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750.217b Representation as public utility employee; felony; “public utility” defined.

Sec. 217b.

(1) An individual who is not employed by a public utility shall not inform another individual or represent to another individual by uniform, identification, or any other means that he or she is employed by that public utility with intent to do 1 or more of the following:

(a) Gain or attempt to gain entry to a residence, building, structure, facility, or other property.

(b) Remain or attempt to remain in or upon a residence, building, structure, facility, or other property.

(c) Commit or attempt to commit a crime.

(2) An individual who violates subsection (1) is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both.

(3) As used in this section, “public utility” means a utility that provides steam, gas, heat, electricity, water, cable television, telecommunications services, or pipeline services, whether privately, municipally, or cooperatively owned.


History: Add. 1997, Act 159, Eff. Jan. 1, 1998


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750.217c Legal process; impersonation, false representation, or action as public officer or employee; definitions.

Sec. 217c.

(1) A person shall not impersonate, falsely represent himself or herself as, or falsely act as a public officer or public employee and prepare, issue, serve, execute, or otherwise act to further the operation of any legal process or unauthorized process that affects or purports to affect persons or property.

(2) Except as provided in subsection (3) or (4), a person who violates subsection (1) 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 who violates subsection (1) after a prior conviction for violating subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $1,500.00, or both.

(4) A person who violates subsection (1) after 2 or more prior convictions for violating subsection (1) is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

(5) This section does not prohibit a person from being charged with, convicted of, or sentenced for any other violation of law that individual commits while violating this section.

(6) This section does not prohibit individuals from assembling lawfully or lawful free expression of opinions or designation of group affiliation or association.

(7) As used in this section:

(a) “Lawful tribunal” means a tribunal created, established, authorized, or sanctioned by law or a tribunal of a private organization, association, or entity to the extent that the organization, association, or entity seeks in a lawful manner to affect only the rights or property of persons who are members or associates of that organization, association, or entity.

(b) “Legal process” means a summons, complaint, pleading, writ, warrant, injunction, notice, subpoena, lien, order, or other document issued or entered by or on behalf of a court or lawful tribunal or lawfully filed with or recorded by a governmental agency that is used as a means of exercising or acquiring jurisdiction over a person or property, to assert or give notice of a legal claim against a person or property, or to direct persons to take or refrain from an action.

(c) “Public employee” means an employee of this state, an employee of a city, village, township, or county of this state, or an employee of a department, board, agency, institution, commission, authority, division, council, college, university, court, school district, intermediate school district, special district, or other public entity of this state or of a city, village, township, or county in this state, but does not include a person whose employment results from election or appointment.

(d) “Public officer” means a person who is elected or appointed to any of the following:

(i) An office established by the state constitution of 1963.

(ii) A public office of a city, village, township, or county in this state.

(iii) A department, board, agency, institution, commission, court, authority, division, council, college, university, school district, intermediate school district, special district, or other public entity of this state or a city, village, township, or county in this state.

(e) “Unauthorized process” means either of the following:

(i) A document simulating legal process that is prepared or issued by or on behalf of an entity that purports or represents itself to be a lawful tribunal or a court, public officer, or other agency created, established, authorized, or sanctioned by law but that is not a lawful tribunal or a court, public officer, or other agency created, established, authorized, or sanctioned by law.

(ii) A document that would otherwise be legal process except that it was not issued or entered by or on behalf of a court or lawful tribunal or lawfully filed with or recorded by a governmental agency as required by law.


History: Add. 1998, Act 360, Eff. Jan. 1, 1999 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003


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750.217d False representation as registered or licensed health professional; intent; violation as felony; penalty.

Sec. 217d.

An individual who is not a health professional licensed or registered under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, and who intentionally and falsely represents himself or herself to be a health professional licensed or registered under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, and provides a health care treatment, procedure, or service regulated under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, to another individual is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.


History: Add. 1999, Act 167, Eff. Mar. 10, 2000


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750.217e False identification as employee of family independence agency; violation; penalty.

Sec. 217e.

(1) An individual who is not employed by the family independence agency shall not inform another individual or represent to another individual by identification or any other means that he or she is employed by the family independence agency with intent to do 1 or more of the following:

(a) Gain or attempt to gain entry to a residence, building, structure, facility, or other property.

(b) Remain or attempt to remain in or upon a residence, building, structure, facility, or other property.

(c) Gain or attempt to gain access to financial account information.

(d) Commit or attempt to commit a crime.

(e) Obtain or attempt to obtain information to which the individual is not entitled under section 7 of the child protection law, 1975 PA 238, MCL 722.627.

(f) Gain access or attempt to gain access to a person less than 18 years of age or a vulnerable adult. As used in this subdivision, “vulnerable adult” means an individual age 18 or older who, because of age, developmental disability, mental illness, or disability, whether or not determined by a court to be an incapacitated individual in need of protection, lacks the cognitive skills required to manage his or her property.

(2) An individual who violates subsection (1) is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both.


History: Add. 2001, Act 21, Eff. Sept. 1, 2001


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750.217f Unlawful representation as firefighter or emergency medical service personnel; definitions; violation as felony; penalty; consecutive sentences.

Sec. 217f.

(1) An individual who is not employed as a firefighter or emergency medical service personnel shall not inform another individual or represent to another individual by identification or any other means that he or she is employed in 1 of those capacities with intent to do 1 or more of the following:

(a) Perform the duties of a firefighter or emergency medical service personnel.

(b) Represent to another person that he or she is a firefighter or emergency medical service personnel for any unlawful purpose.

(c) Compel a person to do or refrain from doing any act against his or her will.

(d) Gain or attempt to gain entry to a residence, building, structure, facility, or other property.

(e) Remain or attempt to remain in or upon a residence, building, structure, facility, or other property.

(f) Gain or attempt to gain access to financial account information.

(g) Commit or attempt to commit a crime.

(h) Obtain or attempt to obtain information to which the individual is not entitled.

(i) Gain access or attempt to gain access to a person less than 18 years of age or a vulnerable adult.

(2) As used in this section:

(a) "Emergency medical service personnel" means that term as defined in section 20904 of the public health code, 1978 PA 368, MCL 333.20904.

(b) "Vulnerable adult" means that term as defined in section 145m.

(3) An individual who violates subsection (1) is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both.

(4) A sentence imposed under subsection (3) may be ordered to be served consecutively to any term of imprisonment imposed for another violation arising from the same transaction.


History: Add. 2005, Act 170, Eff. Jan. 1, 2006


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750.217g Badge, patch, or uniform of fire department, life support agency, or medical first response service; selling, furnishing, possessing, wearing, exhibiting, or displaying prohibited; exceptions; violation as misdemeanor; penalty; definitions.

Sec. 217g.

(1) A person shall not sell, furnish, possess, wear, exhibit, display, or use the badge, patch, or uniform, or facsimile of the badge, patch, or uniform, of any organized fire department, life support agency, or medical first response service unless 1 or more of the following apply:

(a) The person receiving or possessing the badge, patch, uniform, or facsimile is authorized to receive or possess the badge, patch, uniform, or facsimile by the chief officer of the organized fire department, life support agency, or medical first response service.

(b) The person receiving or possessing the badge, patch, uniform, or facsimile is a member of the organized fire department or an employee of the life support agency or medical first response service.

(c) The badge is a retirement badge and is in the possession of the retired member of the organized fire department or retired employee of the life support agency or medical first response service.

(d) The badge, patch, or uniform is the badge, patch, or uniform of a deceased member of the organized fire department or deceased employee of the life support agency or medical first response service and is in the possession of his or her spouse, child, or next of kin.

(e) The person receiving, possessing, exhibiting, displaying, or using the badge, patch, uniform, or facsimile is a collector of badges, patches, uniforms, or facsimiles. A badge, patch, uniform, or facsimile possessed as part of a collection shall be in a container or display case when being transported.

(f) The person is in the theatrical profession and wears the badge, patch, uniform, or facsimile while actually engaged in that profession.

(2) A person who violates this section 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.

(3) As used in this section:

(a) "Facsimile" includes both an exact replica of an existing item and a close imitation of an existing item.

(b) "Life support agency" means that term as defined in section 20906 of the public health code, 1978 PA 368, MCL 333.20906.

(c) "Medical first response service" means that term as defined in section 20906 of the public health code, 1978 PA 368, MCL 333.20906.

(d) "Organized fire department" means that term as defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29.1.


History: Add. 2006, Act 405, Eff. Oct. 1, 2006


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750.217h Emblem, insignia, logo, service mark, or other identification; wearing or displaying prohibited; violation as misdemeanor; penalty; definitions.

Sec. 217h.

(1) A person, other than a member of an organized fire department or an employee of a life support agency or medical first response service, shall not wear or display the emblem, insignia, logo, service mark, or other identification of any organized fire department, life support agency, or medical first response service, or a facsimile of any of those items, if either of the following applies:

(a) The person represents himself or herself to another person as being a member of that organized fire department or an employee of that life support agency or medical first response service.

(b) The wearing or display occurs in a manner that would lead a reasonable person to falsely believe that the organized fire department, life support agency, or medical first response service whose emblem, insignia, logo, service mark, or other identification or facsimile is being worn or displayed is promoting or endorsing a commercial service or product or a charitable endeavor.

(2) A person who violates this section 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.

(3) As used in this section:

(a) "Facsimile" includes both an exact replica of an existing item and a close imitation of an existing item.

(b) "Life support agency" means that term as defined in section 20906 of the public health code, 1978 PA 368, MCL 333.20906.

(c) "Medical first response service" means that term as defined in section 20906 of the public health code, 1978 PA 368, MCL 333.20906.

(d) "Organized fire department" means that term as defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29.1.


History: Add. 2006, Act 405, Eff. Oct. 1, 2006


© 2017 Legislative Council, State of Michigan
Chapter XXXVI
FALSE PRETENSES AND FALSE REPRESENTATION


750.218 False pretenses with intent to defraud; violation; penalty; enhanced sentence based on prior convictions; “false pretense” defined.

Sec. 218.

(1) A person who, with the intent to defraud or cheat makes or uses a false pretense to do 1 or more of the following is guilty of a crime punishable as provided in this section:

(a) Cause a person to grant, convey, assign, demise, lease, or mortgage land or an interest in land.

(b) Obtain a person's signature on a forged written instrument.

(c) Obtain from a person any money or personal property or the use of any instrument, facility, article, or other valuable thing or service.

(d) By means of a false weight or measure obtain a larger amount or quantity of property than was bargained for.

(e) By means of a false weight or measure sell or dispose of a smaller amount or quantity of property than was bargained for.

(2) If the land, interest in land, money, personal property, use of the instrument, facility, article, or valuable thing, service, larger amount obtained, or smaller amount sold or disposed of has a value of 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, whichever is greater, or both imprisonment and a fine.

(3) 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, whichever is greater, or both imprisonment and a fine:

(a) The land, interest in land, money, personal property, use of the instrument, facility, article, or valuable thing, service, larger amount obtained, or smaller amount sold or disposed of has a value of $200.00 or more but less than $1,000.00.

(b) The person violates subsection (2) and has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section.

(4) 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, whichever is greater, or both imprisonment and a fine:

(a) The land, interest in land, money, personal property, use of the instrument, facility, article, or valuable thing, service, larger amount obtained, or smaller amount sold or disposed of has a value of $1,000.00 or more but less than $20,000.00.

(b) The person violates subsection (3)(a) and has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).

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

(a) The land, interest in land, money, personal property, use of the instrument, facility, article, or valuable thing, service, larger amount obtained, or smaller amount sold or disposed of has a value of $20,000.00 or more but less than $50,000.00.

(b) The person violates subsection (4)(a) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).

(6) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $25,000.00 or 3 times the value, whichever is greater, or both imprisonment and a fine:

(a) The land, interest in land, money, personal property, use of the instrument, facility, article, or valuable thing, service, larger amount obtained, or smaller amount sold or disposed of has a value of $50,000.00 or more but less than $100,000.00.

(b) The person violates subsection (5)(a) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).

(7) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $35,000.00 or 3 times the value, whichever is greater, or both imprisonment and a fine:

(a) The land, interest in land, money, personal property, use of the instrument, facility, article, or valuable thing, service, larger amount obtained, or smaller amount sold or disposed of has a value of $100,000.00 or more.

(b) The person violates subsection (6)(a) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).

(8) The values of land, interest in land, money, personal property, use of the instrument, facility, article, or valuable thing, service, larger amount obtained, or smaller amount sold or disposed of in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value involved in the violation of this section.

(9) 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.

(10) 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 under 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.

(11) As used in this section, "false pretense" includes, but is not limited to, a false or fraudulent representation, writing, communication, statement, or message, communicated by any means to another person, that the maker of the representation, writing, communication, statement, or message knows is false or fraudulent. The false pretense may be a representation regarding a past or existing fact or circumstance or a representation regarding the intention to perform a future event or to have a future event performed.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.218 ;-- Am. 1957, Act 69, Eff. Sept. 27, 1957 ;-- Am. 1998, Act 312, Eff. Jan. 1, 1999 ;-- Am. 2004, Act 154, Eff. Sept. 1, 2004 ;-- Am. 2011, Act 201, Eff. Jan. 1, 2012
Former Law: See section 39 of Ch. 154 of R.S. 1846, being CL 1857, § 5783; CL 1871, § 7590; How., § 9161; CL 1897, § 11575; CL 1915, § 15320; CL 1929, § 16916; Act 164 of 1867; Act 218 of 1879; and Act 234 of 1895.


© 2017 Legislative Council, State of Michigan


750.219 Financial condition; false statements.

Sec. 219.

Any person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, who, either individually or in a representative capacity, does 1 or more of the following:

(a) Knowingly makes a false statement in writing to any person, firm or corporation engaged in banking or other business respecting his or her own financial condition or the financial condition of any firm or corporation with which he or she is connected as a member, director, officer, employee, or agent, for the purpose of procuring a loan or credit in any form or an extension of credit from the person, firm or corporation to whom the false statement is made, either for his or her own use or for the use of the firm or corporation with which he or she is connected as aforesaid.

(b) Having previously made, or having knowledge that another has previously made a statement in writing to any person, firm, or corporation engaged in banking or other business respecting his or her own financial condition or the financial condition of any firm or corporation with which he or she is connected as aforesaid, shall afterwards procure on faith of such statement from the person, firm, or corporation to whom the previous statement has been made, either for his or her own use or for the use of the firm or corporation with which he or she is so connected, a loan or credit in any form, or an extension of credit, knowing at the time of the procuring that the previously made statement is in any material particular false with respect to the present financial condition of himself or herself or of the firm or corporation with which he or she is so connected.

(c) Delivers to any note broker or other agent for the sale or negotiation of commercial paper, any statement in writing, knowing it to be false, respecting his or her own financial condition or the financial condition of any firm or corporation with which he or she is connected as aforesaid, for the purpose of having the statement used in furtherance of the sale, pledge, or negotiation of any note, bill, or other instrument for the payment of money made or endorsed or accepted or owned in whole or in part by him or her individually or by the firm or corporation with which he or she is so connected.

(d) Having previously delivered or having knowledge that another has previously delivered to any note broker or other agent for the sale or negotiation of commercial paper a statement in writing respecting his or her own financial condition or the financial condition of any firm or corporation with which he or she is connected as aforesaid, shall afterwards deliver to the note broker or other agent for the purpose of sale, pledge, or negotiation on faith of the statement, any note, bill, or other instrument for the payment of money made or endorsed or accepted or owned in whole or in part by himself or herself individually or by the firm or corporation with which he or she is so connected, knowing at the time that such previously delivered statement is in any material particular false as to the present financial condition of himself or herself or of such firm or corporation.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.219 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 1 of Act 25 of 1909, being CL 1915, § 15342; and CL 1929, § 16992.


© 2017 Legislative Council, State of Michigan


750.219a Obtaining telecommunications services with intent to avoid charge; violation; separate incidents pursuant to scheme or course of conduct; enhanced sentence based on prior convictions; definitions.

Sec. 219a.

(1) A person shall not knowingly obtain or attempt to obtain telecommunications service with intent to avoid, attempt to avoid, or cause another person to avoid or attempt to avoid any lawful charge for that telecommunications service by using any of the following:

(a) A telecommunications access device.

(b) An unlawful telecommunications access device.

(c) A fraudulent or deceptive scheme, pretense, method, or conspiracy, or any device or other means, including, but not limited to, any of the following:

(i) Using a false, altered, or stolen identification.

(ii) The use of a telecommunications access device to violate this section by a person other than the subscriber or lawful holder of the telecommunications access device under an exchange of anything of value to the subscriber or lawful holder to allow that unlawful use of the telecommunications access device.

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

(a) If the total value of the telecommunications service obtained or attempted to be obtained 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 total value of the telecommunications service obtained or attempted to be obtained, 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 total value of the telecommunications service obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine:

(i) The total value of the telecommunications service obtained or attempted to be obtained 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 an offense under this section or former section 219c or a local ordinance substantially corresponding to this section or former section 219c.

(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 total value of the telecommunications service obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine:

(i) The total value of the telecommunications service obtained or attempted to be obtained 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 committing or attempting to commit an offense under 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 10 years or a fine of not more than $15,000.00 or 3 times the value of the telecommunications service obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine:

(i) The total value of the telecommunications service obtained or attempted to be obtained is $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 an offense under 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).

(3) The values of telecommunications service obtained or attempted to be obtained 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 the telecommunications service obtained or attempted to be obtained.

(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) 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.

(6) As used in this section:

(a) “Telecommunications” and “telecommunications service” mean any service lawfully provided for a charge or compensation to facilitate the origination, transmission, retransmission, emission, or reception of signs, data, images, signals, writings, sounds, or other intelligence or equivalence of intelligence of any nature over any telecommunications system by any method, including, but not limited to, electronic, electromagnetic, magnetic, optical, photo-optical, digital, or analog technologies.

(b) “Telecommunications access device” means any of the following:

(i) Any instrument, device, card, plate, code, telephone number, account number, personal identification number, electronic serial number, mobile identification number, counterfeit number, or financial transaction device as defined in section 157m that alone or with another device can acquire, transmit, intercept, provide, receive, use, or otherwise facilitate the use, acquisition, interception, provision, reception, and transmission of any telecommunications service.

(ii) Any type of instrument, device, machine, equipment, technology, or software that facilitates telecommunications or which is capable of transmitting, acquiring, intercepting, decrypting, or receiving any telephonic, electronic, data, internet access, audio, video, microwave, or radio transmissions, signals, telecommunications, or services, including the receipt, acquisition, interception, transmission, retransmission, or decryption of all telecommunications, transmissions, signals, or services provided by or through any cable television, fiber optic, telephone, satellite, microwave, data transmission, radio, internet based or wireless distribution network, system, or facility, or any part, accessory, or component, including any computer circuit, security module, smart card, software, computer chip, pager, cellular telephone, personal communications device, transponder, receiver, modem, electronic mechanism or other component, accessory, or part of any other device that is capable of facilitating the interception, transmission, retransmission, decryption, acquisition, or reception of any telecommunications, transmissions, signals, or services.

(c) “Telecommunications service provider” means any of the following:

(i) A person or entity providing a telecommunications service, whether directly or indirectly as a reseller, including, but not limited to, a cellular, paging, or other wireless communications company or other person or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office, or other equipment or telecommunications service.

(ii) A person or entity owning or operating any fiber optic, cable television, satellite, internet based, telephone, wireless, microwave, data transmission or radio distribution system, network, or facility.

(iii) A person or entity providing any telecommunications service directly or indirectly by or through any distribution systems, networks, or facilities.

(d) “Telecommunications system” means any system, network, or facility owned or operated by a telecommunications service provider, including any radio, telephone, fiber optic, cable television, satellite, microwave, data transmission, wireless, or internet based system, network, or facility.

(e) “Unlawful telecommunications access device” means any of the following:

(i) A telecommunications access device that is false, fraudulent, unlawful, not issued to a legitimate telecommunications access device subscriber account, or otherwise invalid or that is expired, suspended, revoked, canceled, or otherwise terminated if notice of the expiration, suspension, revocation, cancellation, or termination has been sent to the telecommunications access device subscriber.

(ii) Any phones altered to obtain service without the express authority or actual consent of the telecommunications service provider, a clone telephone, clone microchip, tumbler telephone, tumbler microchip, or wireless scanning device capable of acquiring, intercepting, receiving, or otherwise facilitating the use, acquisition, interception, or receipt of a telecommunications service without the express authority or actual consent of the telecommunications service provider.

(iii) Any telecommunications access device that has been manufactured, assembled, altered, designed, modified, programmed, or reprogrammed, alone or in conjunction with another device, so as to be capable of facilitating the disruption, acquisition, interception, receipt, transmission, retransmission, or decryption of a telecommunications service without the actual consent or express authorization of the telecommunications service provider, including, but not limited to, any device, technology, product, service, equipment, computer software, or component or part, primarily distributed, sold, designed, assembled, manufactured, modified, programmed, reprogrammed, or used for the purpose of providing the unauthorized receipt of, transmission of, interception of, disruption of, decryption of, access to, or acquisition of any telecommunications service provided by any telecommunications service provider.

(iv) Any type of instrument, device, machine, equipment, technology, or software that is primarily designed, assembled, developed, manufactured, sold, distributed, possessed, used, or offered, promoted, or advertised, for the purpose of defeating or circumventing any technology, device, or software, or any component or part, used by the provider, owner, or licensee of any telecommunications service or of any data, audio, or video programs or transmissions, to protect any such telecommunications, data, audio, or video services, programs, or transmissions from unauthorized receipt, acquisition, interception, access, decryption, disclosure, communication, transmission, or retransmission.

(f) “Value of the telecommunications service obtained or attempted to be obtained” includes, but is not limited to, all of the following:

(i) Any lawful charge for telecommunications services avoided or attempted to be avoided.

(ii) The value of any other money, property, or telecommunications service lost, stolen, or rendered unrecoverable by the violation.

(iii) Any actual expenditure incurred by the victim to verify that a telecommunications device or telecommunications access device or telecommunications service was not altered, acquired, damaged, disrupted, destroyed, or stolen as a result of the violation.

(iv) The value of all telecommunications services available to the violator and others as a result of the violation.


History: Add. 1961, Act 93, Eff. Sept. 8, 1961 ;-- Am. 1967, Act 255, Eff. Nov. 2, 1967 ;-- Am. 1996, Act 330, Eff. Apr. 1, 1997 ;-- Am. 1998, Act 312, Eff. Jan. 1, 1999 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003


© 2017 Legislative Council, State of Michigan


750.219b Repealed. 1967, Act 255, Eff. Nov. 2, 1967.


Compiler's Notes: The repealed section prescribed notice of revocation of credit card number or device.


© 2017 Legislative Council, State of Michigan


750.219c Repealed. 1996, Act 330, Eff. Apr. 1, 1997.


Compiler's Notes: The repealed section pertained to use of telecommunication equipment with intent to avoid payment.


© 2017 Legislative Council, State of Michigan


750.219d Residential mortgage fraud; prohibited conduct; venue; violation as felony; penalty; separate offenses; affirmative defense; property subject to forfeiture; order; definitions.

Sec. 219d.

(1) A person that knowingly, with the intent to defraud, does any of the following is guilty of the crime of residential mortgage fraud, punishable as provided in this section:

(a) Makes a false statement or misrepresentation concerning a material fact or deliberately conceals or fails to disclose a material fact during the mortgage lending process.

(b) During the mortgage lending process, makes or uses a false pretense, or uses or facilitates the use of another person's false pretense, concerning the person's intent to perform a future event or to have a future event performed. As used in this subdivision, "false pretense" means that term as defined in section 218.

(c) Uses or facilitates the use of a false statement or misrepresentation made by another person concerning a material fact or deliberately uses or facilitates the use of another person's concealment or failure to disclose a material fact during the mortgage lending process.

(d) Receives or attempts to receive any proceeds or any other money in connection with the mortgage lending process that the person knows resulted from a violation of subdivision (a) or (b).

(e) Files or causes to be filed with the register of deeds of any county of this state any document involved in the mortgage lending process that the person knows to contain a deliberate material misstatement, misrepresentation, or omission.

(f) Fails to disburse funds in accordance with the settlement or closing statement for the mortgage loan.

(g) Conspires to violate subdivision (a), (b), (c), (d), (e), or (f).

(h) Solicits, encourages, or coerces another person to violate subdivision (a), (b), (c), (d), (e), or (f).

(2) A crime of residential mortgage fraud under this section shall not be predicated solely upon information lawfully disclosed under federal disclosure laws, regulations, or interpretations related to the mortgage lending process.

(3) For the purpose of determining venue of a prosecution under this section, a violation of this section is considered to have been committed in any of the following:

(a) In the county in which the residential property for which the mortgage loan is obtained or sought is located.

(b) In the county in which an owner of the property for which the mortgage loan was obtained or sought resides.

(c) In any county in which a material act was performed in furtherance of the violation.

(4) A person who violates this section is guilty of a felony punishable by 1 of the following:

(a) Except for a violation described in subdivision (b), imprisonment for not more than 15 years or a fine of not more than $100,000.00, or both.

(b) If the violation occurs in connection with the mortgage lending process in which the loan value stated on documents used in the mortgage lending process exceeds $100,000.00, imprisonment for not more than 20 years or a fine of not more than $500,000.00, or both.

(5) Each violation of this section constitutes a separate offense.

(6) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law that is committed by that person while violating this section.

(7) It is an affirmative defense to a prosecution of a defendant for a violation of this section committed by an employee or agent of the defendant if the defendant demonstrates all of the following by a preponderance of the evidence:

(a) The defendant had in force at the time of the violation and continues to have in force a written policy that includes at least all of the following:

(i) A prohibition against conduct that violates this section by employees and agents of the defendant.

(ii) Penalties or discipline for violation of the policy.

(iii) A process for educating employees and agents concerning the policy and consequences of a violation.

(iv) A requirement for a criminal history check before employing an employee or engaging an agent and a requirement that the defendant will not employ or engage an individual whose criminal history check reveals a previous conviction of a crime involving fraud.

(b) The defendant demonstrates that it enforces the written policy described in subdivision (a).

(c) Before the violation of this section, the defendant communicated the written policy described in subdivision (a) and the consequences for violating the policy to the employee or agent who committed the violation.

(8) Property of any kind used or intended for use in the course of, derived from, or received in connection with a violation of this section by the person that violated this section is subject to forfeiture in the same manner as provided in chapter 47 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709.

(9) All of the following apply if a person is convicted of a violation of subsection (1) or of a lesser included offense in connection with a completed residential mortgage loan transaction:

(a) Within 6 months of the date of the conviction, the mortgagor who obtained the residential mortgage loan may request an order described in subdivision (b) if the court makes all of the following findings:

(i) The mortgagor was a victim of the residential mortgage fraud and was not involved in any criminal activity.

(ii) The mortgagor did not knowingly apply for the residential mortgage loan or execute the documents involved in the mortgage lending process.

(b) If subdivision (a) is met, the court shall enter an order indicating that the residential mortgage and other documents involved in the mortgage lending process are invalid. The court shall require that the victim of the residential mortgage fraud record a certified copy of the order and a copy of the invalid residential mortgage in the office of the register of deeds of the county where the mortgaged residential property is located, and the register of deeds shall record those documents as provided in section 2935 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2935. The court shall designate in the order the person responsible for paying the fee for recording those documents.

(c) If a mortgagor described in subdivision (a) requests an order described in subdivision (b), and the residential mortgage or any other documents involved in the mortgage lending process were previously recorded, the prosecutor in the criminal proceeding shall provide the circuit court with the name of the county in which the document or documents were recorded and the liber and page number or unique identifying reference number of the recorded residential mortgage or other document or documents, and the court shall include that information in the order.

(d) If a county register of deeds receives a certified copy of an order and a copy of the invalid residential mortgage for recording, the register of deeds shall make reference to the liber and page number or unique identifying reference number of the invalid residential mortgage in the index of the recorded documents.

(e) If the circuit court enters an order described in subdivision (b), before the order is recorded, the victim of the residential mortgage fraud shall provide written notice to the residential mortgage lender, and any successors or assigns of the lender, that the court has entered the order. A lender and any successor or assignee of a lender that receives a notice under this subdivision may request a court hearing to contest the court's order, but that person must request the hearing within 30 days after receiving the notice.

(10) As used in this section:

(a) "Documents involved in the mortgage lending process" includes, but is not limited to, mortgages; deeds; surveys; inspection reports; uniform residential loan applications or other loan applications; appraisal reports; HUD-1 settlement statements; supporting personal documentation for loan applications such as W-2 forms, verifications of income and employment, bank statements, tax returns, and payroll stubs; and any written disclosures required by law.

(b) "Mortgage lending process" means the process through which a person seeks or obtains a residential mortgage loan, including, but not limited to, solicitation, application, or origination, negotiation of terms, third-party provider services, underwriting, signing and closing, and funding of the loan.

(c) "Person" means an individual, corporation, limited liability company, partnership, trustee, association, or other legal entity.

(d) "Residential mortgage loan" means a loan or agreement to extend credit made to a person that is secured by a mortgage, security interest, or other document representing a security interest or lien on any interest in a 1-family to 4-family dwelling located in this state. The term includes a renewal, extension, or refinancing of a residential mortgage loan.


History: Add. 2011, Act 205, Eff. Jan. 1, 2012


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750.219e Prohibited conduct; violation as felony; penalty; exception; “financial institution” defined.

Sec. 219e.

(1) Except as otherwise provided by law, a person shall not do any of the following:

(a) Prepare or submit an application for a loan or other extension of credit in another person's name without authorization from that other person.

(b) Receive or possess an application for a loan or other extension of credit knowing or having reason to know the application was prepared or submitted in violation of subsection (1).

(c) Receive or possess any instrument or device for accessing the proceeds of a loan or other extension of credit knowing or having reason to know the instrument or device was obtained as a result of a violation of subsection (1).

(2) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,500.00, or both.

(3) Subsection (1) does not apply to a financial institution or an affiliate, licensee, or franchisee of a financial institution or to a director, officer, or employee of a financial institution or an affiliate, licensee, or franchisee of a financial institution who does any of the following:

(a) Prepares or submits an application in another person's name without prior actual knowledge that the application is being prepared or was prepared in violation of subsection (1).

(b) Submits an application prepared in another person's name to a federal, state, or local law enforcement agency or regulatory agency.

(c) Submits an application prepared in another person's name to a credit reporting bureau or other person to determine whether the application was prepared in violation of subsection (1) or any other law or regulation.

(d) Receives or possesses an application prepared in another person's name without prior actual knowledge that the application was prepared in violation of subsection (1).

(e) Receives or possesses an instrument or device obtained as a result of a violation of subsection (1) without prior actual knowledge that the instrument or device was obtained as a result of a violation of subsection (1).

(4) As used in this section, “financial institution” means any of the following:

(a) A regulated lender as defined in section 2 of the credit reform act, 1995 PA 162, MCL 445.1852.

(b) A person licensed under the Michigan BIDCO act, 1986 PA 89, MCL 487.1101 to 487.2001.

(c) A person licensed or registered under the mortgage brokers, lenders, and servicers licensing act, 1987 PA 173, MCL 445.1651 to 445.1684.

(d) A person licensed or registered under the secondary mortgage loan act, 1981 PA 125, MCL 493.51 to 493.81.

(e) A person subject to the retail installment sales act, 1966 PA 224, MCL 445.851 to 445.873.

(f) A person subject to the motor vehicle sales finance act, 1950 PA 27, MCL 492.101 to 492.141.

(g) A person chartered or regulated by the office of the comptroller of the currency, the federal deposit insurance corporation, the federal reserve, or the office of thrift management.


History: Add. 1999, Act 164, Eff. Feb. 3, 2000


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750.219f Forwarding loan or accessing loan proceeds in violation of chapter; violation as felony; penalty; exception; “financial institution” defined.

Sec. 219f.

(1) A person shall not receive with the intent to forward, possess with the intent to forward, or forward an application for a loan or other extension of credit on behalf of a person to another person knowing or having reason to know the application has been prepared or is being submitted in violation of this chapter.

(2) A person shall not receive with the intent to forward, possess with the intent to forward, or forward to another person any instrument or device for accessing the proceeds of a loan or other extension of credit knowing or having reason to know the instrument or device was obtained as a result of a violation of this chapter.

(3) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $100,000.00, or both.

(4) Subsections (1) and (2) do not apply to a financial institution or an affiliate, licensee, or franchisee of a financial institution or to a director, officer, or employee of a financial institution or an affiliate, licensee, or franchisee of a financial institution who does any of the following:

(a) Receives with the intent to forward, possesses with the intent to forward, or forwards an application in another person's name without prior actual knowledge that the application was prepared in violation of this chapter.

(b) Forwards an application prepared in another person's name to a federal, state, or local law enforcement agency or regulatory agency.

(c) Forwards an application prepared in another person's name to a credit reporting bureau or other person to determine whether the application was prepared in violation of subsection (1) or any other law or regulation.

(d) Receives with intent to forward, possesses with intent to forward, or forwards an instrument or device without prior actual knowledge that the instrument or device was obtained as a result of a violation of this chapter.

(5) As used in this section, “financial institution” means any of the following:

(a) A regulated lender as defined in section 2 of the credit reform act, 1995 PA 162, MCL 445.1852.

(b) A person licensed under the Michigan BIDCO act, 1986 PA 89, MCL 487.1101 to 487.2001.

(c) A person licensed or registered under the mortgage brokers, lenders, and servicers licensing act, 1987 PA 173, MCL 445.1651 to 445.1684.

(d) A person licensed or registered under the secondary mortgage loan act, 1981 PA 125, MCL 493.51 to 493.81.

(e) A person subject to the retail installment sales act, 1966 PA 224, MCL 445.851 to 445.873.

(f) A person subject to the motor vehicle sales finance act, 1950 PA 27, MCL 492.101 to 492.141.

(g) A person chartered or regulated by the office of the comptroller of the currency, the federal deposit insurance corporation, the federal reserve, or the office of thrift management.


History: Add. 1999, Act 166, Eff. Feb. 3, 2000


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750.220 Property valuation or indebtedness; false statements.

Sec. 220.

Any person who willfully and knowingly makes any false statement in writing of his or her property valuation, real or personal, or both, or of his or her indebtedness, for the purpose of obtaining credit from any person, company, co-partnership, association, or corporation, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.220 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 1 of Act 85 of 1909, being CL 1915, § 15343; and CL 1929, § 16993.


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750.221 False representation as blind, deafblind, hard of hearing, or person with disability; violation as misdemeanor; penalty.

Sec. 221.

A person shall not falsely represent himself or herself as blind, deaf, deafblind, or hard of hearing or as a person who has a disability for the purpose of obtaining money or anything of value. A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.221 ;-- Am. 2016, Act 132, Eff. Aug. 24, 2016
Former Law: See section 1 of Act 135 of 1917, being CL 1929, § 17102.


© 2017 Legislative Council, State of Michigan
Chapter XXXVII
FIREARMS


750.222 Definitions.

Sec. 222.

As used in this chapter:

(a) "Alcoholic liquor" means that term as defined in section 105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1105.

(b) "Barrel length" means the internal length of a firearm as measured from the face of the closed breech of the firearm when it is unloaded, to the forward face of the end of the barrel.

(c) "Brandish" means to point, wave about, or display in a threatening manner with the intent to induce fear in another person.

(d) "Controlled substance" means a controlled substance or controlled substance analogue as those terms are defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

(e) "Firearm" means any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive.

(f) "Pistol" means a loaded or unloaded firearm that is 26 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals itself as a firearm.

(g) "Pneumatic gun" means that term as defined in section 1 of 1990 PA 319, MCL 123.1101.

(h) "Purchaser" means a person who receives a pistol from another person by purchase, gift, or loan.

(i) "Rifle" means a firearm designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

(j) "Seller" means a person who sells, furnishes, loans, or gives a pistol to another person.

(k) "Short-barreled rifle" means a rifle having 1 or more barrels less than 16 inches in length or a weapon made from a rifle, whether by alteration, modification, or otherwise, if the weapon as modified has an overall length of less than 26 inches.

(l) "Short-barreled shotgun" means a shotgun having 1 or more barrels less than 18 inches in length or a weapon made from a shotgun, whether by alteration, modification, or otherwise, if the weapon as modified has an overall length of less than 26 inches.

(m) "Shotgun" means a firearm designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single function of the trigger.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.222 ;-- Am. 1964, Act 215, Eff. Aug. 28, 1964 ;-- Am. 1978, Act 564, Imd. Eff. Dec. 29, 1978 ;-- Am. 1992, Act 217, Imd. Eff. Oct. 13, 1992 ;-- Am. 2001, Act 135, Eff. Feb. 1, 2002 ;-- Am. 2012, Act 242, Eff. Jan. 1, 2013 ;-- Am. 2015, Act 26, Eff. July 1, 2015 ;-- Am. 2015, Act 28, Eff. Aug. 10, 2015


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750.222a “Double-edged, nonfolding stabbing instrument” defined.

Sec. 222a.

(1) As used in this chapter, “doubled-edged, nonfolding stabbing instrument” does not include a knife, tool, implement, arrowhead, or artifact manufactured from stone by means of conchoidal fracturing.

(2) Subsection (1) does not apply to an item being transported in a vehicle, unless the item is in a container and inaccessible to the driver.


History: Add. 2000, Act 343, Imd. Eff. Dec. 27, 2000


© 2017 Legislative Council, State of Michigan


750.223 Selling firearms and ammunition; violations; penalties; “licensed dealer” defined.

Sec. 223.

(1) A person who knowingly sells a pistol without complying with section 2 of 1927 PA 372, MCL 28.422, is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both.

(2) A person who knowingly sells a firearm more than 26 inches in length to a person under 18 years of age is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $500.00, or both. A second or subsequent violation of this subsection is a felony punishable by imprisonment for not more than 4 years, or a fine of not more than $2,000.00, or both. It is an affirmative defense to a prosecution under this subsection that the person who sold the firearm asked to see and was shown a driver's license or identification card issued by a state that identified the purchaser as being 18 years of age or older.

(3) A seller shall not sell a firearm or ammunition to a person if the seller knows that either of the following circumstances exists:

(a) The person is under indictment for a felony. As used in this subdivision, "felony" means a violation of a law of this state, or of another state, or of the United States that is punishable by imprisonment for 4 years or more.

(b) The person is prohibited under section 224f from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm.

(4) A person who violates subsection (3) is guilty of a felony, punishable by imprisonment for not more than 10 years, or by a fine of not more than $5,000.00, or both.

(5) As used in this section, "licensed dealer" means a person licensed under 18 USC 923 who regularly buys and sells firearms as a commercial activity with the principal objective of livelihood and profit.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.223 ;-- Am. 1969, Act 210, Eff. Mar. 20, 1970 ;-- Am. 1990, Act 321, Eff. Mar. 28, 1991 ;-- Am. 1992, Act 217, Imd. Eff. Oct. 13, 1992 ;-- Am. 1992, Act 221, Eff. Mar. 31, 1993 ;-- Am. 2012, Act 242, Eff. Jan. 1, 2013


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750.224 Weapons; manufacture, sale, or possession as felony; violation as felony; penalty; exceptions; "muffler" or "silencer" defined.

Sec. 224.

(1) A person shall not manufacture, sell, offer for sale, or possess any of the following:

(a) A machine gun or firearm that shoots or is designed to shoot automatically more than 1 shot without manual reloading, by a single function of the trigger.

(b) A muffler or silencer.

(c) A bomb or bombshell.

(d) A blackjack, slungshot, billy, metallic knuckles, sand club, sand bag, or bludgeon.

(e) A device, weapon, cartridge, container, or contrivance designed to render a person temporarily or permanently disabled by the ejection, release, or emission of a gas or other substance.

(2) A person who violates subsection (1) is guilty of a felony, punishable by imprisonment for not more than 5 years, or a fine of not more than $2,500.00, or both.

(3) Subsection (1) does not apply to any of the following:

(a) A self-defense spray or foam device as defined in section 224d.

(b) A person manufacturing firearms, explosives, or munitions of war by virtue of a contract with a department of the government of the United States.

(c) A person licensed by the secretary of the treasury of the United States or the secretary's delegate to manufacture, sell, or possess a machine gun, or a device, weapon, cartridge, container, or contrivance described in subsection (1).

(4) As used in this chapter, "muffler" or "silencer" means 1 or more of the following:

(a) A device for muffling, silencing, or deadening the report of a firearm.

(b) A combination of parts, designed or redesigned, and intended for use in assembling or fabricating a muffler or silencer.

(c) A part, designed or redesigned, and intended only for use in assembling or fabricating a muffler or silencer.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.224 ;-- Am. 1959, Act 175, Eff. Mar. 19, 1960 ;-- Am. 1978, Act 564, Imd. Eff. Dec. 29, 1978 ;-- Am. 1980, Act 346, Eff. Mar. 31, 1981 ;-- Am. 1990, Act 321, Eff. Mar. 28, 1991 ;-- Am. 1991, Act 33, Imd. Eff. June 10, 1991 ;-- Am. 2006, Act 401, Eff. Dec. 28, 2006
Constitutionality: The Michigan supreme court held that the statute was not unconstitutionally vague as applied to the defendant in People v Lynch, 410 Mich 343; 301 NW2d 796 (1981).
Former Law: See section 3 of Act 372 of 1927, being CL 1929, § 16751; and Act 206 of 1929.


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750.224a Portable device or weapon directing electrical current, impulse, wave, or beam; sale or possession prohibited; exceptions; use of electro-muscular disruption technology; violation; penalty; verification of identity and possession of license; prohibited use; definitions.

Sec. 224a.

(1) Except as otherwise provided in this section, a person shall not sell, offer for sale, or possess in this state a portable device or weapon from which an electrical current, impulse, wave, or beam may be directed, which current, impulse, wave, or beam is designed to incapacitate temporarily, injure, or kill.

(2) This section does not prohibit any of the following:

(a) The possession and reasonable use of a device that uses electro-muscular disruption technology by a peace officer, or by any of the following individuals if the individual has been trained in the use, effects, and risks of the device, and is using the device while performing his or her official duties:

(i) An employee of the department of corrections who is authorized in writing by the director of the department of corrections to possess and use the device.

(ii) A local corrections officer authorized in writing by the county sheriff to possess and use the device.

(iii) An individual employed by a local unit of government that utilizes a jail or lockup facility who has custody of persons detained or incarcerated in the jail or lockup facility and who is authorized in writing by the chief of police, director of public safety, or sheriff to possess and use the device.

(iv) A probation officer.

(v) A court officer.

(vi) A bail agent authorized under section 167b.

(vii) A licensed private investigator.

(viii) An aircraft pilot or aircraft crew member.

(ix) An individual employed as a private security police officer. As used in this subparagraph, "private security police" means that term as defined in section 2 of the private security business and security alarm act, 1968 PA 330, MCL 338.1052.

(b) The possession and reasonable use of a device that uses electro-muscular disruption technology by an individual who holds a valid license to carry a concealed pistol under section 5b of 1927 PA 372, MCL 28.425, and who has been trained under subsection (5) in the use, effects, and risks of the device.

(c) Possession solely for the purpose of delivering a device described in subsection (1) to any governmental agency or to a laboratory for testing, with the prior written approval of the governmental agency or law enforcement agency and under conditions determined to be appropriate by that agency.

(3) A manufacturer, authorized importer, or authorized dealer may demonstrate, offer for sale, hold for sale, sell, give, lend, or deliver a device that uses electro-muscular disruption technology to a person authorized to possess a device that uses electro-muscular disruption technology and may possess a device that uses electro-muscular disruption technology for any of those purposes.

(4) A person who violates subsection (1) is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

(5) An authorized dealer or other person who sells a device that uses electro-muscular disruption technology to an individual described in subsection (2)(b) shall verify the individual's identity and verify that the individual holds a valid concealed pistol license issued under section 5b of 1927 PA 372, MCL 28.425b, and shall provide to the individual purchasing the device, at the time of the sale, training on the use, effects, and risks of the device. A person who violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 30 days or a fine of not more than $500.00, or both.

(6) An individual described in subsection (2) shall not use a device that uses electro-muscular disruption technology against another person except under circumstances that would justify the individual's lawful use of physical force. An individual who violates this subdivision is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

(7) As used in this section:

(a) "A device that uses electro-muscular disruption technology" means a device to which both of the following apply:

(i) The device is capable of creating an electro-muscular disruption and is used or intended to be used as a defensive device capable of temporarily incapacitating or immobilizing a person by the direction or emission of conducted energy.

(ii) The device contains an identification and tracking system that, when the device is initially used, dispenses coded material traceable to the purchaser through records kept by the manufacturer, and the manufacturer of the device has a policy of providing that identification and tracking information to a police agency upon written request by that agency. However, this subdivision does not apply to a launchable device that is used only by law enforcement agencies.

(b) "Local corrections officer" means that term as defined in section 2 of the local corrections officers training act, 2003 PA 125, MCL 791.532.

(c) "Peace officer" means any of the following:

(i) A police officer or public safety officer of this state or a political subdivision of this state, including motor carrier officers appointed under section 6d of 1935 PA 59, MCL 28.6d, and security personnel employed by the state under section 6c of 1935 PA 59, MCL 28.6c.

(ii) A sheriff or a sheriff's deputy.

(iii) A police officer or public safety officer of a junior college, college, or university who is authorized by the governing board of that junior college, college, or university to enforce state law and the rules and ordinances of that junior college, college, or university.

(iv) A township constable.

(v) A marshal of a city, village, or township.

(vi) A conservation officer of the department of natural resources or the department of environmental quality.

(vii) A reserve peace officer, as that term is defined in section 1 of 1927 PA 372, MCL 28.421.

(viii) A law enforcement officer of another state or of a political subdivision of another state or a junior college, college, or university in another state, substantially corresponding to a law enforcement officer described in subparagraphs (i) to (vii).

(ix) A federal law enforcement officer.


History: Add. 1976, Act 106, Eff. July 1, 1976 ;-- Am. 2002, Act 709, Imd. Eff. Dec. 30, 2002 ;-- Am. 2004, Act 338, Imd. Eff. Sept. 23, 2004 ;-- Am. 2006, Act 457, Imd. Eff. Dec. 20, 2006 ;-- Am. 2012, Act 122, Eff. Aug. 6, 2012


© 2017 Legislative Council, State of Michigan


750.224b Short-barreled shotgun or rifle; making, manufacturing, transferring, or possessing as felony; penalty; exceptions; short-barreled shotgun or rifle 26 inches or less; short-barreled shotgun or rifle greater than 26 inches; violation of subsection (5) as civil infraction; seizure and forfeiture; applicability of MCL 776.20 to subsection (3).

Sec. 224b.

(1) A person shall not make, manufacture, transfer, or possess a short-barreled shotgun or a short-barreled rifle.

(2) A person who violates subsection (1) is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500.00, or both.

(3) Subsection (1) does not apply to a short-barreled shotgun or short-barreled rifle that is lawfully made, manufactured, transferred, or possessed under federal law.

(4) A person, excluding a manufacturer, lawfully making, transferring, or possessing a short-barreled shotgun or short-barreled rifle that is 26 inches or less in length under this section shall comply with section 2 or 2a of 1927 PA 372, MCL 28.422 and 28.422a.

(5) A person who possesses a short-barreled shotgun or short-barreled rifle that is greater than 26 inches in length under this section shall possess a copy of the federal registration of that short-barreled shotgun or short-barreled rifle while transporting or using that short-barreled shotgun or short-barreled rifle and shall present that federal registration to a peace officer upon request by that peace officer.

(6) A person who violates subsection (5) is responsible for a state civil infraction and may be fined not more than $100.00. A short-barreled shotgun or short-barreled rifle carried in violation of subsection (5) is subject to immediate seizure by a peace officer. If a peace officer seizes a short-barreled shotgun or short-barreled rifle under this subsection, the person has 45 days in which to display the federal registration to an authorized employee of the law enforcement entity that employs the peace officer. If the person displays the federal registration to an authorized employee of the law enforcement entity that employs the peace officer within the 45-day period, the authorized employee of that law enforcement entity shall return the short-barreled shotgun or short-barreled rifle to the person unless the person is prohibited by law from possessing a firearm. If the person does not display the federal registration within the 45-day period, the short-barreled shotgun or short-barreled rifle is subject to seizure and forfeiture in the same manner that property is subject to seizure and forfeiture under sections 4701 to 4709 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709.

(7) Section 20 of chapter XVI of the code of criminal procedure, 1927 PA 175, MCL 776.20, applies to subsection (3).


History: Add. 1978, Act 564, Imd. Eff. Dec. 29, 1978 ;-- Am. 2008, Act 196, Eff. Jan. 7, 2009 ;-- Am. 2014, Act 63, Imd. Eff. Mar. 27, 2014


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750.224c Armor piercing ammunition; manufacture, distribution, sale, or use prohibited; exceptions; violation as felony; penalty; definitions; exemption of projectile or projectile core; rule.

Sec. 224c.

(1) Except as provided in subsection (2), a person shall not manufacture, distribute, sell, or use armor piercing ammunition in this state. A person who willfully violates this section is guilty of a felony, punishable by imprisonment for not more than 4 years, or by a fine of not more than $2,000.00, or both.

(2) This section does not apply to either of the following:

(a) A person who manufactures, distributes, sells, or uses armor piercing ammunition in this state, if that manufacture, distribution, sale, or use is not in violation of chapter 44 of title 18 of the United States Code.

(b) A licensed dealer who sells or distributes armor piercing ammunition in violation of this section if the licensed dealer is subject to license revocation under chapter 44 of title 18 of the United States Code for that sale or distribution.

(3) As used in this section:

(a) “Armor piercing ammunition” means a projectile or projectile core which may be used in a pistol and which is constructed entirely, excluding the presence of traces of other substances, of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or a combination of tungsten alloys, steel, iron, brass, bronze, or beryllium copper. Armor piercing ammunition does not include any of the following:

(i) Shotgun shot that is required by federal law or by a law of this state to be used for hunting purposes.

(ii) A frangible projectile designed for target shooting.

(iii) A projectile that the director of the department of state police finds is primarily intended to be used for sporting purposes.

(iv) A projectile or projectile core that the director of the department of state police finds is intended to be used for industrial purposes.

(b) “Licensed dealer” means a person licensed under chapter 44 of title 18 of the United States Code to deal in firearms or ammunition.

(4) The director of the department of state police shall exempt a projectile or projectile core under subsection (3)(a)(iii) or (iv) if that projectile or projectile core is exempted under chapter 44 of title 18 of the United States Code. The director of state police shall exempt a projectile or projectile core under subsection (3)(a)(iii) or (iv) only by a rule promulgated in compliance with the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.


History: Add. 1990, Act 318, Eff. Mar. 28, 1991


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750.224d Self-defense spray or foam device.

Sec. 224d.

(1) As used in this section and section 224, "self-defense spray or foam device" means a device to which all of the following apply:

(a) The device is capable of carrying, and ejects, releases, or emits 1 of the following:

(i) Not more than 35 grams of any combination of orthochlorobenzalmalononitrile and inert ingredients.

(ii) A solution containing not more than 18% oleoresin capsicum.

(iii) A solution containing an ultraviolet dye and not more than 18% oleoresin capsicum.

(b) The device does not eject, release, or emit any gas or substance that will temporarily or permanently disable, incapacitate, injure, or harm a person with whom the gas or substance comes in contact, other than the substance described in subdivision (a)(i), (ii), or (iii).

(2) Except as otherwise provided in this section, a person who uses a self-defense spray or foam device to eject, release, or emit orthochlorobenzalmalononitrile or oleoresin capsicum at another person is guilty of a misdemeanor, punishable by imprisonment for not more than 2 years, or a fine of not more than $2,000.00, or both.

(3) If a person uses a self-defense spray or foam device during the commission of a crime to eject, release, or emit orthochlorobenzalmalononitrile or oleoresin capsicum or threatens to use a self-defense spray or foam device during the commission of a crime to temporarily or permanently disable another person, the judge who imposes sentence upon a conviction for that crime shall consider the defendant's use or threatened use of the self-defense spray or foam device as a reason for enhancing the sentence.

(4) A person shall not sell a self-defense spray or foam device to a minor. A person who violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

(5) Subsection (2) does not prohibit either of the following:

(a) The reasonable use of a self-defense spray or foam device containing not more than 18% oleoresin capsicum by a person who is employed by a county sheriff or a chief of police and who is authorized in writing by the county sheriff or chief of police to carry and use a self-defense spray or foam device and has been trained in the use, effects, and risks of the device, while in performance of his or her official duties.

(b) The reasonable use of either of the following by a person in the protection of a person or property under circumstances that would justify the person's use of physical force:

(i) A self-defense spray or foam device containing not more than 18% oleoresin capsicum.

(ii) A self-defense spray or foam device containing an ultraviolet dye and not more than 18% oleoresin capsicum.


History: Add. 1980, Act 346, Eff. Mar. 31, 1981 ;-- Am. 1991, Act 33, Imd. Eff. June 10, 1991 ;-- Am. 1992, Act 4, Imd. Eff. Feb. 21, 1992 ;-- Am. 2006, Act 401, Eff. Dec. 28, 2006 ;-- Am. 2010, Act 365, Imd. Eff. Dec. 22, 2010 ;-- Am. 2018, Act 98, Imd. Eff. Apr. 2, 2018


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750.224e Conversion of semiautomatic firearm to fully automatic firearm; prohibited acts; penalty; applicability; “fully automatic firearm”, “licensed collector”, and “semiautomatic firearm” defined.

Sec. 224e.

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

(a) Manufacture, sell, distribute, or possess or attempt to manufacture, sell, distribute, or possess a device that is designed or intended to be used to convert a semiautomatic firearm into a fully automatic firearm.

(b) Demonstrate to another person or attempt to demonstrate to another person how to manufacture or install a device to convert a semiautomatic firearm into a fully automatic firearm.

(2) A person who violates subsection (1) is guilty of a felony punishable by imprisonment for not more than 4 years, or a fine of not more than $2,000.00, or both.

(3) This section does not apply to any of the following:

(a) A police agency of this state, or of a local unit of government of this state, or of the United States.

(b) An employee of an agency described in subdivision (a), if the manufacture, sale, distribution, or possession or attempted manufacture, sale, distribution, or possession or demonstration or attempted demonstration is in the course of his or her official duties as an employee of that agency.

(c) The armed forces.

(d) A member or employee of the armed forces, if the manufacture, sale, distribution, or possession or attempted manufacture, sale, distribution, or possession or demonstration or attempted demonstration is in the course of his or her official duties as a member or employee of the armed forces.

(e) A licensed collector who possesses a device that is designed or intended to be used to convert a semiautomatic firearm into a fully automatic firearm that was lawfully owned by that licensed collector before the effective date of the amendatory act that added this section. This subdivision does not permit a licensed collector who lawfully owned a device that is designed or intended to be used to convert a semiautomatic firearm into a fully automatic firearm before the effective date of the amendatory act that added this section to sell or distribute or attempt to sell or distribute that device to another person after the effective date of the amendatory act that added this section.

(4) As used in this section:

(a) “Fully automatic firearm” means a firearm employing gas pressure or force of recoil to mechanically eject an empty cartridge from the firearm after a shot, and to load the next cartridge from the magazine, without renewed pressure on the trigger for each successive shot.

(b) “Licensed collector” means a person who is licensed under chapter 44 of title 18 of the United States code to acquire, hold, or dispose of firearms as curios or relics.

(c) “Semiautomatic firearm” means a firearm employing gas pressure or force of recoil to mechanically eject an empty cartridge from the firearm after a shot, and to load the next cartridge from the magazine, but requiring renewed pressure on the trigger for each successive shot.


History: Add. 1990, Act 321, Eff. Mar. 28, 1991


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750.224f Possession of firearm or distribution of ammunition by person convicted of felony; circumstances; penalty; applicability of section to expunged or set aside conviction; definitions.

Sec. 224f.

(1) Except as provided in subsection (2), a person convicted of a felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in this state until the expiration of 3 years after all of the following circumstances exist:

(a) The person has paid all fines imposed for the violation.

(b) The person has served all terms of imprisonment imposed for the violation.

(c) The person has successfully completed all conditions of probation or parole imposed for the violation.

(2) A person convicted of a specified felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in this state until all of the following circumstances exist:

(a) The expiration of 5 years after all of the following circumstances exist:

(i) The person has paid all fines imposed for the violation.

(ii) The person has served all terms of imprisonment imposed for the violation.

(iii) The person has successfully completed all conditions of probation or parole imposed for the violation.

(b) The person's right to possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm has been restored under section 4 of 1927 PA 372, MCL 28.424.

(3) Except as provided in subsection (4), a person convicted of a felony shall not possess, use, transport, sell, carry, ship, or distribute ammunition in this state until the expiration of 3 years after all of the following circumstances exist:

(a) The person has paid all fines imposed for the violation.

(b) The person has served all terms of imprisonment imposed for the violation.

(c) The person has successfully completed all conditions of probation or parole imposed for the violation.

(4) A person convicted of a specified felony shall not possess, use, transport, sell, carry, ship, or distribute ammunition in this state until all of the following circumstances exist:

(a) The expiration of 5 years after all of the following circumstances exist:

(i) The person has paid all fines imposed for the violation.

(ii) The person has served all terms of imprisonment imposed for the violation.

(iii) The person has successfully completed all conditions of probation or parole imposed for the violation.

(b) The person's right to possess, use, transport, sell, purchase, carry, ship, receive, or distribute ammunition has been restored under section 4 of 1927 PA 372, MCL 28.424.

(5) A person who possesses, uses, transports, sells, purchases, carries, ships, receives, or distributes a firearm in violation of this section is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.

(6) A person who possesses, uses, transports, sells, carries, ships, or distributes ammunition in violation of this section is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.

(7) Any single criminal transaction where a person possesses, uses, transports, sells, carries, ships, or distributes ammunition in violation of this section, regardless of the amount of ammunition involved, constitutes 1 offense.

(8) This section does not apply to a conviction that has been expunged or set aside, or for which the person has been pardoned, unless the expunction, order, or pardon expressly provides that the person shall not possess a firearm or ammunition.

(9) As used in this section:

(a) "Ammunition" means any projectile that, in its current state, may be expelled from a firearm by an explosive.

(b) "Felony" means a violation of a law of this state, or of another state, or of the United States that is punishable by imprisonment for 4 years or more, or an attempt to violate such a law.

(10) As used in subsections (2) and (4), "specified felony" means a felony in which 1 or more of the following circumstances exist:

(a) An element of that felony is the use, attempted use, or threatened use of physical force against the person or property of another, or that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

(b) An element of that felony is the unlawful manufacture, possession, importation, exportation, distribution, or dispensing of a controlled substance.

(c) An element of that felony is the unlawful possession or distribution of a firearm.

(d) An element of that felony is the unlawful use of an explosive.

(e) The felony is burglary of an occupied dwelling, or breaking and entering an occupied dwelling, or arson.


History: Add. 1992, Act 217, Imd. Eff. Oct. 13, 1992 ;-- Am. 2014, Act 4, Eff. May 12, 2014


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750.225 Repealed. 1993, Act 254, Imd. Eff. Nov. 29, 1993.


Compiler's Notes: The repealed section pertained to printed matter selling or delivering firearms.


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750.226 Firearm or dangerous or deadly weapon or instrument; carrying with unlawful intent; violation as felony; penalty.

Sec. 226.

(1) A person shall not, with intent to use the same unlawfully against the person of another, go armed with a pistol or other firearm, or a pneumatic gun, dagger, dirk, razor, stiletto, or knife having a blade over 3 inches in length, or any other dangerous or deadly weapon or instrument.

(2) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.226 ;-- Am. 2015, Act 26, Eff. July 1, 2015
Former Law: See section 4 of Act 372 of 1927, being CL 1929, § 16752.


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750.226a Repealed. 2017, Act 96, Eff. Oct. 11, 2017.


Compiler's Notes: The repealed section pertained to unlawful possession of pocket knife opened by mechanical device.


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750.227 Concealed weapons; carrying; penalty.

Sec. 227.

(1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any vehicle operated or occupied by the person, except in his or her dwelling house, place of business or on other land possessed by the person.

(2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.

(3) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or by a fine of not more than $2,500.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.227 ;-- Am. 1973, Act 206, Eff. Mar. 29, 1974 ;-- Am. 1986, Act 8, Eff. July 1, 1986
Constitutionality: The double jeopardy protection against multiple punishment for the same offense is a restriction on a court's ability to impose punishment in excess of that intended by the Legislature, not a limit on the Legislature's power to define crime and fix punishment. People v Sturgis, 427 Mich 392; 397 NW2d 783 (1986).
Former Law: See section 5 of Act 372 of 1927, being CL 1929, § 16753.


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750.227a Pistols; unlawful possession by licensee.

Sec. 227a.

Any person licensed in accordance with law to carry a pistol because he is engaged in the business of protecting the person or property of another, except peace officers of the United States, the state or any subdivision of the state railroad policemen appointed and commissioned under the provisions of Act No. 114 of the Public Acts of 1941, being sections 470.51 to 470.61 of the Compiled Laws of 1948 or those in the military service of the United States, who shall have a pistol in his possession while not actually engaged in the business of protecting the person or property of another, except in his dwelling house or on other land possessed by him, is guilty of a felony. This section shall not be construed to prohibit such person from carrying an unloaded pistol to or from his place of employment by the most direct route.


History: Add. 1966, Act 100, Eff. Mar. 10, 1967 ;-- Am. 1967, Act 49, Eff. Nov. 2, 1967


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750.227b Carrying or possessing firearm when committing or attempting to commit felony; carrying or possessing pneumatic gun; exception; “law enforcement officer” defined.

Sec. 227b.

(1) A person who carries or has in his or her possession a firearm when he or she commits or attempts to commit a felony, except a violation of section 223, 227, 227a, or 230, is guilty of a felony and shall be punished by imprisonment for 2 years. Upon a second conviction under this subsection, the person shall be punished by imprisonment for 5 years. Upon a third or subsequent conviction under this subsection, the person shall be punished by imprisonment for 10 years.

(2) A person who carries or has in his or her possession a pneumatic gun and uses that pneumatic gun in furtherance of committing or attempting to commit a felony, except a violation of section 223, 227, 227a, or 230, is guilty of a felony and shall be punished by imprisonment for 2 years. Upon a second conviction under this subsection, the person shall be punished by imprisonment for 5 years. Upon a third or subsequent conviction under this subsection, the person shall be punished by imprisonment for 10 years.

(3) A term of imprisonment prescribed by this section is in addition to the sentence imposed for the conviction of the felony or the attempt to commit the felony and shall be served consecutively with and preceding any term of imprisonment imposed for the conviction of the felony or attempt to commit the felony.

(4) A term of imprisonment imposed under this section shall not be suspended. The person subject to the sentence mandated by this section is not eligible for parole or probation during the mandatory term imposed under subsection (1) or (2).

(5) This section does not apply to a law enforcement officer who is authorized to carry a firearm while in the official performance of his or her duties and who is in the performance of those duties. As used in this subsection, "law enforcement officer" means a person who is regularly employed as a member of a duly authorized police agency or other organization of the United States, this state, or a city, county, township, or village of this state and who is responsible for the prevention and detection of crime and the enforcement of the general criminal laws of this state.


History: Add. 1976, Act 6, Eff. Jan. 1, 1977 ;-- Am. 1990, Act 321, Eff. Mar. 28, 1991 ;-- Am. 2015, Act 26, Eff. July 1, 2015
Constitutionality: The double jeopardy protection against multiple punishment for the same offense is a restriction on a court's ability to impose punishment in excess of that intended by the Legislature, not a limit on the Legislature's power to define crime and fix punishment. People v Sturgis, 427 Mich 392; 397 NW2d 783 (1986).


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750.227c Transporting or possessing loaded firearm in or upon vehicle propelled by mechanical means; violation as misdemeanor; penalty.

Sec. 227c.

(1) Except as otherwise permitted by law, a person shall not transport or possess in or upon a sailboat or a motor vehicle, aircraft, motorboat, or any other vehicle propelled by mechanical means either of the following:

(a) A firearm, other than a pistol, that is loaded.

(b) A pneumatic gun that is loaded and expels a metallic BB or metallic pellet greater than .177 caliber.

(2) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,500.00, or both.


History: Add. 1981, Act 103, Eff. Mar. 31, 1982 ;-- Am. 2015, Act 26, Eff. July 1, 2015


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750.227d Transporting or possessing firearm in or upon motor vehicle or self-propelled vehicle designed for land travel; violation as misdemeanor; penalty.

Sec. 227d.

(1) Except as otherwise permitted by law, a person shall not transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel either of the following:

(a) A firearm, other than a pistol, unless the firearm is unloaded and is 1 or more of the following:

(i) Taken down.

(ii) Enclosed in a case.

(iii) Carried in the trunk of the vehicle.

(iv) Inaccessible from the interior of the vehicle.

(b) A pneumatic gun that expels a metallic BB or metallic pellet greater than .177 caliber unless the pneumatic gun is unloaded and is 1 or more of the following:

(i) Taken down.

(ii) Enclosed in a case.

(iii) Carried in the trunk of the vehicle.

(iv) Inaccessible from the interior of the vehicle.

(2) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.


History: Add. 1981, Act 103, Eff. Mar. 31, 1982 ;-- Am. 2015, Act 26, Eff. July 1, 2015


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750.227f Committing or attempting to commit crime involving violent act or threat of violent act against another person while wearing body armor as felony; penalty; consecutive term of imprisonment; exception; definitions.

Sec. 227f.

(1) Except as provided in subsection (2), an individual who commits or attempts to commit a crime that involves a violent act or a threat of a violent act against another person while wearing body armor is guilty of a felony, punishable by imprisonment for not more than 4 years, or a fine of not more than $2,000.00, or both. A term of imprisonment imposed for violating this section may be served consecutively to any term of imprisonment imposed for the crime committed or attempted.

(2) Subsection (1) does not apply to either of the following:

(a) A peace officer of this state or another state, or of a local unit of government of this state or another state, or of the United States, performing his or her duties as a peace officer while on or off a scheduled work shift as a peace officer.

(b) A security officer performing his or her duties as a security officer while on a scheduled work shift as a security officer.

(3) As used in this section:

(a) “Body armor” means clothing or a device designed or intended to protect an individual's body or a portion of an individual's body from injury caused by a firearm.

(b) “Security officer” means an individual lawfully employed to physically protect another individual or to physically protect the property of another person.


History: Add. 1990, Act 321, Eff. Mar. 28, 1991 ;-- Am. 1992, Act 218, Imd. Eff. Oct. 13, 1992 ;-- Am. 1996, Act 163, Imd. Eff. Apr. 11, 1996 ;-- Am. 2000, Act 226, Eff. Oct. 1, 2000


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750.227g Body armor; purchase, ownership, possession, or use by convicted felon; prohibition; issuance of written permission; violation as felony; definitions.

Sec. 227g.

(1) Except as otherwise provided in this section, a person who has been convicted of a violent felony shall not purchase, own, possess, or use body armor.

(2) A person who has been convicted of a violent felony whose employment, livelihood, or safety is dependent on his or her ability to purchase, own, possess, or use body armor may petition the chief of police of the local unit of government in which he or she resides or, if he or she does not reside in a local unit of government that has a police department, the county sheriff, for written permission to purchase, own, possess, or use body armor under this section.

(3) The chief of police of a local unit of government or the county sheriff may grant a person who properly petitions that chief of police or county sheriff under subsection (2) written permission to purchase, own, possess, or use body armor as provided in this section if the chief of police or county sheriff determines that both of the following circumstances exist:

(a) The petitioner is likely to use body armor in a safe and lawful manner.

(b) The petitioner has reasonable need for the protection provided by body armor.

(4) In making the determination required under subsection (3), the chief of police or county sheriff shall consider all of the following:

(a) The petitioner's continued employment.

(b) The interests of justice.

(c) Other circumstances justifying issuance of written permission to purchase, own, possess, or use body armor.

(5) The chief of police or county sheriff may restrict written permission issued to a petitioner under this section in any manner determined appropriate by that chief of police or county sheriff. If permission is restricted, the chief of police or county sheriff shall state the restrictions in the permission document.

(6) It is the intent of the legislature that chiefs of police and county sheriffs exercise broad discretion in determining whether to issue written permission to purchase, own, possess, or use body armor under this section. However, nothing in this section requires a chief of police or county sheriff to issue written permission to any particular petitioner. The issuance of written permission to purchase, own, possess, or use body armor under this section does not relieve any person or entity from criminal liability that might otherwise be imposed.

(7) A person who receives written permission from a chief of police or county sheriff to purchase, own, possess, or use body armor shall have that written permission in his or her possession when he or she is purchasing, owning, possessing, or using body armor.

(8) A law enforcement agency may issue body armor to a person who is in custody or who is a witness to a crime for his or her own protection without a petition being previously filed under subsection (2). If the law enforcement agency issues body armor to the person under this subsection, the law enforcement agency shall document the reasons for issuing body armor and retain a copy of that document as an official record. The law enforcement agency shall also issue written permission to the person to possess and use body armor under this section.

(9) A person who violates this section is guilty of a crime as follows:

(a) For a violation of subsection (1), the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

(b) For a violation of subsection (7), the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.

(10) As used in this section:

(a) “Body armor” means that term as defined in section 227f.

(b) “Violent felony” means that term as defined in section 36 of 1953 PA 232, MCL 791.236.


History: Add. 2000, Act 224, Eff. Oct. 1, 2000


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750.228 Ownership of pistol greater than 26 inches in length; conditions; election to have firearm not considered as pistol.

Sec. 228.

(1) A person may lawfully own, possess, carry, or transport as a pistol a firearm greater than 26 inches in length if all of the following conditions apply:

(a) The person registered the firearm as a pistol under section 2 or 2a of 1927 PA 372, MCL 28.422 and 28.422a, before January 1, 2013.

(b) The person who registered the firearm as described in subdivision (a) has maintained registration of the firearm since January 1, 2013 without lapse.

(c) The person possesses a copy of the license or record issued to him or her under section 2 or 2a of 1927 PA 372, MCL 28.422 and 28.422a.

(2) A person who satisfies all of the conditions listed under subsection (1) nevertheless may elect to have the firearm not be considered to be a pistol. A person who makes the election under this subsection shall notify the department of state police of the election in a manner prescribed by that department.


History: Add. 2012, Act 242, Eff. Jan. 1, 2013
Compiler's Notes: Former MCL 750.228, which pertained to penalties to have pistol inspected, was repealed by Act 196 of 2008, Eff. Jan. 7, 2009.


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750.229 Pistols accepted in pawn, by second-hand dealer or junk dealer.

Sec. 229.

Any pawnbroker who shall accept a pistol in pawn, or any second-hand or junk dealer, as defined in Act No. 350 of the Public Acts of 1917, who shall accept a pistol and offer or display the same for resale, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1945, Act 236, Eff. Sept. 6, 1945 ;-- CL 1948, 750.229
Compiler's Notes: For provisions of Act 350 of 1917, referred to in this section, see MCL 445.401 et seq.
Former Law: See section 10 of Act 372 of 1927, being CL 1929, § 16759.


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750.230 Firearms; altering, removing, or obliterating marks of identity; presumption.

Sec. 230.

A person who shall wilfully alter, remove, or obliterate the name of the maker, model, manufacturer's number, or other mark of identity of a pistol or other firearm, shall be guilty of a felony, punishable by imprisonment for not more than 2 years or fine of not more than $1,000.00. Possession of a firearm upon which the number shall have been altered, removed, or obliterated, other than an antique firearm as defined by section 231a(2)(a) or (b), shall be presumptive evidence that the possessor has altered, removed, or obliterated the same.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.230 ;-- Am. 1976, Act 32, Imd. Eff. Mar. 5, 1976
Constitutionality: The statutory presumption contained in this section is unconstitutional. People v Moore, 402 Mich 538; 266 NW2d 145 (1978).
Former Law: See section 11 of Act 372 of 1927, being CL 1929, § 16760.


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750.231 MCL 750.224, 750.224a, 750.224b, 750.224d, 750.227, 750.227c, and 750.227d inapplicable to certain persons and organizations.

Sec. 231.

(1) Except as provided in subsection (2), sections 224, 224a, 224b, 224d, 227, 227c, and 227d do not apply to any of the following:

(a) A peace officer of an authorized police agency of the United States, of this state, or of a political subdivision of this state, who is regularly employed and paid by the United States, this state, or a political subdivision of this state.

(b) A person who is regularly employed by the state department of corrections and who is authorized in writing by the director of the department of corrections to carry a concealed weapon while in the official performance of his or her duties or while going to or returning from those duties.

(c) A person employed by a private vendor that operates a youth correctional facility authorized under section 20g of the corrections code of 1953, 1953 PA 232, MCL 791.220g, who meets the same criteria established by the director of the state department of corrections for departmental employees described in subdivision (b) and who is authorized in writing by the director of the department of corrections to carry a concealed weapon while in the official performance of his or her duties or while going to or returning from those duties.

(d) A member of the United States Army, Air Force, Navy, or Marine Corps or the United States Coast Guard while carrying weapons in the line of or incidental to duty.

(e) An organization authorized by law to purchase or receive weapons from the United States or from this state.

(f) A member of the National Guard, United States Armed Forces Reserve, the United States Coast Guard Reserve, or any other authorized military organization while on duty or drill, or in going to or returning from a place of assembly or practice, while carrying weapons used for a purpose of the National Guard, United States Armed Forces Reserve, United States Coast Guard Reserve, or other duly authorized military organization.

(g) A security employee employed by the state and granted limited arrest powers under section 6c of 1935 PA 59, MCL 28.6c.

(h) A motor carrier officer appointed under section 6d of 1935 PA 59, MCL 28.6d.

(2) As applied to section 224a(1) only, subsection (1) is not applicable to an individual included under subsection (1)(a), (b), or (c) unless he or she has been trained on the use, effects, and risks of using a portable device or weapon described in section 224a(1).


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.231 ;-- Am. 1958, Act 107, Eff. Sept. 13, 1958 ;-- Am. 1964, Act 215, Eff. Aug. 28, 1964 ;-- Am. 1981, Act 103, Eff. Mar. 31, 1982 ;-- Am. 1998, Act 510, Imd. Eff. Jan. 8, 1999 ;-- Am. 2002, Act 536, Imd. Eff. July 26, 2002 ;-- Am. 2006, Act 401, Eff. Dec. 28, 2006 ;-- Am. 2017, Act 96, Eff. Oct. 11, 2017


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750.231a Exceptions to MCL 750.227(2); "antique firearm" defined.

Sec. 231a.

(1) Subsection (2) of section 227 does not apply to any of the following:

(a) To a person holding a valid license to carry a pistol concealed upon his or her person issued by his or her state of residence except where the pistol is carried in nonconformance with a restriction appearing on the license.

(b) To the regular and ordinary transportation of pistols as merchandise by an authorized agent of a person licensed to manufacture firearms.

(c) To a person carrying an antique firearm, completely unloaded in a closed case or container designed for the storage of firearms in the trunk of a vehicle.

(d) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in the trunk of the vehicle.

(e) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in a vehicle that does not have a trunk and is not readily accessible to the occupants of the vehicle.

(2) As used in this section, "antique firearm" means either of the following:

(i) A firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including a matchlock, flintlock, percussion cap, or similar type of ignition system or replica of such a firearm, whether actually manufactured before or after 1898.

(ii) A firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.


History: Add. 1964, Act 215, Eff. Aug. 28, 1964 ;-- Am. 1973, Act 191, Eff. Mar. 29, 1974 ;-- Am. 1974, Act 55, Imd. Eff. Apr. 1, 1974 ;-- Am. 1978, Act 280, Imd. Eff. July 6, 1978 ;-- Am. 2002, Act 82, Imd. Eff. Mar. 26, 2002 ;-- Am. 2008, Act 196, Eff. Jan. 7, 2009 ;-- Am. 2012, Act 427, Imd. Eff. Dec. 21, 2012


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750.231b Sale and safety inspection; persons exempt.

Sec. 231b.

Sections 223 and 228 do not apply to a duly authorized police or correctional agency of the United States or of the state or any subdivision thereof, nor to the army, air force, navy or marine corps of the United States, nor to organizations authorized by law to purchase or receive weapons from the United States or from this state, nor to the national guard, armed forces reserves or other duly authorized military organizations, nor to a member of such agencies or organizations for weapons used by him for the purposes of such agencies or organizations, nor to a person holding a license to carry a pistol concealed upon his person issued by another state, nor to the regular and ordinary transportation of pistols as merchandise by an authorized agent of a person licensed to manufacture firearms.


History: Add. 1964, Act 215, Eff. Aug. 28, 1964


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750.231c “Aircraft,” “approved signaling device,” and “vessel” defined; sections inapplicable to approved signaling device; sale, purchase, possession, or use of approved signaling device; violation as misdemeanor; penalties.

Sec. 231c.

(1) As used in this section:

(a) “Aircraft” means aircraft as defined in section 43.

(b) “Approved signaling device” means a pistol which is a signaling device approved by the United States coast guard pursuant to regulations issued under former section 4488 of the Revised Statutes of the United States, 46 U.S.C. Appx. 481, or under former section 5 of the federal boat safety act of 1971, Public Law 92-75, 46 U.S.C. 1454.

(c) “Vessel” means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

(2) Sections 223, 227, 228, 232, 232a, and 237 shall not apply to an approved signaling device.

(3) A person shall not sell an approved signaling device to a person, nor shall a person purchase an approved signaling device, unless the purchaser is 18 years of age or older and either of the following apply:

(a) The purchaser possesses and displays to the seller any of the following:

(i) A valid and current certificate of number issued pursuant to section 80124 of part 801 (marine safety) of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being section 324.80124 of the Michigan Compiled Laws, for a vessel.

(ii) If a vessel is considered in compliance with the numbering requirements of this state pursuant to section 80122 of part 801 of Act No. 451 of the Public Acts of 1994, being section 324.80122 of the Michigan Compiled Laws, proof of ownership or proof of the vessel's being numbered in another state.

(iii) If a vessel is not required to be numbered or to display a decal under part 801 of Act No. 451 of the Public Acts of 1994, being sections 324.80101 to 324.80199 of the Michigan Compiled Laws, proof of ownership of the vessel.

(b) The purchaser is the holder of and displays to the seller a valid and effective airman's certificate of competency issued by the United States or a foreign government.

(4) A person may possess an approved signaling device only under the following circumstances:

(a) The possession occurs in the process of manufacturing, marketing, or sale of the device, including the transportation of the device as merchandise, and the device is unloaded.

(b) The device is on a vessel or on an aircraft.

(c) The device is at a person's residence.

(d) The person is en route from the place of purchase to the person's residence or the person's vessel or aircraft or between the person's residence and the person's vessel or aircraft.

(e) The device is in a vehicle other than a vessel or aircraft and all of the following apply:

(i) The device is unloaded.

(ii) The device is enclosed in a case and either is carried in the trunk of the vehicle which has a trunk or is otherwise not readily accessible to the occupants of the vehicle.

(iii) Subdivision (d) applies.

(5) A person shall not use an approved signaling device unless he or she reasonably believes that its use is necessary for the safety of the person or of another person on the waters of this state or in an aircraft emergency situation.

(6) A person who sells, purchases, or possesses an approved signaling device in violation of this section is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $200.00, or both.

(7) A person who uses an approved signaling device in violation of this section is guilty of a misdemeanor, punishable by a fine of not more than $200.00.


History: Add. 1982, Act 185, Eff. July 1, 1982 ;-- Am. 1996, Act 80, Imd. Eff. Feb. 27, 1996


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750.232 Repealed. 2017, Act 95, Eff. Oct. 11, 2017.


Compiler's Notes: The repealed section pertained to registration of purchasers of firearms.


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750.232a Obtaining pistol in violation of MCL 28.422; intentionally making material false statement on application for license to purchase pistol; using or attempting to use false identification or identification of another person to purchase firearm; penalties.

Sec. 232a.

(1) Except as provided in subsection (2), a person who obtains a pistol in violation of section 2 of Act No. 372 of the Public Acts of 1927, as amended, being section 28.422 of the Michigan Compiled Laws, is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.

(2) Subsection (1) does not apply to a person who obtained a pistol in violation of section 2 of Act No. 372 of the Public Acts of 1927 before the effective date of the 1990 amendatory act that added this subsection, who has not been convicted of that violation, and who obtains a license as required under section 2 of Act No. 372 of the Public Acts of 1927 within 90 days after the effective date of the 1990 amendatory act that added this subsection.

(3) A person who intentionally makes a material false statement on an application for a license to purchase a pistol under section 2 of Act No. 372 of the Public Acts of 1927, as amended, is guilty of a felony, punishable by imprisonment for not more than 4 years, or a fine of not more than $2,000.00, or both.

(4) A person who uses or attempts to use false identification or the identification of another person to purchase a firearm is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.


History: Add. 1943, Act 54, Eff. July 30, 1943 ;-- CL 1948, 750.232a ;-- Am. 1990, Act 321, Eff. Mar. 28, 1991
Compiler's Notes: For provisions of section 2, referred to in this section, see MCL 28.422.


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750.233 Pointing or aiming firearm at another person; misdemeanor; penalty; exception; "peace officer defined."

Sec. 233.

(1) A person who intentionally but without malice points or aims a firearm at or toward another 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 both.

(2) This section does not apply to a peace officer of this state or another state, or of a local unit of government of this state or another state, or of the United States, performing his or her duties as a peace officer. As used in this section, "peace officer" means that term as defined in section 215.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.233 ;-- Am. 2005, Act 303, Imd. Eff. Dec. 21, 2005
Former Law: See section 1 of Act 68 of 1869, being CL 1871, § 7548; How., § 9110; CL 1897, § 11509; CL 1915, § 15232; and CL 1929, § 16776.


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750.234 Firearm; discharge; intentionally aimed without malice; misdemeanor; penalty; exception; "peace officer" defined.

Sec. 234.

(1) A person who discharges a firearm while it is intentionally but without malice aimed at or toward another person, without injuring another person, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $500.00, or both.

(2) This section does not apply to a peace officer of this state or another state, or of a local unit of government of this state or another state, or of the United States, performing his or her duties as a peace officer. As used in this section, "peace officer" means that term as defined in section 215.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.234 ;-- Am. 2005, Act 303, Imd. Eff. Dec. 21, 2005
Former Law: See section 2 of Act 68 of 1869, being CL 1871, § 7548; How., § 9111; CL 1897, § 11510; CL 1915, § 15233; and CL 1929, § 16777.


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750.234a Intentionally discharging firearm from motor vehicle, snowmobile, or off-road vehicle as crime; penalty; exceptions; other violation; consecutive terms; self-defense; "peace officer" defined.

Sec. 234a.

(1) An individual who intentionally discharges a firearm from a motor vehicle, a snowmobile, or an off-road vehicle is guilty of a crime as follows:

(a) If the violation endangers the safety of another individual, the individual is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both.

(b) If the violation causes any physical injury to another individual, the individual is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $15,000.00, or both.

(c) If the violation causes the serious impairment of a body function of another individual, the individual is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $25,000.00, or both.

(d) If the violation causes the death of another individual, the individual is guilty of a felony punishable by imprisonment for life or any term of years.

(2) Subsection (1) does not apply to any of the following:

(a) A peace officer of this state or another state, or of a local unit of government of this state or another state, or of the United States, performing his or her duties as a peace officer while on or off a scheduled work shift as a peace officer.

(b) An individual who discharges a firearm in self-defense or the defense of another individual.

(3) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.

(4) A term of imprisonment imposed for a violation of this section may run consecutively to any term of imprisonment imposed for another violation arising from the same transaction.

(5) As used in this section:

(a) "Peace officer" means that term as defined in section 215.

(b) "Serious impairment of a body function" means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.


History: Add. 1990, Act 321, Eff. Mar. 28, 1991 ;-- Am. 1992, Act 218, Imd. Eff. Oct. 13, 1992 ;-- Am. 1996, Act 163, Imd. Eff. Apr. 11, 1996 ;-- Am. 2005, Act 303, Imd. Eff. Dec. 21, 2005 ;-- Am. 2014, Act 191, Eff. Sept. 22, 2014


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750.234b Intentionally discharging firearm at dwelling or potentially occupied structure as felony; penalty; exceptions; other violation; consecutive terms; definitions.

Sec. 234b.

(1) Except as otherwise provided in this section, an individual who intentionally discharges a firearm at a facility that he or she knows or has reason to believe is a dwelling or a potentially occupied structure, whether or not the dwelling or structure is actually occupied at the time the firearm is discharged, is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both.

(2) An individual who intentionally discharges a firearm in a facility that he or she knows or has reason to believe is a dwelling or a potentially occupied structure, in reckless disregard for the safety of any individual and whether or not the dwelling or structure is actually occupied at the time the firearm is discharged, is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both.

(3) If an individual violates subsection (1) or (2) and causes any physical injury to another individual, the individual is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $15,000.00, or both.

(4) If an individual violates subsection (1) or (2) and causes the serious impairment of a body function of another individual, the individual is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $25,000.00, or both.

(5) If an individual violates subsection (1) or (2) and causes the death of another individual, the individual is guilty of a felony punishable by imprisonment for life or any term of years.

(6) Subsections (1) and (2) do not apply to a peace officer of this state or another state, or of a local unit of government of this state or another state, or of the United States, performing his or her duties as a peace officer.

(7) Subsections (1) and (2) do not apply to an individual who discharges a firearm in self-defense or the defense of another individual.

(8) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.

(9) A term of imprisonment imposed for a violation of this section may run consecutively to any term of imprisonment imposed for another violation arising from the same transaction.

(10) As used in this section:

(a) "Dwelling" means a facility habitually used by 1 or more individuals as a place of abode, whether or not an individual is present in the facility.

(b) "Peace officer" means that term as defined in section 215.

(c) "Potentially occupied structure" means a structure that a reasonable person knows or should know is likely to be occupied by 1 or more individuals due to its nature, function, or location.

(d) "Serious impairment of a body function" means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.


History: Add. 1990, Act 321, Eff. Mar. 28, 1991 ;-- Am. 1992, Act 218, Imd. Eff. Oct. 13, 1992 ;-- Am. 2005, Act 303, Imd. Eff. Dec. 21, 2005 ;-- Am. 2014, Act 191, Eff. Sept. 22, 2014


© 2017 Legislative Council, State of Michigan


750.234c Intentionally discharging firearm at emergency or law enforcement vehicle as felony; penalty; “emergency or law enforcement vehicle” defined.

Sec. 234c.

(1) An individual who intentionally discharges a firearm at a motor vehicle that he or she knows or has reason to believe is an emergency or law enforcement vehicle is guilty of a felony, punishable by imprisonment for not more than 4 years, or a fine of not more than $2,000.00, or both.

(2) As used in this section, “emergency or law enforcement vehicle” means 1 or more of the following:

(a) A motor vehicle owned or operated by a fire department of a local unit of government of this state.

(b) A motor vehicle owned or operated by a police agency of the United States, of this state, or of a local unit of government of this state.

(c) A motor vehicle owned or operated by the department of natural resources that is used for law enforcement purposes.

(d) A motor vehicle owned or operated by an entity licensed to provide emergency medical services under part 192 of article 17 of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.20901 to 333.20979 of the Michigan Compiled Laws, and that is used to provide emergency medical assistance to individuals.

(e) A motor vehicle owned or operated by a volunteer employee or paid employee of an entity described in subdivisions (a) to (c) while the motor vehicle is being used to perform emergency or law enforcement duties for that entity.


History: Add. 1990, Act 321, Eff. Mar. 28, 1991


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750.234d Possession of firearm on certain premises prohibited; applicability; violation as misdemeanor; penalty.

Sec. 234d.

(1) Except as provided in subsection (2), a person shall not possess a firearm on the premises of any of the following:

(a) A depository financial institution or a subsidiary or affiliate of a depository financial institution.

(b) A church or other house of religious worship.

(c) A court.

(d) A theatre.

(e) A sports arena.

(f) A day care center.

(g) A hospital.

(h) An establishment licensed under the Michigan liquor control act, Act No. 8 of the Public Acts of the Extra Session of 1933, being sections 436.1 to 436.58 of the Michigan Compiled Laws.

(2) This section does not apply to any of the following:

(a) A person who owns, or is employed by or contracted by, an entity described in subsection (1) if the possession of that firearm is to provide security services for that entity.

(b) A peace officer.

(c) A person licensed by this state or another state to carry a concealed weapon.

(d) A person who possesses a firearm on the premises of an entity described in subsection (1) if that possession is with the permission of the owner or an agent of the owner of that entity.

(3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.


History: Add. 1990, Act 321, Eff. Mar. 28, 1991 ;-- Am. 1992, Act 218, Imd. Eff. Oct. 13, 1992 ;-- Am. 1994, Act 158, Eff. Aug. 15, 1994


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750.234e Brandishing firearm in public; applicability; violation as misdemeanor; penalty.

Sec. 234e.

(1) Except as provided in subsection (2), a person shall not willfully and knowingly brandish a firearm in public.

(2) Subsection (1) does not apply to either of the following:

(a) A peace officer lawfully performing his or her duties as a peace officer.

(b) A person lawfully acting in self-defense or defense of another under the self-defense act, 2006 PA 309, MCL 780.971 to 780.974.

(3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both.


History: Add. 1990, Act 321, Eff. Mar. 28, 1991 ;-- Am. 2015, Act 27, Eff. Aug. 10, 2015


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750.234f Possession of firearm by person less than 18 years of age; exceptions; violation as misdemeanor; penalty.

Sec. 234f.

(1) Except as provided in subsection (2), an individual less than 18 years of age shall not possess a firearm in public except under the direct supervision of an individual 18 years of age or older.

(2) Subsection (1) does not apply to an individual less than 18 years of age who possesses a firearm in accordance with part 401 (wildlife conservation) of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being sections 324.40101 to 324.40119 of the Michigan Compiled Laws, or part 435 (hunting and fishing licensing) of Act No. 451 of the Public Acts of 1994, being sections 324.43501 to 324.43561 of the Michigan Compiled Laws. However, an individual less than 18 years of age may possess a firearm without a hunting license while at, or going to or from, a recognized target range or trap or skeet shooting ground if, while going to or from the range or ground, the firearm is enclosed and securely fastened in a case or locked in the trunk of a motor vehicle.

(3) An individual who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both.


History: Add. 1990, Act 321, Eff. Mar. 28, 1991 ;-- Am. 1992, Act 218, Imd. Eff. Oct. 13, 1992 ;-- Am. 1996, Act 80, Imd. Eff. Feb. 27, 1996


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750.235 Maiming or injuring person by discharging firearm; intentionally aimed without malice; exception; "peace officer" defined.

Sec. 235.

(1) A person who maims or injures another person by discharging a firearm pointed or aimed intentionally but without malice at another person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $500.00, or both.

(2) This section does not apply to a peace officer of this state or another state, or of a local unit of government of this state or another state, or of the United States, performing his or her duties as a peace officer. As used in this section, "peace officer" means that term as defined in section 215.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.235 ;-- Am. 2005, Act 303, Imd. Eff. Dec. 21, 2005
Former Law: See section 3 of Act 68 of 1869, being CL 1871, § 7549; How., § 9112; CL 1897, § 11511; CL 1915, § 15234; and CL 1929, § 16778.


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750.235a Parent of minor guilty of misdemeanor; conditions; penalty; defense; definitions.

Sec. 235a.

(1) The parent of a minor is guilty of a misdemeanor if all of the following apply:

(a) The parent has custody of the minor.

(b) The minor violates this chapter in a weapon free school zone.

(c) The parent knows that the minor would violate this chapter or the parent acts to further the violation.

(2) An individual convicted under subsection (1) may be punished by 1 or more of the following:

(a) A fine of not more than $2,000.00.

(b) Community service for not more than 100 hours.

(c) Probation.

(3) It is a complete defense to a prosecution under this section if the defendant promptly notifies the local law enforcement agency or the school administration that the minor is violating or will violate this chapter in a weapon free school zone.

(4) As used in this section:

(a) “Minor” means an individual less than 18 years of age.

(b) “School” means a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from 1 through 12.

(c) “School property” means a building, playing field, or property used for school purposes to impart instruction to children or used for functions and events sponsored by a school, except a building used primarily for adult education or college extension courses.

(d) “Weapon free school zone” means school property and a vehicle used by a school to transport students to or from school property.


History: Add. 1994, Act 158, Eff. Aug. 15, 1994
Compiler's Notes: Former MCL 750.235a, which made the reckless use of firearms a misdemeanor, was repealed by Act 45 of 1952, Eff. Sept. 18, 1952.


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750.236 Spring gun, trap or device; setting.

Sec. 236.

Setting spring guns, etc.—Any person who shall set any spring or other gun, or any trap or device operating by the firing or explosion of gunpowder or any other explosive, and shall leave or permit the same to be left, except in the immediate presence of some competent person, shall be guilty of a misdemeanor, punishable by imprisonment in the county jail not more than 1 year, or by a fine of not more than 500 dollars, and the killing of any person by the firing of a gun or device so set shall be manslaughter.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.236
Former Law: See section 1 of Act 97 of 1875; being How., § 9114; CL 1897, § 11515; CL 1915, § 15250; and CL 1929, § 16782.


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750.236a Computer-assisted shooting; prohibited acts; definitions.

Sec. 236a.

(1) A person in this state shall not do any of the following:

(a) Engage in computer-assisted shooting.

(b) Provide or operate, with or without remuneration, facilities for computer-assisted shooting.

(c) Provide or offer to provide, with or without remuneration, equipment specially adapted for computer-assisted shooting. This subdivision does not prohibit providing or offering to provide any of the following:

(i) General-purpose equipment, including a computer, a camera, fencing, building materials, or a firearm.

(ii) General-purpose computer software, including an operating system and communications programs.

(iii) General telecommunications hardware or networking services for computers, including adapters, modems, servers, routers, and other facilities associated with internet access.

(d) Provide or offer to provide, with or without remuneration, an animal for computer-assisted shooting.

(2) As used in this section:

(a) "Computer-assisted shooting" means the use of a computer or any other device, equipment, or software to remotely control the aiming and discharge of a firearm to kill an animal, whether or not the animal is located in this state.

(b) "Facilities for computer-assisted remote shooting" includes real property and improvements on the property associated with computer-assisted shooting, such as hunting blinds, offices, and rooms equipped to facilitate computer-assisted shooting.


History: Add. 2005, Act 110, Imd. Eff. Sept. 22, 2005


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750.236b Computer-assisted shooting; prohibited conduct; definitions.

Sec. 236b.

(1) A person in this state shall not do any of the following:

(a) Engage in computer-assisted shooting.

(b) Provide or operate, with or without remuneration, facilities for computer-assisted shooting.

(c) Provide or offer to provide, with or without remuneration, equipment specially adapted for computer-assisted shooting. This subdivision does not prohibit providing or offering to provide any of the following:

(i) General-purpose equipment, including a computer, a camera, fencing, building materials, or a bow or crossbow.

(ii) General-purpose computer software, including an operating system and communications programs.

(iii) General telecommunications hardware or networking services for computers, including adapters, modems, servers, routers, and other facilities associated with internet access.

(d) Provide or offer to provide, with or without remuneration, an animal for computer-assisted shooting.

(2) As used in this section:

(a) "Computer-assisted shooting" means the use of a computer or any other device, equipment, or software to remotely control the aiming and discharge of a bow or crossbow to kill an animal, whether or not the animal is located in this state.

(b) "Facilities for computer-assisted remote shooting" includes real property and improvements on the property associated with computer-assisted shooting, such as hunting blinds, offices, and rooms equipped to facilitate computer-assisted shooting.


History: Add. 2005, Act 111, Imd. Eff. Sept. 22, 2005


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750.236c Violation of MCL 750.236a or 750.236b; penalty; forfeiture.

Sec. 236c.

(1) A person who violates section 236a or 236b 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 who has been convicted of violating section 236a or 236b and subsequently violates either of those sections 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. In addition, the instrumentalities of the crime are subject to forfeiture in the same manner as provided in part 47 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709.


History: Add. 2005, Act 112, Eff. Oct. 15, 2005


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750.237 Liquor or controlled substance; possession or use of firearm by person under influence; violation; penalty; chemical analysis.

Sec. 237.

(1) An individual shall not carry, have in possession or under control, or use in any manner or discharge a firearm under any of the following circumstances:

(a) The individual is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.

(b) The individual has an alcohol content of 0.08 or more grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(c) Because of the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance, the individual's ability to use a firearm is visibly impaired.

(2) Except as provided in subsections (3) and (4), an individual who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00 for carrying or possessing a firearm, or both, and not more than $500.00 for using or discharging a firearm, or both.

(3) An individual who violates subsection (1) and causes a serious impairment of a body function of another individual by the discharge or use in any manner of the firearm is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both. As used in this subsection, “serious impairment of a body function” includes, but is not limited to, 1 or more of the following:

(a) Loss of a limb or use of a limb.

(b) Loss of a hand, foot, finger, or thumb or use of a hand, foot, finger, or thumb.

(c) Loss of an eye or ear or of use of an eye or ear.

(d) Loss or substantial impairment of a bodily function.

(e) Serious visible disfigurement.

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

(g) Measurable brain damage or mental impairment.

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

(i) Subdural hemorrhage or subdural hematoma.

(j) Loss of an organ.

(4) An individual who violates subsection (1) and causes the death of another individual by the discharge or use in any manner of a firearm is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $2,500.00 or more than $10,000.00, or both.

(5) A peace officer who has probable cause to believe an individual violated subsection (1) may require the individual to submit to a chemical analysis of his or her breath, blood, or urine. However, an individual who is afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician is not required to submit to a chemical analysis of his or her blood.

(6) Before an individual is required to submit to a chemical analysis under subsection (5), the peace officer shall inform the individual of all of the following:

(a) The individual may refuse to submit to the chemical analysis, but if he or she refuses, the officer may obtain a court order requiring the individual to submit to a chemical analysis.

(b) If the individual submits to the chemical analysis, he or she may obtain a chemical analysis from a person of his or her own choosing.

(7) The failure of a peace officer to comply with the requirements of subsection (6) does not render the results of a chemical analysis inadmissible as evidence in a criminal prosecution for violating this section, in a civil action arising out of a violation of this section, or in any administrative proceeding arising out of a violation of this section.

(8) The collection and testing of breath, blood, or urine specimens under this section shall be conducted in the same manner that breath, blood, or urine specimens are collected and tested for alcohol-- and controlled-substance-related driving violations under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

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


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.237 ;-- Am. 2001, Act 135, Eff. Feb. 1, 2002
Former Law: See sections 1 and 2 of Act 25 of 1929, being CL 1929, §§ 16780 and 16781.


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750.237a Individual engaging in proscribed conduct in weapon free school zone; violation; penalties; definitions.

Sec. 237a.

(1) An individual who engages in conduct proscribed under section 224, 224a, 224b, 224c, 224e, 226, 227, 227a, 227f, 234a, 234b, or 234c, or who engages in conduct proscribed under section 223(2) for a second or subsequent time, in a weapon free school zone is guilty of a felony punishable by 1 or more of the following:

(a) Imprisonment for not more than the maximum term of imprisonment authorized for the section violated.

(b) Community service for not more than 150 hours.

(c) A fine of not more than 3 times the maximum fine authorized for the section violated.

(2) An individual who engages in conduct proscribed under section 223(1), 224d, 227c, 227d, 231c, 232a(1) or (4), 233, 234, 234e, 234f, 235, 236, or 237, or who engages in conduct proscribed under section 223(2) for the first time, in a weapon free school zone is guilty of a misdemeanor punishable by 1 or more of the following:

(a) Imprisonment for not more than the maximum term of imprisonment authorized for the section violated or 93 days, whichever is greater.

(b) Community service for not more than 100 hours.

(c) A fine of not more than $2,000.00 or the maximum fine authorized for the section violated, whichever is greater.

(3) Subsections (1) and (2) do not apply to conduct proscribed under a section enumerated in those subsections to the extent that the proscribed conduct is otherwise exempted or authorized under this chapter.

(4) Except as provided in subsection (5), an individual who possesses a weapon in a weapon free school zone is guilty of a misdemeanor punishable by 1 or more of the following:

(a) Imprisonment for not more than 93 days.

(b) Community service for not more than 100 hours.

(c) A fine of not more than $2,000.00.

(5) Subsection (4) does not apply to any of the following:

(a) An individual employed by or contracted by a school if the possession of that weapon is to provide security services for the school.

(b) A peace officer.

(c) An individual licensed by this state or another state to carry a concealed weapon.

(d) An individual who possesses a weapon provided by a school or a school's instructor on school property for purposes of providing or receiving instruction in the use of that weapon.

(e) An individual who possesses a firearm on school property if that possession is with the permission of the school's principal or an agent of the school designated by the school's principal or the school board.

(f) An individual who is 18 years of age or older who is not a student at the school and who possesses a firearm on school property while transporting a student to or from the school if any of the following apply:

(i) The individual is carrying an antique firearm, completely unloaded, in a wrapper or container in the trunk of a vehicle while en route to or from a hunting or target shooting area or function involving the exhibition, demonstration or sale of antique firearms.

(ii) The individual is carrying a firearm unloaded in a wrapper or container in the trunk of the person's vehicle, while in possession of a valid Michigan hunting license or proof of valid membership in an organization having shooting range facilities, and while en route to or from a hunting or target shooting area.

(iii) The individual is carrying a firearm unloaded in a wrapper or container in the trunk of the individual's vehicle from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business, or in moving goods from one place of abode or business to another place of abode or business.

(iv) The individual is carrying an unloaded firearm in the passenger compartment of a vehicle that does not have a trunk, if the individual is otherwise complying with the requirements of subparagraph (ii) or (iii) and the wrapper or container is not readily accessible to the occupants of the vehicle.

(6) As used in this section:

(a) "Antique firearm" means either of the following:

(i) A firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including a matchlock, flintlock, percussion cap, or similar type of ignition system or a replica of such a firearm, whether actually manufactured before or after the year 1898.

(ii) A firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

(b) "School" means a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from 1 through 12.

(c) "School property" means a building, playing field, or property used for school purposes to impart instruction to children or used for functions and events sponsored by a school, except a building used primarily for adult education or college extension courses.

(d) "Weapon" includes, but is not limited to, a pneumatic gun.

(e) "Weapon free school zone" means school property and a vehicle used by a school to transport students to or from school property.


History: Add. 1994, Act 158, Eff. Aug. 15, 1994 ;-- Am. 2015, Act 26, Eff. July 1, 2015 ;-- Am. 2017, Act 96, Eff. Oct. 11, 2017


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750.238 Search warrant.

Sec. 238.

Search warrant—When complaint shall be made on oath to any magistrate authorized to issue warrants in criminal cases that any pistol or other weapon or device mentioned in this chapter is unlawfully possessed or carried by any person, such magistrate shall, if he be satisfied that there is reasonable cause to believe the matters in said complaint be true, issue his warrant directed to any peace officer, commanding him to search the person or place described in such complaint, and if such pistol, weapon or device be there found, to seize and hold the same as evidence of a violation of this chapter.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.238


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750.239 Forfeiture of weapons; disposal; immunity from civil liability.

Sec. 239.

(1) Except as provided in subsection (2) and subject to section 239a, all pistols, weapons, or devices carried, possessed, or used contrary to this chapter are forfeited to the state and shall be turned over to the department of state police for disposition as determined appropriate by the director of the department of state police or his or her designated representative.

(2) The director of the department of state police shall dispose of firearms under this section by 1 of the following methods:

(a) By conducting a public auction in which firearms received under this section may be purchased at a sale conducted in compliance with section 4708 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4708, by individuals authorized by law to possess those firearms.

(b) By destroying them.

(c) By any other lawful manner prescribed by the director of the department of state police.

(3) Before disposing of a firearm under this section, the director of the department of state police shall do both of the following:

(a) Determine through the law enforcement information network whether the firearm has been reported lost or stolen. If the firearm has been reported lost or stolen and the name and address of the owner can be determined, the director of the department of state police shall provide 30 days' written notice of his or her intent to dispose of the firearm under this section to the owner, and allow the owner to claim the firearm within that 30-day period if he or she is authorized to possess the firearm.

(b) Provide 30 days' notice to the public on the department of state police website of his or her intent to dispose of the firearm under this section. The notice shall include a description of the firearm and shall state the firearm's serial number, if the serial number can be determined. The department of state police shall allow the owner of the firearm to claim the firearm within that 30-day period if he or she is authorized to possess the firearm. The 30-day period required under this subdivision is in addition to the 30-day period required under subdivision (a).

(4) The department of state police is immune from civil liability for disposing of a firearm in compliance with this section.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.239 ;-- Am. 1949, Act 168, Eff. Sept. 23, 1949 ;-- Am. 1964, Act 215, Eff. Aug. 28, 1964 ;-- Am. 2010, Act 294, Imd. Eff. Dec. 16, 2010


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750.239a Disposition of seized weapon; immunity from civil liability; "law enforcement agency" defined.

Sec. 239a.

(1) A law enforcement agency that seizes or otherwise comes into possession of a firearm or a part of a firearm subject to disposal under section 239 may, instead of forwarding the firearm or part of a firearm to the director of the department of state police or his or her designated representative for disposal under that section, retain that firearm or part of a firearm for the following purposes:

(a) For legal sale or trade to a federally licensed firearm dealer. The proceeds from any sale or trade under this subdivision shall be used by the law enforcement agency only for law enforcement purposes. The law enforcement agency shall not sell or trade a firearm or part of a firearm under this subdivision to any individual who is a member of that law enforcement agency unless the individual is a federally licensed firearms dealer and the sale is made pursuant to a public auction.

(b) For official use by members of the seizing law enforcement agency who are employed as peace officers. A firearm or part of a firearm shall not be sold under this subdivision.

(2) A law enforcement agency that sells or trades any pistol to a licensed dealer under subsection (1)(a) or retains any pistol under subsection (1)(b) shall complete a record of the transaction under section 2 or section 2a, as applicable.

(3) A law enforcement agency that sells or trades a firearm or part of a firearm under this section shall retain a receipt of the sale or trade for a period of not less than 7 years. The law enforcement agency shall make all receipts retained under this subsection available for inspection by the department of state police upon demand and for auditing purposes by the state and the local unit of government of which the agency is a part.

(4) Before disposing of a firearm under this section, the law enforcement agency shall do both of the following:

(a) Determine through the law enforcement information network whether the firearm has been reported lost or stolen. If the firearm has been reported lost or stolen and the name and address of the owner can be determined, the law enforcement agency shall provide 30 days' written notice of its intent to dispose of the firearm under this section to the owner, and allow the owner to claim the firearm within that 30-day period if he or she is authorized to possess the firearm. If the police agency determines that a serial number has been altered or has been removed or obliterated from the firearm, the police agency shall submit the firearm to the department of state police or a forensic laboratory for serial number verification or restoration to determine legal ownership.

(b) Provide 30 days' notice to the public on a website maintained by the law enforcement agency of its intent to dispose of the firearm under this section. The notice shall include a description of the firearm and shall state the firearm's serial number, if the serial number can be determined. The law enforcement agency shall allow the owner of the firearm to claim the firearm within that 30-day period if he or she is authorized to possess the firearm. The 30-day period required under this subdivision is in addition to the 30-day period required under subdivision (a).

(5) The law enforcement agency is immune from civil liability for disposing of a firearm in compliance with this section.

(6) As used in this section, "law enforcement agency" means any agency that employs peace officers.


History: Add. 1996, Act 496, Eff. Mar. 31, 1997 ;-- Am. 2010, Act 294, Imd. Eff. Dec. 16, 2010


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Chapter XXXVIII
FIRES


750.240 False alarm of fire.

Sec. 240.

Any person who knowingly and willfully commits 1 or more of the following actions is guilty of a misdemeanor punishable by imprisonment for not more than 1 year and a fine of not more than $1,000.00:

(a) Raise a false alarm of fire at any gathering or in any public place.

(b) Ring any bell or operate any mechanical apparatus, electrical apparatus or combination thereof, for the purpose of creating a false alarm of fire.

(c) Raise a false alarm of fire orally, by telephone or in person.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.240 ;-- Am. 1954, Act 15, Eff. Aug. 13, 1954 ;-- Am. 1965, Act 77, Eff. Mar. 31, 1966 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See sections 1 and 2 of Act 16 of 1917, being CL 1929, §§ 16606 and 16607; and Act 62 of 1927.


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750.241 Firefighter; obstructing and disobeying; interfering with public service facility during riot or civil disturbance.

Sec. 241.

(1) Any person who, while in the vicinity of any fire, willfully disobeys any reasonable order or rule of the officer commanding any fire department at the fire, when the order or rule is given by the commanding officer or a firefighter there present, is guilty of a misdemeanor.

(2) During a riot or other civil disturbance, any person who knowingly and willfully hinders, obstructs, endangers, or interferes with any person who is engaged in the operation, installation, repair, or maintenance of any essential public service facility, including a facility for the transmission of electricity, gas, telephone messages, or water, is guilty of a felony.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.241 ;-- Am. 1968, Act 328, Eff. July 3, 1968 ;-- Am. 2002, Act 270, Eff. July 15, 2002
Former Law: See section 1 of Act 239 of 1921, being CL 1929, § 16644.


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750.242 Traction engines using wood fuel; spark arresters.

Sec. 242.

Spark arresters on traction engines using wood fuel—Any person who shall own or operate upon the premises of any inhabitant of this state, or upon the highway, any traction or other portable steam engine, unless said engine shall be equipped with an efficient spark arrester at all times when in use and using wood as a fuel, and with proper fire extinguishers, either liquid or dry, shall be guilty of a misdemeanor. All traction or other portable engines using wood for fuel shall be equipped with bonnet spark arresters having an oval top of number 10 mesh, 22 gauge wire and sides composed of number 6 mesh, 16 gauge wire.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.242
Former Law: See sections 1 and 2 of Act 339 of 1913, being CL 1915, §§ 7368 and 7369; and CL 1929, §§ 8924 and 8925.


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Chapter XXXIX
FIREWORKS


750.243 Repealed. 1968, Act 358, Eff. Jan. 1, 1969.


Compiler's Notes: The repealed section pertained to unlawful sale, possession, and transportation of fireworks.


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750.243a-750.243e Repealed. 2011, Act 256, Eff. Jan. 1, 2012.


Compiler's Notes: The repealed sections pertained to prohibited firework sales, permits for use or sale of fireworks, transportation and storage of fireworks, and penalties for violations.


© 2017 Legislative Council, State of Michigan
Chapter XL
FLAG AND COAT-OF-ARMS


750.244 Flag and coat-of-arms; definitions.

Sec. 244.

Definitions—The words “flag”, “standard”, “color”, “ensign”, “coat-of-arms” or “shield”, as used in this chapter, shall include any flag, standard, color, ensign, coat-of-arms or shield, or copy, picture or representation thereof, made of any substance or represented or produced thereon, and of any size, evidently purporting to be such flag, standard, color, ensign, coat-of-arms or shield of the United States or of this state, or a copy, picture or representation thereof.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.244
Former Law: See section 1 of Act 222 of 1923, being CL 1929, § 17087.


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750.245 Exhibition and display.

Sec. 245.

Exhibition and display of flag, etc.—Any person shall be guilty of a misdemeanor who shall, in any manner, for exhibition or display:

(a) Place or cause to be placed any word, figure, mark, picture, design, drawing or advertisement of any nature upon any flag, standard, color, ensign, coat-of-arms or shield of the United States or of this state, or authorized by any law of the United States or of this state; or

(b) Expose to public view any such flag, standard, color, ensign, coat-of-arms or shield upon which shall have been printed, painted or otherwise produced, or to which shall have been attached, appended, affixed or annexed any such word, figure, mark, picture, design, drawing or advertisement; or

(c) Expose to public view for sale, manufacture, or otherwise, or to sell, give or have in possession for sale, for gift or for use for any purpose, any substance, being an article of merchandise, or receptacle, or thing for holding or carrying merchandise, upon or to which shall have been produced or attached any such flag, standard, color, ensign, coat-of-arms or shield, in order to advertise, call attention to, decorate, mark or distinguish such article or substance.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.245
Former Law: See sections 2 and 5 of Act 222 of 1923, being CL 1929, §§ 17088 and 17091.


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750.246 Mutilation.

Sec. 246.

Mutilation of flag, etc.—Any person who shall publicly mutilate, deface, defile, defy, trample upon or by word or act cast contempt upon any such flag, standard, color, ensign, coat-of-arms or shield, is guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.246
Former Law: See sections 3 and 5 of Act 222 of 1923, being CL 1929, §§ 17089 and 17091.


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750.247 Exceptions to chapter.

Sec. 247.

Exceptions—This chapter shall not apply to any act permitted by the statutes of the United States or of this state, or by the United States army and navy regulations, nor shall it apply to any printed or written document or production, stationery, ornament, picture or jewelry whereon shall be depicted said flag, standard, color, ensign, coat-of-arms or shield with no design or words thereon and disconnected with any advertisement.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.247
Former Law: See section 4 of Act 222 of 1923, being CL 1929, § 17090.


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Chapter XLI
FORGERY AND COUNTERFEITING


750.248 Making, altering, forging, or counterfeiting public record; intent; felony; penalty; exception; venue.

Sec. 248.

(1) A person who falsely makes, alters, forges, or counterfeits a public record, or a certificate, return, or attestation of a clerk of a court, register of deeds, notary public, township clerk, or any other public officer, in relation to a matter in which the certificate, return, or attestation may be received as legal proof, or a charter, will, testament, bond, writing obligatory, letter of attorney, policy of insurance, bill of lading, bill of exchange, promissory note, or an order, acquittance of discharge for money or other property, or a waiver, release, claim or demand, or an acceptance of a bill of exchange, or indorsement, or assignment of a bill of exchange or promissory note for the payment of money, or an accountable receipt for money, goods, or other property with intent to injure or defraud another person is guilty of a felony punishable by imprisonment for not more than 14 years.

(2) This section does not apply to a scrivener's error.

(3) The venue in a prosecution under this section may be in the county in which the forgery was performed; in a county in which a false, forged, altered, or counterfeit record, instrument, or other writing is uttered and published with intent to injure or defraud; or in the county in which the rightful property owner resides.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.248 ;-- Am. 1964, Act 101, Eff. Aug. 28, 1964 ;-- Am. 1967, Act 64, Eff. Nov. 2, 1967 ;-- Am. 1991, Act 145, Imd. Eff. Nov. 25, 1991 ;-- Am. 2008, Act 378, Imd. Eff. Dec. 23, 2008 ;-- Am. 2011, Act 206, Eff. Jan. 1, 2012
Former Law: See section 1 of Ch. 155 of R.S. 1846, being CL 1857, § 5802; CL 1871, § 7631; How., § 9213; CL 1897, § 11659; CL 1915, § 15432; and CL 1929, § 17048.


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750.248a Uttering and publishing false, forged, altered, or counterfeit financial transaction device.

Sec. 248a.

A person who utters and publishes as true any false, forged, altered, or counterfeit financial transaction device, as defined in section 157m, with the intent to injure or defraud any person is guilty of a felony.


History: Add. 1987, Act 276, Eff. Mar. 30, 1988


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750.248b Making, altering, forging, or counterfeiting document affecting interest in real property; intent; felony; penalty; exception; venue; court order.

Sec. 248b.

(1) A person who falsely makes, alters, forges, or counterfeits a deed, a discharge of mortgage, or a power or letter of attorney or other document that affects an interest in real property with intent to injure or defraud another person is guilty of a felony punishable by imprisonment for not more than 14 years.

(2) This section does not apply to a scrivener's error.

(3) The venue in a prosecution under this section may be in the county in which the forgery was performed; in a county in which the false, altered, forged, or counterfeit document is uttered and published with intent to injure or defraud; or in the county in which the rightful property owner resides.

(4) In proceedings that result in a conviction under this section or for any lesser included offense, the circuit court shall enter an order stating that the false, altered, forged, or counterfeit document is invalid and require that a certified copy of the court order with the invalid document, if not previously recorded, be attached and recorded in the office of the register of deeds of the county where the subject property or part of the property is located, as provided in section 2935 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2935. If the invalid document has previously been recorded, the prosecutor shall provide the circuit court with the liber and page number or unique identifying reference number of the invalid document, which shall be included in the order. The register of deeds shall make reference to the liber and page number or unique identifying reference number of the invalid document in the index of the recorded documents. Any recording fees incurred under this subsection shall be paid as ordered by the court.


History: Add. 2011, Act 206, Eff. Jan. 1, 2012


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750.249 Forgery of records and other instruments; uttering and publishing; exception.

Sec. 249.

(1) A person who utters and publishes as true a false, forged, altered, or counterfeit record, instrument, or other writing listed in section 248 knowing it to be false, altered, forged, or counterfeit with intent to injure or defraud is guilty of a felony punishable by imprisonment for not more than 14 years.

(2) This section does not apply to a scrivener's error.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.249 ;-- Am. 2008, Act 378, Imd. Eff. Dec. 23, 2008 ;-- Am. 2011, Act 206, Eff. Jan. 1, 2012
Former Law: See section 2 of Ch. 155 of R.S. 1846, being CL 1857, § 5803; CL 1871, § 7632; How., § 9214; CL 1897, § 11660; CL 1915, § 15433; and CL 1929, § 17049.


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750.249a Use or employment of tool or instrument to make counterfeit financial transaction device.

Sec. 249a.

A person who casts, stamps, engraves, makes, or mends, or knowingly has in his or her possession a mold, pattern, die, puncheon, engine, press, or other tool or instrument adapted and designed for making a false, forged, altered, or counterfeit financial transaction device, as defined in section 157m, with the intent to use or employ or cause or permit the same to be used or employed in making a counterfeit financial transaction device is guilty of a felony.


History: Add. 1987, Act 276, Eff. Mar. 30, 1988


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750.249b Uttering or publishing as true document listed in MCL 750.248b; intent; felony; penalty; exception; court order.

Sec. 249b.

(1) A person who utters and publishes as true a false, forged, altered, or counterfeit deed or other document listed in section 248b knowing it to be false, forged, altered, or counterfeit with intent to injure or defraud is guilty of a felony punishable by imprisonment for not more than 14 years.

(2) This section does not apply to a scrivener's error.

(3) In proceedings that result in a conviction under this section or for any lesser included offense, the circuit court shall enter an order stating that the false, forged, altered, or counterfeit document is invalid and requiring that a copy of the invalid document and a certified copy of the order be recorded in the office of the register of deeds of the county where the subject property or part of the property is located, as provided in section 2935 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2935. If the invalid document has previously been recorded, the prosecutor shall provide the circuit court with the liber and page number or unique identifying reference number of the invalid document, which shall be included in the order. The register of deeds shall make reference to the liber and page number or unique identifying reference number of the invalid document in the index of the recorded documents. Any recording fees incurred under this subsection shall be paid as ordered by the court.


History: Add. 2011, Act 206, Eff. Jan. 1, 2012


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750.250 Forgery of notes issued for debt of state or political subdivisions.

Sec. 250.

Forgery of notes, etc., issued for debt of state—Any person who shall falsely make, alter, forge or counterfeit any note, certificate, bond, warrant or other instrument, issued by the treasurer or other officer authorized to issue the same, of this state, or any of its political subdivisions or municipalities, with intent to injure or defraud as aforesaid, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 7 years.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1934, 1st Ex. Sess., Act 16, Imd. Eff. Mar. 28, 1934 ;-- CL 1948, 750.250
Former Law: See section 3 of Ch. 155 of R.S. 1846, being CL 1857, § 5804; CL 1871, § 7633; How., § 9215; CL 1897, § 11661; CL 1915, § 15434; and CL 1929, § 17050.


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750.251 Forgery of bank bills and promissory notes.

Sec. 251.

Forgery of bank bills and notes—Any person who shall falsely make, alter, forge, or counterfeit any bank bill or promissory note payable to the bearer thereof, or to the order of any person, issued by this state, or any of its political subdivisions or municipalities or by any incorporated banking company in this state, or in any of the British provinces of North America, or in any other state or country, or payable therein, at the office of any banking company incorporated by any law of the United States or of any other state, with intent to injure or defraud any person, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 7 years.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1934, 1st Ex. Sess., Act 16, Imd. Eff. Mar. 28, 1934 ;-- CL 1948, 750.251
Former Law: See section 4 of Ch. 155 of R.S. 1846, being CL 1857, § 5805; CL 1871, § 7634; How., § 9216; CL 1897, § 11662; CL 1915, § 15435; CL 1929, § 17051; and Act 33 of 1849.


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750.252 Possession of counterfeit notes with intent to utter same as true.

Sec. 252.

Possession of counterfeit notes, etc., with intent to utter same—Any person who shall have in his possession at the same time, 10 or more similar false, altered, forged or counterfeit notes, bills of credit, bank bills or notes of this state, or any of its political subdivisions or municipalities, payable to the bearer thereof, or to the order of any person, such as are mentioned in the preceding sections of this chapter, knowing the same to be false, altered, forged or counterfeit, with intent to utter the same as true, and thereby to injure and defraud as aforesaid, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 7 years.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1934, 1st Ex. Sess., Act 16, Imd. Eff. Mar. 28, 1934 ;-- CL 1948, 750.252
Former Law: See section 5 of Ch. 155 of R.S. 1846, being CL 1857, § 5806; CL 1871, § 7635; How., § 9217; CL 1897, § 11663; CL 1915, § 15436; and CL 1929, § 17052.


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750.253 Uttering counterfeit notes as true.

Sec. 253.

Uttering counterfeit notes, etc.—Any person who shall utter or pass, or tender in payment as true, any such false, altered, forged or counterfeit note, certificate or bill of credit for any debt of this state, or any of its political subdivisions or municipalities, any bank bill or promissory note, payable to the bearer thereof, or to the order of any person, issued as aforesaid, knowing the same to be false, altered, forged or counterfeit, with intent to injure or defraud as aforesaid, shall be guilty of a felony, punishable by imprisonment of not more than 5 years or by fine of not more than 2,500 dollars.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1934, 1st Ex. Sess., Act 16, Imd. Eff. Mar. 28, 1934 ;-- CL 1948, 750.253
Former Law: See section 6 of Ch. 155 of R.S. 1846, being CL 1857, § 5807; CL 1871, § 7636; How., § 9218; CL 1897, § 11664; CL 1915, § 15437; and CL 1929, § 17053.


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750.254 Possession of counterfeit bank, state or municipal bills or notes.

Sec. 254.

Possession of counterfeit bank bills, etc.—Any person who shall bring into this state, or shall have in his possession, any false, altered, forged or counterfeit bill or note in the similitude of the bills or notes payable to the bearer thereof, or to the order of any person issued by or for this state, or any of its political subdivisions or municipalities, or any bank or banking company, established in this state, or in any of the British provinces in North America, or in any other state or country, with intent to utter or pass the same, or to render the same current as true, knowing the same to be false, forged or counterfeit, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 5 years, or by fine of not more than 2,500 dollars.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1934, 1st Ex. Sess., Act 16, Imd. Eff. Mar. 28, 1934 ;-- CL 1948, 750.254
Former Law: See section 8 of Ch. 155 of R.S. 1846, being CL 1857, § 5809; CL 1871, § 7638; How., § 9220; CL 1897, § 11666; CL 1915, § 15439; and CL 1929, § 17055.


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750.255 Tools and implements for counterfeiting bills or notes.

Sec. 255.

Tools and implements for counterfeiting notes—Any person who shall engrave, make or mend, or begin to engrave, make or mend, any plate, block, press or other tool, instrument or implement, or shall make or provide any paper or other material, adapted or designed for the forging and making any false or counterfeit note, certificate or other bill of credit in the similitude of the notes, certificates, bills of credit issued by lawful authority for any debt of this state, or any of its political subdivisions or municipalities, or any false or counterfeit note or bill in the similitude of the notes or bills issued by any bank or banking company established in this state, or within the United States, or in any of the British provinces in North America, or in any foreign state or country; and any person who shall have in his possession any such plate or block, engraved in whole or in part, or any press or other tool, instrument or implement, or any paper or other material, adapted and designed as aforesaid, with intent to use the same, or to cause or permit the same to be used in forging or making any such false or counterfeit certificates, bills or notes, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years or by fine of not more than 5,000 dollars.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1934, 1st Ex. Sess., Act 16, Imd. Eff. Mar. 28, 1934 ;-- CL 1948, 750.255
Former Law: See section 9 of Ch. 155 of R.S. 1846, being CL 1857, § 5810; CL 1871, § 7639; How., § 9221; CL 1897, § 11667; CL 1915, § 15440; and CL 1929, § 17056.


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750.256 Testimony of president and cashier of bank.

Sec. 256.

Testimony of president and cashier of bank—In all prosecutions for forging or counterfeiting any notes or bills of the bank before mentioned, or for altering, publishing or tendering in payment as true, any forged or counterfeit bank bills or notes, or for being possessed thereof, with intent to alter and pass the same as true, the testimony of the president and cashier of such bank may be dispensed with, if their place of residence shall be out of this state, or more than 40 miles from the place of trial; and the testimony of any person acquainted with the signature of the president or cashier of such banks, or who has knowledge of the difference in appearance of the true and counterfeit bills or notes thereof, may be admitted to prove that any such bills or notes are counterfeit; and the lawful existence of any bank out of this state shall be presumed upon evidence that such bank is actually engaged in the business of a bank.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.256
Former Law: See section 10 of Ch. 155 of R.S. 1846, being CL 1857, § 5811; CL 1871, § 7640; How., § 9222; CL 1897, § 11668; CL 1915, § 15441; and CL 1929, § 17057.


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750.257 Sworn certificate; evidence.

Sec. 257.

Sworn certificate made evidence—In all prosecutions for forging or counterfeiting any note, certificate, bills of credit or other security issued in behalf of the United States, or in behalf of any state or territory, or for uttering, publishing or tendering in payment as true, any such forged or counterfeit note, certificate, bill of credit, or security, or for being possessed thereof with intent to utter or pass the same as true, the certificate under oath of the secretary of the treasury, or of the treasurer of the United States, or of the secretary or treasurer of any state or territory on whose behalf such note, certificate, bill of credit or security, purports to have been issued, shall be admitted as evidence for the purpose of proving the same to be forged or counterfeit.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.257
Former Law: See section 11 of Ch. 155 of R.S. 1846, being CL 1857, § 5812; CL 1871, § 7641; How., § 9223; CL 1897, § 11669; CL 1915, § 15442; and CL 1929, § 17058.


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750.258 Connecting parts of instruments.

Sec. 258.

Connecting parts of instruments—If any person shall connect together different parts of several bank notes or other genuine instruments in such a manner as to produce an additional note or instrument, with intent to pass all of them as genuine, the same shall be deemed a forgery, in like manner as if each of them had been falsely made or forged.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.258
Former Law: See section 12 of Ch. 155 of R.S. 1846, being CL 1857, § 5813; CL 1871, § 7642; How., § 9224; CL 1897, § 11670; CL 1915, § 15443; and CL 1929, § 17059.


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750.259 Affixing fictitious signature.

Sec. 259.

Affixing fictitious signature—If any fictitious or pretended signature, purporting to be the signature of an officer or agent of any corporation, shall be fraudulently affixed to any instrument or writing, purporting to be a note, draft or other evidence of debt, issued by said corporation, with intent to pass the same as true, it shall be deemed a forgery, though no such person may ever have been an officer or agent of such corporation, nor ever have existed.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.259
Former Law: See section 13 of Ch. 155 of R.S. 1846, being CL 1857, § 5814; CL 1871, § 7643; How., § 9225; CL 1897, § 11671; CL 1915, § 15444; and CL 1929, § 17060.


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750.260 Coins; counterfeiting and possession.

Sec. 260.

Counterfeiting and possession of coins—Any person who shall counterfeit any gold or silver coin, current by law or usage within this state, and every person who shall have in his possession, at the same time, 5 or more pieces of false money or coin, counterfeited in the similitude of any gold or silver coin current as aforesaid, knowing the same to be false and counterfeit, and with intent to utter or pass the same as true, shall be guilty of a felony, punishable by imprisonment in the state prison for life, or for any term of years.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.260
Former Law: See section 15 of Ch. 155 of R.S. 1846, being CL 1857, § 5816; CL 1871, § 7645; How., § 9227; CL 1897, § 11673; CL 1915, § 15446; and CL 1929, § 17062.


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750.261 Coins; counterfeiting; possession of less than 5 counterfeit.

Sec. 261.

Possession of less than 5 pieces of counterfeit coin—Any person who shall have in his possession any number of pieces less than 5, of the counterfeit coin mentioned in the next preceding section, knowing the same to be counterfeit, with intent to utter and pass the same as true, and any person who shall utter, pass, or tender in payment as true, any such counterfeit coin, knowing the same to be false and counterfeit, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years, or by a fine of not more than 5,000 dollars.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.261
Former Law: See section 16 of Ch. 155 of R.S. 1846, being CL 1857, § 5817; CL 1871, § 7646; How., § 9228; CL 1897, § 11674; CL 1915, § 15447; and CL 1929, § 17063.


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750.262 Counterfeiting; tools.

Sec. 262.

Tools, etc., for counterfeiting coins—Any person who shall cast, stamp, engrave, make or mend, or shall knowingly have in his possession, any mould, pattern, die, puncheon, engine, press or other tool or instrument, adapted and designed for coining or making any counterfeit coin, in the similitude of any gold or silver coin, current by law or usage in this state, with intent to use or employ the same, or to cause or permit the same to be used or employed in coining or making any such false and counterfeit coin as aforesaid, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years, or by a fine of not more than 5,000 dollars.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.262
Former Law: See section 18 of Ch. 155 of R.S. 1846, being CL 1857, § 5819; CL 1871, § 7648; How., § 9230; CL 1897, § 11676; CL 1915, § 15449; and CL 1929, § 17065.


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750.263 Counterfeit marks.

Sec. 263.

(1) A person who willfully counterfeits an identifying mark with intent to deceive or defraud another person or to represent an item of property or service as bearing or identified by an authorized identifying mark 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.

(2) Except as provided in subsection (3), a person who willfully delivers, offers to deliver, uses, displays, advertises, or possesses with intent to deliver any item of property or services bearing, or identified by a counterfeit mark, 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 3 times the aggregate value of the violation, whichever is greater, or both imprisonment and a fine.

(3) A person who violates subsection (2) is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $50,000.00 or 3 times the aggregate value of the violation, whichever is greater, or both imprisonment and a fine, if any of the following apply:

(a) The person has a prior conviction under this section, section 264 or 265a, or former section 265 or a law of the United States or another state substantially corresponding to this section, section 264 or 265a, or former section 265.

(b) The violation involved more than 100 items of property.

(c) The aggregate value of the violation is more than $1,000.00.

(4) A person who willfully manufactures or produces an item of property bearing or identified by a counterfeit mark is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $50,000.00 or 3 times the aggregate value of the violation, whichever is greater, or both imprisonment and a fine.

(5) Willful possession of more than 25 items of property bearing or identified by a counterfeit mark gives rise to a rebuttable presumption that the person possessed those items with intent to deliver them in violation of subsection (2).

(6) Any item of property bearing a counterfeit mark shall be seized under warrant or incident to a lawful arrest. An item of property that bears a counterfeit mark is subject to forfeiture in the same manner as provided in sections 4701 to 4709 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709. Upon determination that an item of property bears a counterfeit mark, the court shall order the item forfeited and shall do 1 of the following:

(a) If the owner of the identifying mark requests, return the item to that owner for destruction or another disposition or use approved by the court.

(b) In the absence of a request under subdivision (a), order the seizing law enforcement agency to destroy the item as contraband or order an alternative disposition or use with the consent of the owner of the identifying mark.

(7) As used in this section and section 264:

(a) “Aggregate value of the violation” means the total value of all items of property or services bearing or identified by a counterfeit mark and involved in the violation, determined using the defendant's regular or intended selling price for each item or service or, if an item of property is intended as a component of a finished product, the defendant's regular or intended selling price of the finished product in which the component would be used.

(b) “Counterfeit mark” means either of the following:

(i) A copy or imitation of an identifying mark without authorization by the identifying mark's owner.

(ii) An identifying mark affixed to an item of property or identifying services without authorization by the identifying mark's owner.

(c) “Deliver” means to actually or constructively transfer or attempt to transfer an item of property from 1 person to another, regardless of whether there is an agency relationship.

(d) “Identifying mark” means a trademark, service mark, trade name, name, label, device, design, symbol, or word, in any combination, lawfully adopted or used by a person to identify items of property manufactured, sold, or licensed by the person or services performed by the person.

(e) “Person” means an individual, partnership, corporation, limited liability company, association, union, or other legal entity. For purposes of ownership of an identifying mark, person includes a governmental entity.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.263 ;-- Am. 1997, Act 155, Eff. Mar. 1, 1998 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 1 of Act 22 of 1863, being CL 1871, § 7649; How., § 9231; CL 1897, § 11677; CL 1915, § 15450; and CL 1929, § 8966.


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750.264 Possession of counterfeit mark, die, plate, engraving, template, pattern, or material; violation as misdemeanor; penalty.

Sec. 264.

A person who possesses a counterfeit mark with intent to use or deliver it, who possesses a die, plate, engraving, template, pattern, or material with intent to create a counterfeit mark, or who possesses an identifying mark without authorization of the identifying mark's owner and with intent to create a counterfeit mark 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.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.264 ;-- Am. 1997, Act 155, Eff. Mar. 1, 1998 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 2 of Act 22 of 1863, being CL 1871, § 7650; How., § 9232; CL 1897, § 11678; CL 1915, § 15451; and CL 1929, § 8967.


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750.265 Repealed. 1997, Act 155, Eff. Mar. 31, 1998.


Compiler's Notes: The repealed section pertained to selling goods bearing forged labels.


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750.265a Union label; counterfeiting, imitation, unauthorized use.

Sec. 265a.

Any person who counterfeits or imitates any union label, or who uses any union label without authority of the particular labor organization or association of working-men whose union label is being so used, shall be guilty of a misdemeanor. A union label for the purposes of this section is defined as a trademark, term, design, symbol or device of a labor organization or association of working-men adopted by them to distinguish their craft, trade or work or membership in or indicating work done by such labor organization or association of working-men.


History: Add. 1957, Act 62, Eff. Sept. 27, 1957


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750.266 Repealed. 2002, Act 296, Imd. Eff. May 9, 2002.


Compiler's Notes: The repealed section pertained to forged railroad passenger tickets.


© 2017 Legislative Council, State of Michigan
Chapter XLII
FORTUNE TELLING


750.267-750.270 Repealed. 1993, Act 282, Eff. Apr. 1, 1994.


© 2017 Legislative Council, State of Michigan
Chapter XLIII
FRAUDS AND CHEATS


750.271 Domestic corporations; securities, fraudulent issue and sale.

Sec. 271.

Fraudulent issue and sale of securities of domestic corporations—Any person or persons who shall fraudulently issue or cause to be issued, any stock, scrip, or evidence of debt, of any bank, insurance, mining or other incorporated company of this state, or who shall sell or offer for sale, hypothecate, or otherwise dispose of any such stock, scrip or other evidence of debt, knowing the same to be so fraudulently issued, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.271
Former Law: See section 1 of Act 128 of 1855, being CL 1857, § 5908; CL 1871, § 7753; How., § 9349; CL 1897, § 11362; CL 1915, § 15080; and CL 1929, § 9804.


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750.272 Foreign corporations; stock, fraudulently issued, sale.

Sec. 272.

Knowingly selling fraudulently issued stock of foreign corporations—Any person or persons who shall sell or offer for sale any stock fraudulently issued, and purporting to be the stock, scrip or evidence of debt of any corporation located out of the state of Michigan, knowing the same to be so fraudulently issued, or shall hypothecate, or in any manner dispose of the same for value, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.272
Former Law: See section 2 of Act 128 of 1855, being CL 1857, § 5909; CL 1871, § 7754; How., § 9350; CL 1897, § 11363; CL 1915, § 15081; and CL 1929, § 9805.


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750.273 Fraudulently obtaining signature; penalty.

Sec. 273.

A person who fraudulently obtains the signature of any person with the intent to cheat and defraud that person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.273 ;-- Am. 2012, Act 172, Imd. Eff. June 19, 2012
Former Law: See section 1 of Act 228 of 1879, being How., § 9353; CL 1897, § 11366; CL 1915, § 15084; and CL 1929, § 16994.


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750.274 Note; fraudulent signature; knowingly purchasing, collection.

Sec. 274.

Purchasing and attempting to collect a note, knowing signature was fraudulently obtained—Any person who shall receive into his possession for collection or sale or who shall purchase any promissory note, bill of exchange, due bill, order, contract, or paper writing whatever, obtained in the manner mentioned in the preceding section of this chapter, knowing the same to have been obtained with the intent to cheat and defraud, and any person who shall take any steps to collect any promissory note, bill of exchange, due bill, order, contract, paper or writing whatever, knowing the signature to have been obtained by fraud, with intent to cheat and defraud, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years, or by fine of not more than 5,000 dollars.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.274
Former Law: See section 2 of Act 228 of 1879, being How., § 9354; CL 1897, § 11367; CL 1915, § 15085; and CL 1929, § 16995.


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750.275 Warranty deed or similar words; use.

Sec. 275.

Use of words “warranty deed” or similar words—Any person who shall print, sell or keep for sale any blank forms of deeds containing the words “warranty deed”, or “warranty-deed-covenant-own-acts”, or any similar words printed or written thereon, unless such deed is in fact an absolute warranty deed, and any person who shall knowingly use any such deed for the purpose of conveying title unless the same is an absolute warranty deed, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.275
Former Law: See sections 1 and 2 of Act 177 of 1885, being How., §§ 9354a and 9354b; CL 1897, §§ 11368 and 11369; CL 1915, §§ 15086 and 15087; and CL 1929, §§ 13325 and 13326.


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750.276 Promise to vendee of grain to sell at fictitious price; signature to note.

Sec. 276.

Procuring signature to note, etc., as consideration for promise to vendee of grain to sell same at fictitious price—Any person who, either for his own benefit, or as the agent of any corporation, company, association or person, procures the signature of any person or maker, indorser, guarantor or surety thereon, to any bond, bill, receipt, promissory note, draft, check or any other evidence of indebtedness as the whole or part consideration for any bond, contract, agreement or promise given to the vendee of any grain, seed or other cereals, binding the vendor or any other person, corporation, company or association, or the agent thereof, to sell for such vendee any grain, seed, or cereals at a fictitious price, or at a price equal to or more than twice the market price of such grain, seed or cereals, shall be guilty of a felony.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.276
Former Law: See sections 1 and 3 of Act 20 of 1887, being How., §§ 9354c and 9354e; CL 1897, §§ 11370 and 11372; CL 1915, §§ 15088 and 15090; and CL 1929, §§ 16631 and 16633.


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750.277 Promise to vendee of grain to sell at fictitious price; sale and transfer.

Sec. 277.

Sale and transfer of note, etc., signature to which was procured as consideration for promise to vendee of grain to sell at fictitious price—Any person who shall sell, barter or dispose of, either for his own benefit or as the agent of any corporation, company, association or person, any bond, bill, receipt, promissory note, draft, check or other evidence of indebtedness, knowing the same to have been obtained as the whole or part consideration for any bond, contract, agreement, or promise given to the vendee of any grain, seed or cereals, binding the vendor or any other person, corporation, company or association, or agent thereof, to sell for such vendee any grain, seed or cereals, at a fictitious price, or at a price equal to or more than twice the market price of such grain, seed, or cereals, shall be guilty of a felony.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.277
Former Law: See sections 2 and 3 of Act 20 of 1887, being How., §§ 9354d and 9354e; CL 1897, §§ 11371 and 11372; CL 1915, §§ 15089 and 15090; and CL 1929, §§ 16632 and 16633.


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750.278 Fraudulent warehouse receipts; executing and delivering.

Sec. 278.

Knowingly executing and delivering fraudulent warehouse receipts—Any warehouseman or forwarding merchant or any other person, or the agent or servant of any warehouseman or forwarding merchant or other person, who shall knowingly execute and deliver to any person a receipt or certificate purporting to be for flour, wheat, pot or pearl ashes, or any grain, produce or thing of value, as being at the time of executing and delivering such receipt in possession of such warehouseman or forwarding merchant, or other person, or in store for the person or persons, copartnership, or firm named in any such receipt or certificate, without being at the time of executing and delivering such receipt in the actual possession of such flour, wheat, pot or pearl ashes, or any grain, produce or thing of value, as expressed in such certificate or receipt, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 5 years or by fine of not more than 2,500 dollars.

The sending or forwarding to a person who shall be duly entitled or authorized to receive the same, by the public mails, or through the government postoffice, or by the hands of any person, of any such receipt or certificate as aforesaid, shall be deemed to be a good and lawful delivery thereof, within the meaning of this section.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.278
Former Law: See section 35 of Ch. 154 of R.S. 1846, being CL 1857, § 5779; CL 1871, § 7586; How., § 9157; CL 1897, § 11571; CL 1915, § 15316; CL 1929, § 16912; and Act 270 of 1881.


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750.279 Personal property; fraudulent disposition.

Sec. 279.

Fraudulent disposition of personal property—Whenever money, or any goods, wares or merchandise or other personal property, shall be delivered, committed or entrusted to, or put in charge of any person as agent with written instructions, or upon any written agreement signed by the party so instructed as agent, or such written instructions shall be delivered or such written agreement shall be made, at any time after delivery to such agent, of any money or goods, wares, merchandise, or other personal property, which instructions or agreements shall express the appropriation, purpose, or use to which such money shall be applied, or the terms, mode or manner of the application or employment of such money, or which shall express or direct the disposition or use to be made by such agent, of any goods, wares, merchandise or other personal property, so delivered or entrusted to such agent; if the person to whom any such money or goods, wares, merchandise or other personal property shall be so delivered, committed or entrusted, shall purposely and intentionally apply, appropriate, dispose of, or use any such money or goods, wares, merchandise or other personal property in any other way or manner, or for any other purpose, use or intent, than such as shall be expressed in such written instrument or agreement touching the same, the person or persons so doing, shall be guilty of felony.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.279
Former Law: See section 36 of Ch. 154 of R.S. 1846, being CL 1857, § 5780; CL 1871, § 7587; How., § 9158; CL 1897, § 11572; CL 1915, § 15317; and CL 1929, § 16913.


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750.280 Gross frauds and cheats at common law.

Sec. 280.

Gross frauds and cheats at common law—Any person who shall be convicted of any gross fraud or cheat at common law, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years or by a fine of not more than 5,000 dollars.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.280
Former Law: See section 40 of Ch. 154 of R.S. 1846, being CL 1857, § 5784; CL 1871, § 7591; How., § 9162; CL 1897, § 11576; CL 1915, § 15321; and CL 1929, § 16917.


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750.281 Repealed. 1996, Act 212, Imd. Eff. May 28, 1996.


Compiler's Notes: The repealed section pertained to defrauding livery stable keepers.


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750.282 Offenses against water, steam, electric, or gas companies, or propane gas dealers or distributors, and boards or municipalities owning or operating plants; misdemeanor; felony; civil action not impaired by criminal prosecution; presumption; prima facie evidence of violation.

Sec. 282.

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

(a) Willfully or fraudulently injure, or fraudulently allow to be injured, a meter, wire, line, pipe, or appliance belonging to a water, steam, electric, or gas company, or propane gas dealer or distributor.

(b) Willfully or fraudulently prevent a water, steam, electric, gas, or propane gas meter belonging to a water, steam, electric, or gas company, or propane gas dealer or distributor from duly registering the quantity of water, steam, electric current, gas, or propane gas measured through the meter, or in any way hinder or interfere with the meter's proper action or just registration.

(c) Attach a line, wire, or pipe to a line, wire, pipe, or main belonging to a water, steam, electric, or gas company, or propane gas dealer or distributor. This subdivision does not apply to the use of a ground wire to ground an electrical system.

(d) Willfully or fraudulently interfere with a pressure regulator device on a propane gas tank or incorporated into a propane gas system.

(e) Use or burn or cause to be used or burned any water, steam, electric current, gas, or propane gas supplied by a water, steam, electric, or gas company, or propane gas dealer or distributor, without the written consent of the company or the propane gas dealer or distributor, or the authorized agent or officer of the company or the propane gas dealer or distributor, unless the water, steam, electric current, gas, or propane gas passes through a meter or is measured by a meter set by the company or the propane gas dealer or distributor; fraudulently use the water, steam, electric current, gas, or propane gas, or fraudulently waste the water, steam, electric current, gas, or propane gas supplied by a water, steam, electric, or gas company, or propane gas dealer or distributor.

(2) A person who violates subsection (1) is guilty of a misdemeanor if the value of the water, steam, electric current, gas, or propane gas used, burned, or wasted, or the damage caused, as a result of the violation, is not more than $500.00. A person who violates subsection (1) is guilty of a felony if the value of the water, steam, electric current, gas, or propane gas used, burned, or wasted, or the damage caused, as a result of the violation, is more than $500.00.

(3) A criminal prosecution under this section shall not in any way impair the right of the company or the propane gas dealer or distributor to full compensation in damages by civil action.

(4) The provisions of this section shall extend and apply to all offenses against all water, steam, electric, or gas companies, or propane gas dealers or distributors, and boards or municipalities owning or operating plants for producing, manufacturing, furnishing, transmitting, or conducting water, steam, electricity, or gas, either natural, liquefied, or artificial.

(5) A person who attaches any line, wire, or pipe or any other device or process to any line, wire, or pipe of a water, steam, electric, or gas company, or propane gas dealer or distributor which interferes with the proper operation and just registration of a meter within the meaning of this section, or who interferes with a pressure regulator device on a propane gas tank or incorporated into a propane gas system, is presumed to do so with intent to avoid, or to enable another to avoid, payment for the service involved.

(6) In all prosecutions under this section, proof that the defendant, other than a lessor, had control of or occupied the premises where the offense was committed, or received the benefit of the water, steam, electric current, gas, or propane gas used or consumed, shall be prima facie evidence of a violation of this section.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.282 ;-- Am. 1984, Act 37, Eff. Apr. 12, 1984 ;-- Am. 1987, Act 32, Eff. Mar. 30, 1988
Former Law: See section 2 of Act 277 of 1911, being CL 1915, § 15362; and CL 1929, § 17043.


© 2017 Legislative Council, State of Michigan


750.282a Sale or transfer of electric or natural gas product or service illegally obtained; violation as felony; penalty; definitions.

Sec. 282a.

(1) A person who sells or transfers or attempts to sell or transfer the product or service of an electric provider or natural gas provider to any other person, knowing or having reason to know that the product or service was obtained illegally, is guilty of a crime as follows:

(a) Except as provided in subdivision (b), the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.

(b) If the person was previously convicted of violating this section, 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 both.

(2) As used in this section:

(a) "Electric provider" means that term as defined in section 5 of the clean, renewable, and efficient energy act, 2008 PA 295, MCL 460.1005.

(b) "Natural gas provider" means that term as defined in section 9 of the clean, renewable, and efficient energy act, 2008 PA 295, MCL 460.1009.


History: Add. 2010, Act 129, Eff. Oct. 19, 2010


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750.283 Fruits and vegetables sold in closed package; fraud prevention.

Sec. 283.

Preventing fraud in sale of fruits and vegetables—In this section, unless the contents otherwise require, the term “closed package” shall be construed to mean a barrel, box, basket, carrier or crate, of which all the contents cannot readily be seen or inspected when such package is prepared for market. Fresh fruits or vegetables in baskets or boxes, packed in closed or open crates, and packages covered with burlap, tarlatan or slat covers shall come within the meaning of the term “closed package.”

Every person who, by himself, his agent or employe, packs or repacks fresh fruits or vegetables in closed packages intended for sale in the open market, shall cause the same to be marked in a plain and indelible manner, as follows:

First, With his full name and address, including the name of the state where such fresh fruits and vegetables are packed, before such fresh fruits or vegetables are removed from the premises of the packer or dealer;

Second, The name and address of such packer or dealer shall be printed or stamped on said closed packages in letters not less than 1/4 inch in height.

No person shall sell, offer, expose or have in his possession for sale, in the open market, any fresh fruits or vegetables packed in a closed package and intended for sale, unless such package is marked as is required by this section.

No person shall sell, offer, expose or have in his possession for sale, any fresh fruits or vegetables packed in a closed or open package, upon which package is marked any designation which represents such fruit as “number one”, “finest”, “best”, “extra good”, “fancy”, “selected”, “prime”, “standard”, or other superior grade or quality, unless such fruit or vegetables consist of well grown specimens, sound, of nearly uniform size, normal shape and good color, for the variety, and not less than 90 per cent free from injurious or disfiguring bruises, diseases, insect injuries or other defects, natural deterioration and decay in transit or storage excepted.

No person shall sell, offer, expose or have in his possession for sale any fresh fruits or vegetables packed in any package in which the faced or shown surface gives a false representation of the contents of such package, and it shall be considered a false representation when more than 20 per cent of such fresh fruits or vegetables are substantially smaller in size than or inferior in grade to, or different in variety from, the faced or shown surface of such package, natural deterioration and decay in transit or storage excepted.

Any person who violates any of the provisions of this section shall be guilty of a misdemeanor. The commissioner of agriculture is hereby charged with the enforcement of this section and is given power unto himself and his inspectors to enter into and upon any premises where fruits and vegetables are graded or packed or stored to inspect the same as to grade, pack and condition.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1937, Act 116, Imd. Eff. June 25, 1937 ;-- CL 1948, 750.283
Former Law: See sections 1 to 6 of Act 207 of 1913, being CL 1915, §§ 15365 to 15370; and CL 1929, §§ 5559 to 5564.


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750.284 Genuine article; selling goods other than; marking.

Sec. 284.

Selling other than genuine goods, etc., under a genuine label, stamp, etc.—Any person who, from any box, phial, case, package or other form of enclosure, having thereon impressed, or in any manner attached, the printed label, brand, engraving, stamp, mark or other device of any mechanic or manufacturer, druggist or apothecary, shall sell, barter or trade therefrom, or therein, any other goods, wares or merchandise than such as are the genuine production of the manufacturer or mechanic, druggist or apothecary, whose label, mark, stamp or device may be imprinted upon or affixed to such box, or other form of enclosure, with intent to deceive such purchaser, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.284
Former Law: See section 4 of Act 22 of 1863, being CL 1871, § 7652; How., § 9234; CL 1897, § 11680; CL 1915, § 15453; and CL 1929, § 8969.


© 2017 Legislative Council, State of Michigan


750.285 Repealed. 2004, Act 452, Eff. Mar. 1, 2005.


Compiler's Notes: The repealed section pertained to obtaining personal identity information with intent to unlawfully use information.
Popular Name: Indentity Theft


© 2017 Legislative Council, State of Michigan


750.286 Repealed. 1964, Act 256, Eff. Aug. 28, 1964.


Compiler's Notes: The repealed section pertained to the sale or offer for sale as Michigan wheat any wheat not grown in the state as misdemeanor.


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750.287 Sterling or sterling silver marked articles; fraud in sale.

Sec. 287.

Any person who knowingly makes or sells, or offers to sell or dispose of, or has in his or her possession with intent to sell or dispose of, any article of merchandise marked, stamped, or branded with the words “sterling” or “sterling silver”, or encased or enclosed in any box, package, cover, or wrapper, or other thing in or by which the article is packed, enclosed, or otherwise prepared for sale or disposition, having on it an engraving or printed label, stamp, imprint, mark, or trademark, indicating or denoting by the marking, stamping, branding, engraving, or printing, that the article is silver, sterling silver, or solid silver, unless 925/1000 of the component parts of the metal of which the article is manufactured are pure silver, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.287 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 1 of Act 122 of 1895, being CL 1897, § 5468; CL 1915, § 7186; and CL 1929, § 8942.


© 2017 Legislative Council, State of Michigan


750.288 Coin or coin silver; fraud in sale of articles marked.

Sec. 288.

Any person who knowingly makes or sells, or offers to sell or dispose of, or has in his or her possession with intent to sell or dispose of, any article of merchandise marked, stamped, or branded with the words “coin”, or “coin silver”, or encased or enclosed in any box, package, cover, or wrapper, or other thing in or by which the article is packed, enclosed or otherwise prepared for sale or disposition, having on it an engraving or printed label, stamp, imprint, mark, or trademark, indicating or denoting by the marking, stamping, branding, engraving, or printing, that the article is coin or coin silver, unless 900/1000 of the component parts of the metal of which the article is manufactured are pure silver, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.288 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 2 of Act 122 of 1895, being CL 1897, § 5469; CL 1915, § 7187; and CL 1929, § 8942.


© 2017 Legislative Council, State of Michigan


750.289 Common carrier; false billing of goods.

Sec. 289.

False billing of goods to common carrier—Any person offering goods, property or effects to any common carrier within this state for the purpose of transportation shall furnish to such carrier a true description of the goods, property or effects so offered, and any person who shall knowingly offer any goods, property or effects to any common carrier for transportation within this state with a false description of the same, or who shall offer any such goods, property or effects under a false billing, false classification or false weight and thereby procure or attempt to procure the transportation of any such goods, property or effects at a less cost than would be due under a true description, true billing, true classification or true weight, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.289
Former Law: See sections 1 and 2 of Act 253 of 1911, being CL 1915, §§ 8230 and 8231; and CL 1929, §§ 11572 and 11573.


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750.290 Imitation leather; boots and shoes.

Sec. 290.

Boots and shoes composed of imitation leather—The term “imitation leather” as used herein shall, for the purposes of this section, be defined to be all leather composed in whole or in part of paper, scraps and portions of hides of animals, used in the manufacture of boots or shoes, which being pressed together with an adhesive substance to keep such component parts intact, is used in place of solid leather in the making of such foot gear.

Every person within this state, who is engaged in the manufacture, sale, exchange, or offers for sale, or has in possession with intent to sell, boots or shoes in the construction of which any imitation leather is used, shall cause to be stamped upon such boots or shoes the words “imitation leather” in a distinct and legible manner: Provided, however, That the letters in the words “imitation leather” shall not be less than 1/8 of an inch in length.

When such imitation leather shall be used either as soles, in-soles, heels or counters of such boots or shoes, the words “imitation leather” shall be stamped upon the outside of the soles near the heel of such boots or shoes; and when such imitation leather shall be used in the making of any other part or parts of such boots or shoes, the words “imitation leather” shall be stamped thereon, in a conspicuous place: Provided, however, Excepting the soles of such boots or shoes the words “imitation leather” need not be stamped upon the outside thereof.

The possession of any boots or shoes which are composed in whole or in part of any imitation leather and which are not stamped as herein required, shall be prima facie evidence of intent to sell the same.

Any person who shall knowingly violate any of the provisions of this section, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.290
Former Law: See sections 1 to 5 of Act 264 of 1897, being CL 1897, §§ 5474 to 5478; CL 1915, §§ 7192 to 7196; and CL 1929, §§ 8950 to 8954.


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750.291 Boarding house keepers; defrauding.

Sec. 291.

Defrauding boarding house keepers—Any person who shall stop, put up, board or lodge at any boarding house as a guest or boarder by the day, week or month, or shall procure any food, entertainment or accommodation without paying therefor, unless there is a distinct and express agreement made by such person with the owner, proprietor or keeper of such boarding house for credit, with intent to defraud such owner, proprietor or keeper out of the pay for such board, lodging, food, entertainment or accommodation, or any person who, with intent so to defraud, shall obtain credit at any boarding house for such board, lodging, food, entertainment or accommodation, by means of any false show of baggage or effects brought thereto, shall be guilty of a misdemeanor: Provided, That no conviction shall be had under the provisions of this section unless complaint shall be made within 10 days of the time of the violation hereof.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.291
Former Law: See section 1 of Act 81 of 1907, being CL 1915, § 6964; CL 1929, § 8801; and Act 87 of 1915.


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750.292 Hotel, motel, inn, restaurant, cafe; defrauding; limitation on proceedings.

Sec. 292.

Any person who shall put up at any hotel, motel, inn, restaurant or cafe as a guest and shall procure any food, entertainment or accommodation without paying therefor, except when credit is given therefor by express agreement, with intent to defraud such keeper thereof out of the pay for the same, or, who, with intent to defraud such keeper out of the pay therefor, shall obtain credit at any hotel, motel, inn, restaurant or cafe for such food, entertainment or accommodation, by means of any false show of baggage or effects brought thereto, is guilty of a misdemeanor. No conviction shall be had under the provisions of this section unless complaint is made within 60 days of the time of the violation hereof.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1939, Act 314, Eff. Sept. 29, 1939 ;-- CL 1948, 750.292 ;-- Am. 1962, Act 19, Eff. Mar. 28, 1963
Former Law: See section 1 of Act 133 of 1907, being CL 1915, § 6966; and CL 1929, § 8798.


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750.293 Hotel, motel, inn, restaurant, cafe; prima facie evidence.

Sec. 293.

Prima facie evidence—Obtaining such food, lodging or accommodation by false pretense, or by false or fictitious show of baggage or other property, or refusal or neglect to pay therefor on demand, or payment thereof with check, draft or order upon a bank or other depository on which payment was refused, or absconding without paying or offering to pay therefore, or surreptitiously removing or attempting to remove baggage, shall be prima facie evidence of such intent to defraud mentioned in the 2 next preceding sections of this chapter.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1939, Act 314, Eff. Sept. 29, 1939 ;-- CL 1948, 750.293
Former Law: See section 2 of Act 133 of 1907, being CL 1915, § 6967; CL 1929, § 8799; and section 2 of Act 81 of 1907, being CL 1915, § 6965; and CL 1929, § 8802.


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750.294 Animals; fraudulent registration as pure-bred.

Sec. 294.

Any person who by fraud or misrepresentation obtains or attempts to obtain the registration of animals as pure-bred upon the herd books of any of the recognized registry associations, when such animals are not entitled to that registration, or who by fraud or misrepresentation obtains or attempts to obtain any false record of the transfer of ownership of the registered animals, or who designedly makes any false statements in reference to the breeding, ownership, color, markings, or registration of animals or in reference to any application for the registration or transfer of animals, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.294 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 1 of Act 216 of 1921, being CL 1929, § 5289.


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750.295 Milk and butter fat production; fraudulent practices.

Sec. 295.

Any person who connives at, commits, or attempts to commit any fraudulent or dishonest practice in connection with the making of official or semiofficial records of milk and butter fat production of cows, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.295 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 1 of Act 221 of 1921, being CL 1929, § 5323.


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750.296 Repealed. 1984, Act 262, Imd. Eff. Dec. 14, 1984.


Compiler's Notes: The repealed section pertained to sale and marking of condensed milk.


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750.297-750.297d Repealed. 1966, Act 78, Imd. Eff. June 10, 1966.


Compiler's Notes: The repealed sections pertained to fraudulent sales and identification of kosher meat products.


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750.297e Kosher food products; definition; sale; false representation; prohibited acts; evidence of fraud; inspection and supervision of sale of meat; rules; violation as misdemeanor.

Sec. 297e.

(1) As used in this section, “kosher” means prepared or processed in accordance with orthodox Hebrew religious requirements sanctioned by a recognized orthodox rabbinical council.

(2) A person who, with intent to defraud, sells or exposes for sale any meat or meat preparations, article of food or food products, and falsely represents the same to be kosher, whether such meat or meat preparations, article of food or food products are raw or prepared for human consumption, either by direct statement orally, or in writing, which might reasonably be calculated to deceive or lead a reasonable man to believe that a representation is being made that such food is kosher or falsely represents any food products or the contents of any package or container to be so constituted and prepared, by having or permitting to be inscribed thereon the word “kosher” in any language; or sells or exposes for sale in the same place of business both kosher and nonkosher meat or meat preparations, or both kosher and nonkosher food or food products, either raw or prepared for human consumption, and who fails to indicate on his window signs and all display advertising, in block letters at least 4 inches in height, “kosher and nonkosher meat sold here” or “kosher and nonkosher food sold here”; or who exposes for sale in any show window or place of business both kosher and nonkosher meat or meat preparations, or kosher and nonkosher food or food products, either raw or prepared for human consumption, and who fails to display over each kind of meat or meat preparation so exposed a sign in block letters at least 4 inches in height reading “kosher meat” or “nonkosher meat”, or “kosher food” or “nonkosher food”, or who displays on his window, door or in his place of business, or in handbills or other printed matter distributed in or outside of his place of business, words or letters in Hebraic characters other than the word “kosher”, or any sign, emblem, insignia, 6-pointed star, symbol or mark in simulation of same, without displaying in conjunction therewith in English letters of at least the same size as such characters, signs, emblems, insignia, symbols or marks, the words “we sell kosher meat and food only” or “we sell nonkosher meat and food only”, or “we sell both kosher and nonkosher meat and food” is guilty of a misdemeanor. Possession of nonkosher meat and food, in any place of business advertising the sale of kosher meat and food only, is presumptive evidence that the person in possession exposes the same for sale with intent to defraud, in violation of the provisions of this section.

(3) A person who, with intent to defraud, sells or exposes for sale in any hotel, restaurant or other place where food products are sold for consumption on or off the premises, any meat or meat preparations, article of food or food products, and falsely represents the same to be kosher, whether such meat or meat preparations, article of food or food products be raw or prepared for human consumption, either by direct statement orally, or in writing, which might reasonably be calculated to deceive or lead a reasonable man to believe that a representation is being made that such food is kosher or falsely represents any food product or the contents of any package or container to be so constituted and prepared, by having or permitting to be inscribed thereon the word “kosher” in any language; or sells or exposes for sale in the same place of business both kosher and nonkosher meat or meat preparations, or both kosher and nonkosher food or food products, either raw or prepared for human consumption, and who fails to indicate on his window signs and all display advertising, in block letters at least 4 inches in height, “kosher and nonkosher food sold here”, or who exposes for sale in any show window or place of business both kosher and nonkosher food or food products, either raw or prepared for human consumption, and who fails to display over each kind of food or food preparation so exposed a sign in block letters at least 4 inches in height reading “kosher food” or “nonkosher food”, or who displays on his window, door or in his place of business, or in handbills or other printed matter distributed in or outside of his place of business, words or letters in Hebraic characters other than the word “kosher”, or any sign, emblem, insignia, 6-pointed star, symbol or mark in simulation of same, without displaying in conjunction therewith in English letters of at least the same size as such characters, signs, emblems, insignia, symbols or marks the words “we sell kosher food only” or “we sell nonkosher food only”, or “we sell both kosher and nonkosher food”, is guilty of a misdemeanor. Possession of nonkosher food, in any place of business advertising the sale of kosher food only, is presumptive evidence that the person in possession exposes the same for sale with intent to defraud, in violation of the provisions of this section.

(4) No person shall:

(a) Wilfully mark, stamp, tag, brand, label or in any other way or by any other means of identification represent or cause to be marked, stamped, tagged, branded, labeled or represented as kosher food or food products not kosher or not so prepared.

(b) Wilfully remove, deface, obliterate, cover, alter or destroy, or cause to be removed, defaced, obliterated, covered, altered or destroyed the original slaughterhouse plumba or any other mark, stamp, tag, brand, label or any other means of identification affixed to foods or food products to indicate that such foods or food products are kosher.

(c) Knowingly sell, dispose of or have in his possession, for the purpose of resale to any person as kosher, any food or food products not having affixed thereto the original slaughterhouse plumba or any other mark, stamp, tag, brand, label or other means of identification employed to indicate that such food or food products are kosher or any food or food products to which such plumba, mark, stamp, tag, brand, label or other means of identification has or have been fraudulently affixed.

(5) The department of agriculture shall investigate, inspect and supervise the sale of meat and meat preparations and enforce the provisions of this act. The department may promulgate rules and regulations for the enforcement and administration of this act in accordance with the provisions of Act No. 88 of the Public Acts of 1943, as amended, being sections 24.71 to 24.80 of the Compiled Laws of 1948, and subject to Act No. 197 of the Public Acts of 1952, as amended, being sections 24.101 to 24.110 of the Compiled Laws of 1948.

(6) Any person who violates the provisions of this section is guilty of a misdemeanor.


History: Add. 1966, Act 78, Imd. Eff. June 10, 1966


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750.297f “Halal” defined; prohibited acts; violation as misdemeanor; presumption; additional prohibited acts; investigation and inspection by department of agriculture; rules.

Sec. 297f.

(1) As used in this section, “halal” means prepared or processed in accordance with Islamic religious requirements.

(2) A person who, with intent to defraud, does any of the following is guilty of a misdemeanor:

(a) Sells or exposes for sale in any place where food products are sold for consummation on or off the premises any meat, meat preparation, article of food, or food product, and falsely represents it to be halal, whether the meat, or meat preparation, article of food, or food product is raw or prepared for human consumption, either by direct statement orally, or in writing, which is reasonably calculated to deceive or lead a reasonable person to believe that a representation is being made that that food is halal.

(b) Falsely represents any food product or the contents of any package or container to be so constituted and prepared, by having or permitting to be inscribed on the package or container the word “halal” in English.

(c) Exposes for sale in any show window or place of business both halal and nonhalal meat or meat preparations, or halal and nonhalal food or food products, either raw or prepared for human consumption, and who fails to identify each kind of meat or meat preparation as “halal meat” or “halal food”.

(d) Displays on his or her window, door, or in his or her place of business, or in handbills or other printed matter distributed inside or outside of his or her place of business, words or letters in Arabic characters other than the word “halal”, or any sign, emblem, insignia, symbol, or mark in simulation of same, without also displaying in English letters of at least the same size as such characters, signs, emblems, insignia, symbols, or marks, the words “we sell halal meat and food only” or “we sell nonhalal meat and food only”, or “we sell both halal and nonhalal meat and food”.

(3) Possession of nonhalal food, in any place of business advertising the sale of halal food only, is presumptive evidence that the person in possession exposes the nonhalal meat and food for sale with intent to defraud.

(4) A person who does any of the following is guilty of a misdemeanor:

(a) Willfully marks, stamps, tags, brands, labels, or in any other way or by any other means of identification represents or causes to be marked, stamped, tagged, branded, labeled, or represented as halal food or food products not halal or not so prepared.

(b) Willfully removes, defaces, obliterates, covers, alters, or destroys, or causes to be removed, defaced, obliterated, covered, altered, or destroyed the original slaughterhouse plumba or any other mark, stamp, tag, brand, label, or any other means of identification affixed to foods or food products to indicate that those foods or food products are halal.

(c) Knowingly sells, disposes of, or has in his or her possession, for the purpose of resale to any person as halal, any food or food products not having affixed to the food or food product the original slaughterhouse plumba or any other mark, stamp, tag, brand, label, or other means of identification employed to indicate that that food or food product is halal or any food or food products to which such plumba, mark, stamp, tag, brand, label, or other means of identification has been fraudulently affixed.

(5) The department of agriculture shall investigate and inspect the sale of halal food products and shall enforce this act. The department of agriculture may promulgate rules for the enforcement and administration of this section under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.


History: Add. 2002, Act 207, Imd. Eff. Apr. 29, 2002
Compiler's Notes: In subsection (2)(a), “consummation” evidently should read “consumption.”


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750.298 Medicine; practicing under false or assumed name.

Sec. 298.

Any person who practices medicine or advertises to practice medicine under a false or assumed name, or under a name other than his or her own, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.298 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 1 of Act 291 of 1929, being CL 1929, § 6756.


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750.298a Representation of service as under supervision of physician; product or appliance approved by medical profession.

Sec. 298a.

If any person, partnership, corporation or enterprise shall offer to furnish any service, product or appliance designed or represented to affect human health, well-being or appearance, and shall advertise, state or represent in any offer, inducement or contract that the rendering of such service will be under the guidance or supervision of a physician, or that such product or appliance has been indorsed or approved by the medical profession, it shall be unlawful for such person, partnership, corporation or enterprise to render such service or cause or permit the same to be rendered except by or under the direct, continuing personal supervision of a physician licensed to practice in Michigan, or to furnish such product or appliance unless the same had, in fact, been indorsed or approved in writing by a bona fide organization of licensed physicians. Any person violating any provisions of this section is guilty of a misdemeanor punishable by a fine not to exceed $1000.00 or imprisonment for not more than 1 year, or both.


History: Add. 1966, Act 302, Eff. Mar. 10, 1967


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750.299 Agricultural seeds; false statement.

Sec. 299.

False statements regarding agricultural seeds—Any person or his agent or employe, who, in writing or in a newspaper, circular or other publication published in this state, makes or disseminates any statement or assertion of fact concerning the superior qualifications, quality, value or locality where grown of any agricultural seeds sold or offered for sale in this state, or the possession of rewards, prizes or distinctions conferred on account of such seeds, or the motive or purpose of such sale, intended to give the appearance of an offer advantageous to the purchaser, or as an inducement for the planting of such seeds, which is untrue or calculated to mislead and to induce a person to purchase such seeds, is guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.299
Former Law: See section 1 of Act 176 of 1919, being CL 1929, § 5082.


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750.300 Insurance company; killing or injuring animals to defraud.

Sec. 300.

Killing or injuring animals with intent to defraud insurance company—Any person who shall injure or kill any horse, mule or other live stock which shall be insured by any insurance company authorized to do business in this state, when such killing or injury shall be with the wilful intent on the part of such person to defraud such insurance company, whether such person shall be the owner of such insured property or not shall be guilty of a felony, punishable by imprisonment for not more than 2 years or by a fine of not more than 1,000 dollars.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.300
Former Law: See section 1 of Act 165 of 1893, being CL 1897, § 11597; CL 1915, § 15352; and CL 1929, § 17001.


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750.300a Food stamps or coupons; conduct as crime; course of conduct as one offense; determination of degree; definitions.

Sec. 300a.

(1) A person who knowingly uses, transfers, acquires, alters, purchases, possesses, presents for redemption, or transports food stamps or coupons or access devices other than as authorized by the food stamp act of 1977, 7 U.S.C. 2011 to 2030, and the regulations promulgated under that act, or any supplemental food program administered by any department of this state pursuant to section 17 of the child nutrition act of 1966, 42 U.S.C. 1786, and the regulations promulgated under that act, is guilty of a crime as follows:

(a) Except as otherwise provided in this subdivision, if the aggregate value of the food stamps or coupons or access devices is $250.00 or less, the person is guilty of a misdemeanor, punishable by imprisonment for not more than 93 days, or a fine of not more than $1,000.00, or both. If the person has 1 prior conviction for violating this section, the person is guilty of a felony, and may be punished as provided in subdivision (b). If the person has 2 or more prior convictions for violating this section, the person is guilty of a felony, and may be punished as provided in subdivision (c). The existence of a prior conviction shall be determined by the court at sentencing.

(b) Except as otherwise provided in this subdivision, if the aggregate value of the food stamps or coupons or access devices is more than $250.00 but does not exceed $1,000.00, 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 both. If the person has 1 or more prior convictions for violating this section, the person is guilty of a felony, and may be punished as provided in subdivision (c). The existence of a prior conviction shall be determined by the court at sentencing.

(c) If the aggregate value of the food stamps or coupons or access devices is more than $1,000.00, the person is guilty of a felony, punishable by imprisonment for not more than 10 years, or a fine of not more than $250,000.00, or both.

(2) If food stamps or coupons or access devices of various values are used, transferred, acquired, altered, purchased, possessed, presented for redemption, or transported in violation of this section over a period of 12 months, the course of conduct may be charged as 1 offense and the values of the food stamps or coupons or access devices aggregated in determining the degree of the offense.

(3) As used in this section:

(a) “Access device” means any card, plate, code, account number, or other means of access that can be used, alone or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods, or other things of value, or that can be used to initiate a transfer of funds pursuant to the food stamp program established under the food stamp act of 1977, 7 U.S.C. 2011 to 2030, or any supplemental food program administered by any department of this state pursuant to section 17 of the child nutrition act of 1966, 42 U.S.C. 1786.

(b) “Aggregate value of the food stamps or coupons or access devices” means the total face value of any food stamps or coupons involved in the violation plus the total value of any access devices involved in the violation. The value of an access device is the total value of the payments, allotments, benefits, money, goods, or other things of value that may be obtained, or the total value of funds that may be transferred, by use of the access device at the time of the violation.

(c) “Food stamps or coupons” means the coupons issued pursuant to the food stamp program established under the food stamp act of 1977, 7 U.S.C. 2011 to 2030, or issued pursuant to any supplemental food program administered by any department of this state pursuant to section 17 of the child nutrition act of 1966, 42 U.S.C. 1786.


History: Add. 1988, Act 387, Eff. Mar. 30, 1989 ;-- Am. 1993, Act 230, Eff. Apr. 1, 1994


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Chapter XLIV
GAMBLING


750.301 Accepting money or valuable thing contingent on uncertain event.

Sec. 301.

Any person or his or her agent or employee who, directly or indirectly, takes, receives, or accepts from any person any money or valuable thing with the agreement, understanding or allegation that any money or valuable thing will be paid or delivered to any person where the payment or delivery is alleged to be or will be contingent upon the result of any race, contest, or game or upon the happening of any event not known by the parties to be certain, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.301 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See sections 1 and 11 of Act 176 of 1925, being CL 1929, §§ 9121 and 9131.


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750.302 Keeping or occupying common gambling house or building or place where gaming permitted; apparatus used for gaming or gambling; manufacture or possession of gaming or gambling apparatus for sale.

Sec. 302.

(1) Except as provided in subsection (2), any person, or his or her agent or employee who, directly or indirectly, keeps, occupies, or assists in keeping or occupying any common gambling house or any building or place where gaming is permitted or suffered or who suffers or permits on any premises owned, occupied, or controlled by him or her any apparatus used for gaming or gambling or who shall use such apparatus for gaming or gambling in any place within this state, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.

(2) This section does not prohibit the manufacture of gaming or gambling apparatus or the possession of gaming or gambling apparatus by the manufacturer of the apparatus solely for sale outside of this state, or for sale to a gambling establishment operating within this state in compliance with the laws of this state, if applicable, and in compliance with the laws of the United States, provided the manufacturer meets or exceeds federal government requirements in regard to manufacture, storage, and transportation.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.302 ;-- Am. 1989, Act 85, Imd. Eff. June 20, 1989 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See sections 2 and 11 of Act 176 of 1925, being CL 1929, §§ 9122 and 9131.


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750.303 Keeping or maintaining gaming room, gaming table, or game of skill or chance for hire, gain, or reward; accessory; applicability of subsection (1) to mechanical amusement device, slot machine, or crane game; “slot machine” and “crane game” defined; notice.

Sec. 303.

(1) Except as otherwise provided in this section, a person who for hire, gain, or reward, keeps or maintains a gaming room, gaming table, game of skill or chance, or game partly of skill and partly of chance, used for gaming, or who permits a gaming room, or gaming table, or game to be kept, maintained, or played on premises occupied or controlled by the person, is guilty of a misdemeanor, punishable by imprisonment for not more than 2 years, or a fine of not more than $1,000.00. A person who aids, assists, or abets in the keeping or maintaining of a gaming room, gaming table, or game, is guilty of a misdemeanor, punishable by imprisonment for not more than 2 years, or a fine of not more than $1,000.00.

(2) Subsection (1) does not apply to a mechanical amusement device which may, through the application of an element of skill, reward the player with the right to replay the mechanical amusement device at no additional cost if the mechanical amusement device is not allowed to accumulate more than 15 replays at 1 time; the mechanical amusement device is designed so that accumulated free replays may only be discharged by reactivating the device for 1 additional play for each accumulated free replay; and the mechanical amusement device makes no permanent record, directly or indirectly, of the free replays awarded.

(3) Subsection (1) does not apply to a slot machine if the slot machine is 25 years old or older and is not used for gambling purposes. As used in this section, “slot machine” means a mechanical device, an essential part of which is a drum or reel which bears an insignia and which when operated may deliver, as a result of the application of an element of chance, a token or money or property, or by operation of which a person may become entitled to receive, as a result of the application of an element of chance, a token or money or property.

(4) A slot machine which is being used for a gambling purpose in violation of subsection (3) shall be confiscated and turned over to the director of the department of state police for auction.

(5) Subsection (1) does not apply to a crane game. As used in this section, “crane game” means an amusement machine activated by the insertion of a coin by which the player uses 1 or more buttons, joysticks, or similar means of control, or a combination of those means of control, to position a mechanical or electromechanical claw, or other retrieval device, over a prize, toy, novelty, or an edible item having a wholesale value of not more than $3.75, and thereby attempts to retrieve the prize, toy, novelty, or edible item. Every prize, toy, or edible item must be retrievable by the claw. A slot machine is not considered a crane game.

(6) A person who knowingly alters a crane game that is available for play so that the crane game is not in compliance with the elements of the definition contained in subsection (5) is guilty of a felony, punishable by imprisonment for not more than 2 years, or a fine of not more than $20,000.00, or both.

(7) A law enforcement officer may confiscate any crane game that is available for play and is not in compliance with the elements of the definition contained in subsection (5). The confiscated crane games and their contents shall not be destroyed, altered, dismantled, sold, or otherwise disposed of except upon order of a court having competent jurisdiction.

(8) The following notice shall be conspicuously posted on the front of every crane game located in this state: “This game is not licensed or regulated by the state of Michigan.”


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.303 ;-- Am. 1975, Act 315, Imd. Eff. Dec. 22, 1975 ;-- Am. 1979, Act 43, Imd. Eff. July 2, 1979 ;-- Am. 1988, Act 464, Imd. Eff. Dec. 27, 1988 ;-- Am. 1990, Act 130, Imd. Eff. June 26, 1990 ;-- Am. 1996, Act 129, Imd. Eff. Mar. 13, 1996
Constitutionality: The provision of the Penal Code which exempts from the statutory proscription of gaming devices mechanical amusement devices which, through application of an element of skill, reward a player with free replays of the device, and which do not allow more than fifteen replays or the discharge of free replays without actually being played or keep a permanent record of the replays awarded is not unconstitutionally vague. Automatic Music and Vending Corporation v Liquor Control Commission, 426 Mich 452; 396 NW2d 204 (1986).
Former Law: See section 15 of Ch. 43 of R.S. 1846, being CL 1857, § 1588; CL 1871, § 1998; How., § 2029; CL 1897, § 5935; CL 1915, § 7801; CL 1929, § 9117; and Act 171 of 1877.


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750.303a Applicability of chapter; recreational card playing conducted at senior citizen housing facility.

Sec. 303a.

This chapter does not apply to recreational card playing conducted at a senior citizen housing facility not licensed by the liquor control commission by a senior citizens club or a group of residents of a senior citizen housing facility that consists of at least 15 members who are 60 years of age or older under all of the following circumstances:

(a) The card playing is conducted solely for the amusement and recreation of the members and guests of the club or group and is not conducted for fund-raising. The number of guests participating in the card playing shall not exceed the number of club or group members participating in the card playing.

(b) Only bona fide members and employees of the club or group participate in the conduct of the activity.

(c) The card playing is conducted after 9 a.m. and before midnight.

(d) The participating cardplayers bet not more than 25 cents per bet.

(e) The winnings from 1 hand of cards do not exceed $5.00.

(f) Except for winnings, revenue generated from the activity is used for reasonable expenses incurred in conducting the card playing, and no person is compensated for participating in the conduct of the card playing.


History: Add. 1996, Act 539, Imd. Eff. Jan. 14, 1997


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750.304 Selling pools and registering bets.

Sec. 304.

Any person or his or her agent or employee who, directly or indirectly, keeps, maintains, operates, or occupies any building or room or any part of a building or room or any place with apparatus, books, or any device for registering bets or buying or selling pools upon the result of a trial or contest of skill, speed or endurance or upon the result of a game, competition, political nomination, appointment, or election or any purported event of like character or who registers bets or buys or sells pools, or who is concerned in buying or selling pools or who knowingly permits any grounds or premises, owned, occupied, or controlled by him or her to be used for any of the purposes aforesaid, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.304 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See sections 3 and 11 of Act 176 of 1925, being CL 1929, §§ 9123 and 9131.


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750.305 Publication or distribution of betting odds; penalty.

Sec. 305.

(1) Any person, or his or her agent or employee who, directly or indirectly, by means of any newspaper, periodical, poster, notice, or other mode of publication or reproduction, writes, prints, publishes, advertises, delivers, or distributes or offers to deliver or distribute to the public or to any part thereof or to any person, any statement or information concerning the making or laying of wagers or bets or the selling of pools or evidences of betting odds on any contest or game or on the happening of any event not known by the parties to be certain, or any purported event of like character, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.

(2) The acts prohibited in subsection (1) constitute violations of subsection (1) when committed before any game, contest, or event. The possession of evidence for the publication of any statement or information concerning the making or laying of wagers or bets or the selling of pools or betting odds also constitutes a violation of subsection (1) when possessed for publication before the act evidenced thereby.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.305 ;-- Am. 1959, Act 229, Eff. Mar. 19, 1960 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See sections 4 and 11 of Act 176 of 1925, being §§ 9124 and 9131.


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750.305a Racing results; unlawful use of teletype ticker, exceptions; prima facie evidence; penalties.

Sec. 305a.

It shall be unlawful for any corporation, association, firm, co-partnership or person, either directly, or indirectly, or by or through any agent or employee, to lease, loan, sell, assign or in any way cause to be furnished any machine, device or instrumentality, excluding the telephone, and including but not limited to the device commonly referred to as a teletype ticker, registering or recording by any words, figures, signs, characters or hieroglyphics information concerning and the results of racing as defined in section 331 of Act No. 328 of the Public Acts of 1931, being section 750.331 of the Compiled Laws of 1948, or any statement or information concerning the making or laying of wagers, or bets, or the selling of pools or evidences of betting odds on any such race, to any person, firm, association, co-partnership or corporation, directly, indirectly or otherwise, or to their agents or employees within this state; and it shall likewise be unlawful for any corporation, association, firm, co-partnership or person, either directly or indirectly, or by or through any agent or employee, to transmit, convey or otherwise cause to be transmitted or conveyed through facilities owned, operated, leased by, serviced by, or otherwise under the control of such corporation, association, firm, co-partnership or person, such information to a teletype ticker or other device or instrumentality recording the same within this state; and it shall likewise be unlawful for any corporation, association, firm, co-partnership or person to string wires or other means of transmitting such information to such device or instrumentality within this state, used for recording such information, or to maintain, service, repair, lease, rent or install such communication lines and such recording devices or instrumentalities to, in and upon any premises in this state: Provided, however, That the provisions hereof shall not apply to the transmission and recording of such information to bona fide newspapers, having a general circulation and carrying principally local, sports, or national news of general interest and shall not apply to duly licensed radio and television stations or to press associations for distribution to such newspapers, radio or television stations nor to the use of totalizers and mechanical devices legally used, under the provisions of section 13, Act No. 199, Public Acts of 1933 as amended, being section 431.13 of the Compiled Laws of 1948, it being the intention of this section to make unlawful the transmission of such information and the furnishing and maintenance of facilities for the receipt and recordation of such information to so-called hand-books, bookies, pool rooms and to any and all other agencies within this state for illegal gambling purposes. The presence of a so-called teletype ticker machine or other device or instrumentality for recording such information and the presence of wires installed for the transmitting of such information in, upon and to any premises within this state other than hereinbefore excepted is hereby declared to be prima facie evidence of the criminal intent of the person, firm, association, co-partnership or corporation and its agents and employees, lending, leasing, renting, conveying, supplying, servicing or otherwise maintaining said wires, devices or instrumentalities: Provided, however, That said presumption of criminal intent shall be rebutted if the corporation, association, firm, co-partnership, person, agent, or employee, furnishing, maintaining, servicing, or installing such device or facilities or transmitting such information, prior to the issuance of a warrant for the violation of this section, shall have notified the prosecuting attorney of the county where the violation is alleged to have occurred in writing that such device and facilities may be used for unlawful and illegal purposes. Any person, co-partnership, firm, association or corporation and any agent and employee thereof who shall, directly or indirectly, do or cause to be done any act or acts hereinbefore declared to be unlawful shall be guilty of a misdemeanor punishable by imprisonment in the state prison for not more than 2 years or by a fine of $5,000.00, or both fine and imprisonment: Provided, however, That no public utility corporation engaged in the distribution and selling of electrical energy shall be deemed to be in violation of this act by reason of its sale of electrical energy to a telephone or telegraph company, or by reason of its permitting its poles or conduits to be occupied by the wires and cables of a telephone or telegraph company.


History: Add. 1952, Act 199, Eff. Sept. 18, 1952


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750.306 Pool tickets; declaration as nuisance.

Sec. 306.

(1) All policy or pool tickets, slips or checks, memoranda of any combination, or other bet, manifold, or other policy or pool books or sheets are hereby declared a common nuisance and the possession of 1 or more of those items is a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.

(2) The possession of articles listed in subsection (1), or of any other implements, apparatus, or materials of any other form of gaming, is prima facie evidence of their use, by the person having them in possession, in the form of gaming in which like articles are commonly used. And such article found upon the person of one lawfully arrested for violation of any law relative to lotteries, policy lotteries or policy, the buying or selling of pools or registering of bets or other form of gaming is competent evidence upon the trial of an indictment to which it may be relevant.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.306 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See sections 5 and 11 of Act 176 of 1925, being CL 1929, §§ 9125 and 9131.


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750.307 Gambling; prima facie evidence.

Sec. 307.

Prima facie evidence—In a prosecution or proceeding relative to lotteries, policy lotteries or policy, buying and selling pools or registering bets, any words, figures or characters, written, printed or exposed upon a blackboard, placard or otherwise in a place alleged to be used or occupied for such business, purporting or appearing to be a name of a horse or jockey, or a description of or reference to a trial or contest of skill, speed or endurance of man, beast, bird or machine, or game, competition, political nomination, appointment or election, or other act or event, or any odds, bet, combination bet or other stake or wager, or any code, cipher or substitute therefor, shall be prima facie evidence of the existence of the race, game, contest or other act or event so purporting or appearing to be referred to, and that such place is kept or occupied for gaming; and in all cases a copy or oral description thereof shall be competent evidence of the same.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.307
Former Law: See section 6 of Act 176 of 1925, being CL 1929, § 9126.


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750.308 Gaming house; search warrant; seizure of apparatus and material; arrest.

Sec. 308.

If a person makes oath before a judge that he or she has probable cause to believe and does believe that a house or other building, room, or place is used as and for a common gaming house, for gaming for money or other property, or is occupied, used, or kept for promoting a lottery, or for the sale of lottery tickets, or for promoting the game known as a policy lottery or policy, or for the buying or selling of pools or registering of bets upon any race, game, contest, act, or event, and that persons resort thereto for any such purpose, the judge, whether the names of the persons last mentioned are known to the complainant or not, shall, if he or she be satisfied there is reasonable cause for such belief, issue a warrant commanding the sheriff or deputy sheriff or any constable or police officer to enter and search such house, building, room, or place, and if any lottery, policy or pool tickets, slips, checks, manifold books or sheets, memoranda of any bet, or other implements, apparatus, or material of any form of gaming be found in the place, to take into his or her custody all the implements, apparatus, or material of gaming, including any articles, equipment, furniture, loud speakers and amplifying apparatus, adding machines, calculators, money changers and boxes, and money found therein or in or on gambling apparatus, or material used in connection with or the promotion of gambling or a gambling place; and upon the finding of such apparatus and material of any form of gaming, the officers shall be authorized to arrest the keepers of the place, all persons in any way assisting in keeping the same, whether as capper, tout, guard, doorkeep, lookout, or otherwise, and all persons who are there found, and to keep the persons, implements, apparatus, or material of gaming, including any punch board prizes, articles, equipment, furniture, loud speakers and amplifying apparatus, adding machines, calculators, money changers and boxes, and money found therein or in or on gambling apparatus, or material used in connection with or the promotion of gambling or a gambling place, so that they may be forthcoming before some court or magistrate to be dealt with according to law. The provisions of law relative to destroying or other disposition of gaming articles shall apply to all articles and property seized as herein provided.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1941, Act 25, Eff. Jan. 10, 1942 ;-- CL 1948, 750.308 ;-- Am. 1953, Act 64, Eff. Oct. 2, 1953 ;-- Am. 1991, Act 145, Imd. Eff. Nov. 25, 1991
Former Law: See section 7 of Act 176 of 1925, being CL 1929, § 9127.


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750.308a Disposition of articles or property seized.

Sec. 308a.

On application of a sheriff, chief of police of a police department, commissioner of the Michigan state police, or other peace officer, a court or magistrate of competent jurisdiction may upon due notice and hearing turn over to said sheriff, chief of a police department, commissioner of the Michigan state police, or peace officer, any articles or property listed under the provisions of section 308 of this chapter lawfully seized by any such peace officer for such disposition as the court or magistrate shall prescribe, or said court or magistrate may provide for the destruction or other disposition of said articles or property.

Any funds derived from the disposition of any such articles or property shall be turned over to the treasurer of the city, township or county whose law enforcement officer made application for the disposition of such articles or property, or to the state treasurer if such application is made by the commissioner of the Michigan state police.


History: Add. 1953, Act 64, Eff. Oct. 2, 1953


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750.309 Frequenting or attending gaming places.

Sec. 309.

Frequenting or attending gaming places—Any person who shall attend or frequent any place where gaming or gambling is suffered or permitted, or any place operated or occupied as a common gaming or gambling house or room, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.309
Former Law: See section 10 of Act 176 of 1925, being CL 1929, § 9129.


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750.310 Exceptions.

Sec. 310.

This chapter shall not be construed to prohibit or make unlawful the operation of a game of skill or chance pursuant to the Michigan Exposition and Fairgrounds Act or the giving or payment of purses, prizes, or premiums to players in a game or participants in a contest or to the owner, driver, manager, or trainer of animals or the drivers, mechanics, or operators of a machine or the giving or payment of entry fees or the payment of expenses or reward for services or labor in connection with a race, contest, or game but it shall apply to the selling of pools or to a transaction whereby money or a valuable thing shall be paid as a gain or speculation on the result of a contest, race, game, or event not known to the parties to be certain and concerning which the parties to the transaction do not render service directly related to the holding of the contest, race, or game or the bringing about of the event.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.310 ;-- Am. 1978, Act 356, Eff. July 22, 1978
Former Law: See section 8 of Act 176 of 1925, being CL 1929, § 9128.


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750.310a Applicability of chapter; bowling game or bowling card game.

Sec. 310a.

(1) Subject to subsection (3), this chapter does not apply to a bowling game or a bowling card game conducted in a bowling center to which all of the following apply:

(a) The total amount of the participation fee per person per game does not exceed $5.00.

(b) The total prize payout per league per game does not exceed $1,000.00 and is comprised only of participation fees.

(2) This section applies only to a game that is sponsored solely by 1 league and whose participants are members of the same league.

(3) The bowling center in which the bowling game or bowling card game is conducted shall not receive a percentage of the participation fees or prize money from bowling games or bowling card games for which a stake or prize is awarded.

(4) As used in this section:

(a) “Bowling center” means a bowling alley with a minimum of 5 lanes.

(b) “Bowling card game” means a card game held in conjunction with a bowling game, the results of which depend on the outcome of the bowling game. Bowling card game does not include any of the following:

(i) A mechanical or electronic simulation of a bowling card game.

(ii) Roulette, beano, cards unless used in a bowling card game, dice, wheels of fortune, video poker, slot machines, or other similar games in which winning depends primarily upon fortuitous or accidental circumstances beyond the control of the player.

(iii) A game that includes a mechanical or physical device that directly or indirectly impairs or thwarts the skill of the player.

(c) “Bowling game” means not more than 3 sets of 10 frames of bowling. Bowling game does not include any of the following:

(i) A mechanical or electronic simulation of a bowling game.

(ii) Roulette, beano, cards unless used in a bowling card game, dice, wheels of fortune, video poker, slot machines, or other similar games in which winning depends primarily upon fortuitous or accidental circumstances beyond the control of the player.

(iii) A game that includes a mechanical or physical device that directly or indirectly impairs or thwarts the skill of the player.

(d) “Participation fee” means a fee that is charged by the league to a participant in a game for which a stake or prize is awarded.


History: Add. 1996, Act 539, Imd. Eff. Jan. 14, 1997 ;-- Am. 1998, Act 338, Imd. Eff. Sept. 30, 1998


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750.310b Applicability of chapter; redemption game.

Sec. 310b.

(1) This chapter does not apply to a redemption game if all of the following conditions are met:

(a) The outcome of the game is determined through the application of an element of skill by the player.

(b) The award of the prize is based upon the player's achieving the object of the game or otherwise upon the player's score.

(c) Only noncash prizes, toys, novelties, or coupons or other representations of value redeemable for noncash prizes, toys, or novelties are awarded. A gift card may be awarded under this subdivision if all of the following apply:

(i) The gift card is usable only at a retailer or an affiliated group of retailers.

(ii) The gift card is issued in a specified amount.

(iii) The gift card is redeemable only for goods and services available from the retailer or retailers and not for cash.

(iv) Information on the gift card may not be altered with the use of a personal identification number.

(d) The wholesale value of a prize, toy, or novelty awarded for the successful single play of a game is not more than $3.75.

(e) The redemption value of coupons or other representations of value awarded for the successful single play of a game does not exceed 15 times the amount charged for a single play of the game or a $3.75-per-play average, whichever is less. However, players may accumulate coupons or other representations of value for redemption for noncash prizes, toys, or novelties of a greater value up to, but not exceeding, $500.00 wholesale value.

(2) As used in this section, "redemption game" means a single player or multiplayer mechanical, electronic, or manual amusement device involving a game, the object of which is throwing, rolling, bowling, shooting, placing, propelling, or stopping a ball or other object into, upon, or against a hole or other target. Redemption game does not include either of the following:

(a) A game such as roulette, beano, cards, dice, wheel of fortune, video poker, a slot machine, or another game in which winning depends primarily upon fortuitous or accidental circumstances beyond the control of the player.

(b) A game that includes a mechanical or physical device that directly or indirectly impairs or thwarts the skill of the player.


History: Add. 1996, Act 539, Imd. Eff. Jan. 14, 1997 ;-- Am. 2010, Act 219, Imd. Eff. Dec. 9, 2010


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750.310c Applicability of chapter; social media internet game; definition.

Sec. 310c.

(1) The chapter does not prohibit a social media internet game from rewarding a player, as a result of chance or uncertain event, with either 1 or more free plays or an extended period of playing time.

(2) As used in this section, "social media internet game" means a game offered over the internet or on a telephone or other mobile device. Social media internet game does not include fantasy sports.


History: Add. 2017, Act 41, Imd. Eff. May 23, 2017


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750.311 Gambling in stocks, bonds, grain or produce.

Sec. 311.

Gambling in stocks, bonds, grain, etc.—It shall be unlawful for any corporation, association, firm, copartnership or person to keep or cause to be kept by any agent or employe within this state, any office, store or other place, wherein is conducted or permitted the pretended buying or selling of the shares of stocks or bonds of any corporation, or petroleum, cotton, grain, provisions or other produce, either on margins or otherwise, without any intention of receiving and paying for the property so bought or of delivering the property so sold; or wherein is conducted or permitted the pretended buying or selling of such property on margins, when the party selling the same or offering to sell the same does not have the property on hand to deliver upon such sale; or when the party buying any of such property, or offering to buy the same, does not intend actually to receive the same if purchased or to deliver the same if sold; all such acts and all purchases and sales, or contracts and agreements for the purchase and sale of any of the property aforesaid in manner aforesaid, and all offers to sell the same or to purchase the same in manner aforesaid, as well as all transactions in stocks, bonds, petroleum, cotton, grains or provisions in the manner as aforesaid, on margins for future or optional delivery, are hereby declared gambling and criminal acts, whether the person buying or selling or offering to buy or sell acts for himself or as an agent, employe or broker for any firm, copartnership, company, corporation, association or broker's office.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.311
Former Law: See section 1 of Act 199 of 1887, being How., § 9354f; CL 1897, § 11373; CL 1915, § 15091; CL 1929, § 16618; and sections 1 and 2 of Act 336 of 1907, being CL 1915, §§ 7805 and 7806; and CL 1929, §§ 9133 and 9134.


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750.312 Commission merchants, statements on demand.

Sec. 312.

Commission merchants, etc., to furnish written statement, etc., on demand—It shall be the duty of every commission merchant, firm, copartnership, association, corporation or broker doing business as such, to furnish upon demand, to any customer or principal for whom such commission merchant, broker, firm, copartnership, corporation or association has executed any order for the actual purchase or sale of any of the commodities mentioned in the next preceding section of this chapter either for immediate or future delivery, a written statement containing the names of the parties from whom any such property was bought or to whom it shall have been sold, as the case may be, the time when, the place where and the price at which the same was either bought or sold; and in case such commission merchant, broker, firm, copartnership, corporation or association shall refuse promptly to furnish such statement upon reasonable demand, the fact of such refusal shall be prima facie evidence that such property was not sold or bought in legitimate manner upon the open market.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.312
Former Law: See section 2 of Act 199 of 1887, being How., § 9354g; CL 1897, § 11374; CL 1915, § 15092; CL 1929, § 16619; and section 4 of Act 336 of 1907, being CL 1915, § 7808; and CL 1929, § 9136.


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750.313 Gambling in stocks, bonds, grain or produce; penalty.

Sec. 313.

Penalty for gambling and using property for gambling in stocks, bonds, grain, etc.—Any person who shall knowingly permit any of the acts set forth in the eleventh section of this chapter in his building, house or in any out-house, booth, arbor or erection of which he has the title, care or possession, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 2 years or by a fine of not less than 500 dollars or more than 1,000 dollars, and any penalty so adjudged shall be a lien upon the premises on or in which such unlawful acts are carried on or permitted, and any person whether acting for himself, or as a broker, agent or employe of any person, or as an officer, broker, agent or employe of any corporation, association, firm or co-partnership, who shall violate any of the provisions of the eleventh section of this chapter, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 2 years, or by fine of not less than 500 dollars nor more than 1,000 dollars.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.313
Former Law: See section 3 of Act 199 of 1887, being How., § 9354h; CL 1897, § 11375; CL 1915, § 15093; and CL 1929, § 16620.


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750.314 Winning at gambling.

Sec. 314.

Any person who by playing at cards, dice, or any other game, or by betting or putting up money on cards, or by any other means or device in the nature of betting on cards, or betting of any kind, wins or obtains any sum of money or any goods, or any article of value whatever, is guilty of a misdemeanor if the money, goods, or articles so won or obtained are of the value of not more than $50.00. If the money, goods, or articles so won or obtained are of the value of more than $50.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.314 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 9 of Ch. 43 of R.S. 1846, being CL 1857, § 1582; CL 1871, § 1992; How., § 2023; CL 1897, § 5929; CL 1915, § 7795; CL 1929, § 9111; and Act 171 of 1877.


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750.315 Losing at gambling.

Sec. 315.

Losing at gambling—Any person who shall lose any sum of money, or any goods, article or thing of value, by playing or betting on cards, dice or by any other device in the nature of such playing or betting, and shall pay or deliver the same or any part thereof to the winner, and shall not, within 3 months after such loss, without covin or collusion, prosecute with effect for such money or goods, the winner to whom such money or goods shall have been so paid or delivered, shall be guilty of a misdemeanor, punishable by a fine not exceeding 3 times the value of such money or goods. Such loser may sue for and recover such money in an action for money had and received to the use of the plaintiff; and such goods, article or valuable thing in an action of replevin, or the value thereof in an action on the case.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.315
Former Law: See sections 9 and 10 of Ch. 43 of R.S. 1846, being CL 1857, §§ 1582 and 1583; CL 1871, §§ 1992 and 1993; How., §§ 2023 and 2024; CL 1897, §§ 5929 and 5930; CL 1915, §§ 7795 and 7796; and CL 1929, §§ 9111 and 9112.


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750.315a Loan promotion raffle or savings promotion raffle; inapplicability of chapter.

Sec. 315a.

This chapter does not apply to a loan promotion raffle or savings promotion raffle conducted by a domestic credit union under section 411 of the credit union act, 2003 PA 215, MCL 490.411, to a loan promotion raffle or savings promotion raffle conducted by a state bank under section 4111 of the banking code of 1999, 1999 PA 276, MCL 487.14111, or to a loan promotion raffle or savings promotion raffle conducted by a federally chartered credit union, a national bank, or a federally chartered savings and loan association that is conducted in the same manner as a loan promotion raffle or savings promotion raffle conducted by a domestic credit union under section 411 of the credit union act, 2003 PA 215, MCL 490.411.


History: Add. 1982, Act 395, Eff. Mar. 30, 1983 ;-- Am. 2003, Act 217, Imd. Eff. Dec. 2, 2003 ;-- Am. 2014, Act 400, Imd. Eff. Dec. 29, 2014 ;-- Am. 2016, Act 163, Eff. Sept. 7, 2016


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Chapter XLV
HOMICIDE


750.316 First degree murder; penalty; definitions.

Sec. 316.

(1) Except as provided in sections 25 and 25a of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.25 and 769.25a, a person who commits any of the following is guilty of first degree murder and shall be punished by imprisonment for life without eligibility for parole:

(a) Murder perpetrated by means of poison, lying in wait, or any other willful, deliberate, and premeditated killing.

(b) Murder committed in the perpetration of, or attempt to perpetrate, arson, criminal sexual conduct in the first, second, or third degree, child abuse in the first degree, a major controlled substance offense, robbery, carjacking, breaking and entering of a dwelling, home invasion in the first or second degree, larceny of any kind, extortion, kidnapping, vulnerable adult abuse in the first or second degree under section 145n, torture under section 85, aggravated stalking under section 411i, or unlawful imprisonment under section 349b.

(c) A murder of a peace officer or a corrections officer committed while the peace officer or corrections officer is lawfully engaged in the performance of any of his or her duties as a peace officer or corrections officer, knowing that the peace officer or corrections officer is a peace officer or corrections officer engaged in the performance of his or her duty as a peace officer or corrections officer.

(2) As used in this section:

(a) "Arson" means a felony violation of chapter X.

(b) "Corrections officer" means any of the following:

(i) A prison or jail guard or other prison or jail personnel.

(ii) Any of the personnel of a boot camp, special alternative incarceration unit, or other minimum security correctional facility.

(iii) A parole or probation officer.

(c) "Major controlled substance offense" means any of the following:

(i) A violation of section 7401(2)(a)(i) to (iii) of the public health code, 1978 PA 368, MCL 333.7401.

(ii) A violation of section 7403(2)(a)(i) to (iii) of the public health code, 1978 PA 368, MCL 333.7403.

(iii) A conspiracy to commit an offense listed in subparagraph (i) or (ii).

(d) "Peace officer" means any of the following:

(i) A police or conservation officer of this state or a political subdivision of this state.

(ii) A police or conservation officer of the United States.

(iii) A police or conservation officer of another state or a political subdivision of another state.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.316 ;-- Am. 1969, Act 331, Eff. Mar. 20, 1970 ;-- Am. 1980, Act 28, Imd. Eff. Mar. 7, 1980 ;-- Am. 1994, Act 267, Eff. Oct. 1, 1994 ;-- Am. 1996, Act 20, Eff. Apr. 1, 1996 ;-- Am. 1996, Act 21, Eff. Apr. 1, 1996 ;-- Am. 1999, Act 189, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 58, Eff. June 11, 2004 ;-- Am. 2006, Act 415, Eff. Dec. 1, 2006 ;-- Am. 2013, Act 39, Imd. Eff. June 4, 2013 ;-- Am. 2014, Act 23, Imd. Eff. Mar. 4, 2014 ;-- Am. 2014, Act 158, Eff. July 1, 2014
Constitutionality: This section, which provides a mandatory life sentence for first degree murder, does not violate constitutional guarantees of due process and equal protection or the guarantee against cruel and unusual punishment. People v Hall, 396 Mich 650; 242 NW2d 377 (1976).The use of common-law definition of rape in this section, until it was amended by 1980 PA 28, does not violate the equal protection clause. People v McDonald, 409 Mich 110; 293 NW2d 588 (1980).In People v Gay, 407 Mich 681; 289 NW2d 651 (1980), the Michigan supreme court held that the prosecution of defendants under this section subsequent to their convictions in federal court for the same acts is limited by the double jeopardy clause of the Michigan constitution.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.A mandatory life sentence imposed for conspiracy to commit first-degree, even if nonparolable, is not so excessive as to constitute cruel and unusual punishment; nor does it violate the Equal Protection Clauses of the Michigan and United States Constitutions. People v Fernandez, 427 Mich 321; 398 NW2d 311 (1986).
Former Law: See section 1 of Ch. 153 of R.S. 1846, being CL 1857, § 5711; CL 1871, § 7510; How., § 9075; CL 1897, § 11470; CL 1915, § 15192; and CL 1929, § 16708.


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750.317 Second degree murder; penalty.

Sec. 317.

Second degree murder—All other kinds of murder shall be murder of the second degree, and shall be punished by imprisonment in the state prison for life, or any term of years, in the discretion of the court trying the same.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.317
Former Law: See section 2 of Ch. 153 of R.S. 1846, being CL 1857, § 5712; CL 1871, § 7511; How., § 9076; CL 1897, § 11471; CL 1915, § 15193; and CL 1929, § 16709.


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750.317a Delivery of schedule 1 or 2 controlled substance; death as felony; penalty.

Sec. 317a.

A person who delivers a schedule 1 or 2 controlled substance, other than marihuana, to another person in violation of section 7401 of the public health code, 1978 PA 368, MCL 333.7401, that is consumed by that person or any other person and that causes the death of that person or other person is guilty of a felony punishable by imprisonment for life or any term of years.


History: Add. 2005, Act 167, Eff. Jan. 1, 2006


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750.318 Degree of murder; determination; testimony, open court, transcript.

Sec. 318.

The jury before whom any person indicted for murder shall be tried shall, if they find such person guilty thereof, ascertain in their verdict, whether it be murder of the first or second degree; but, if such person shall be convicted by confession, the court shall proceed by examination of witnesses to determine the degree of the crime, and shall render judgment accordingly. All testimony taken at such examination shall be taken in open court and a typewritten transcript or copy thereof, certified by the court reporter taking the same, shall be placed in the file of the case in the office of the county clerk.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1947, Act 295, Eff. Oct. 11, 1947 ;-- CL 1948, 750.318
Former Law: See section 3 of Ch. 153 of R.S. 1846, being CL 1857, § 5713; CL 1871, § 7512; How., § 9077; CL 1897, § 11472; CL 1915, § 15194; and CL 1929, § 16710.


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750.319 Repealed. 2015, Act 210, Eff. Mar. 14, 2016.


Compiler's Notes: The repealed section pertained to death as a result of duel.


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750.320 Repealed. 2015, Act 210, Eff. Mar. 14, 2016.


Compiler's Notes: The repealed section pertained to seconds in duels resulting in death.


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750.321 Manslaughter.

Sec. 321.

Manslaughter—Any person who shall commit the crime of manslaughter shall be guilty of a felony punishable by imprisonment in the state prison, not more than 15 years or by fine of not more than 7,500 dollars, or both, at the discretion of the court.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.321
Former Law: See section 10 of Ch. 153 of R.S. 1846, being CL 1857, § 5720; CL 1871, § 7519; How., § 9084; CL 1897, § 11479; CL 1915, § 15201; and CL 1929, § 16717.


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750.322 Manslaughter; wilful killing of unborn quick child.

Sec. 322.

Wilful killing of unborn quick child—The wilful killing of an unborn quick child by any injury to the mother of such child, which would be murder if it resulted in the death of such mother, shall be deemed manslaughter.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.322
Former Law: See section 32 of Ch. 153 of R.S. 1846, being CL 1857, § 5742; CL 1871, § 7541; How., § 9106; CL 1897, § 11501; CL 1915, § 15223; and CL 1929, § 16739.


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750.323 Manslaughter; death of quick child or mother from use of medicine or instrument.

Sec. 323.

Death of quick child or mother from use of medicine, etc., with intent to destroy such child—Any person who shall administer to any woman pregnant with a quick child any medicine, drug or substance whatever, or shall use or employ any instrument or other means, with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, shall, in case the death of such child or of such mother be thereby produced, be guilty of manslaughter.

In any prosecution under this section, it shall not be necessary for the prosecution to prove that no such necessity existed.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.323
Former Law: See section 33 of Ch. 153 of R.S. 1846, being CL 1857, § 5743; CL 1871, § 7542; How., § 9107; CL 1897, § 11502; CL 1915, § 15224; and CL 1929, § 16740.


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750.324, 750.325 Repealed. 2008, Act 463, Eff. Oct. 31, 2010.


Compiler's Notes: The repealed section s pertained to operation of a vehicle resulting in the death of another as misdemeanor and the inclusion of homicide in crime of manslaughter during operation of a vehicle.


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750.326 Immoderate speed not dependent on legal speed.

Sec. 326.

Immoderate speed not dependent on legal rate of speed—In any prosecution under the 2 next preceding sections, whether the defendant was driving at an immoderate rate of speed shall not depend upon the rate of speed fixed by law for operating such vehicle.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.326
Former Law: See section 3 of Act 98 of 1921, being CL 1929, § 16745.


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750.327 Death due to explosives.

Sec. 327.

Death due to explosives—No person shall order, send, take or carry, or attempt to order, send, take or carry dynamite, nitro-glycerine or any other explosive substance which explodes by concussion or friction, concealed in any bag, satchel, valise, trunk, box or in any other manner, either as freight or baggage, on any passenger boat or vessel, or any railroad car or train of cars, street car, motor bus, stage or other vehicle used wholly or partly for carrying passengers.

In case any person violates any of the provisions of this section, he, and any consignee to whom any such dynamite, nitro-glycerine, or other explosive substance has been consigned by his procurement in violation of any of the provisions hereof, shall be guilty of a felony, punishable by imprisonment in the state prison for life or any term of years, in case such dynamite, nitro-glycerine or other explosive substance explodes and destroys human life while in possession of any carrier or on any boat, vessel, railroad car, street car, motor bus, stage or other vehicle contrary to any of the provisions hereof.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.327


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750.327a Sale of explosives to minors.

Sec. 327a.

A person who sells or furnishes to a minor, without first having procured the written consent of the parent or guardian of the minor, any bulk gunpowder, dynamite, blasting caps or nitroglycerine is guilty of a misdemeanor.


History: Add. 1961, Act 12, Eff. Sept. 8, 1961 ;-- Am. 1972, Act 32, Imd. Eff. Feb. 19, 1972


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750.328 Death due to explosives; placed with intent to destroy building or object.

Sec. 328.

Death from explosives placed with intent to destroy, etc., building or object—Any person who with intent to destroy, throw down or injure the whole or any part of any building or object, places or causes to be placed in, upon, under, against or near such building or object any gun powder or other explosive substance which upon explosion causes the death of any person, shall be guilty of a felony, punishable by imprisonment in the state prison for life or any term of years.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.328


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750.329 Discharging firearm pointed or aimed at another person resulting in death; manslaughter; exception; "peace officer" defined.

Sec. 329.

(1) A person who wounds, maims, or injures another person by discharging a firearm that is pointed or aimed intentionally but without malice at another person is guilty of manslaughter if the wounds, maiming, or injuries result in death.

(2) This section does not apply to a peace officer of this state or another state, or of a local unit of government of this state or another state, or of the United States, performing his or her duties as a peace officer. As used in this section, "peace officer" means that term as defined in section 215.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.329 ;-- Am. 2005, Act 303, Imd. Eff. Dec. 21, 2005


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750.329a Intent to assist individual in suicide; prohibited conduct; felony; exception; effect of common law offense.

Sec. 329a.

(1) A person who knows that an individual intends to kill himself or herself and does any of the following with the intent to assist the individual in killing himself or herself is guilty of criminal assistance to the killing of an individual, a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both:

(a) Provides the means by which the individual attempts to kill himself or herself or kills himself or herself.

(b) Participates in an act by which the individual attempts to kill himself or herself or kills himself or herself.

(c) Helps the individual plan to attempt to kill himself or herself or to kill himself or herself.

(2) This section does not apply to withholding or withdrawing medical treatment.

(3) This section does not prohibit a prosecution under the common law offense of assisting in a suicide, but a person shall not be convicted under both this section and that common law offense for conduct arising out of the same transaction.


History: Add. 1998, Act 296, Eff. Sept. 1, 1998


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Chapter XLVI
HORSE RACING


750.330 Betting odds; publishing and selling.

Sec. 330.

Any person, firm, or corporation, who by means of any newspaper, periodical, poster, notice, or other mode of publication or reproduction, publishes or sells reports of betting odds on horse races wherever conducted is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.

This section does not apply to trotting or pacing races permitted to be held in this state, nor to races conducted at state or county fairs or other fairs conducted by agricultural societies; nor as prohibiting the publication of matters pertaining to pedigrees, entries or results of races excepted by this section, or programs for the use solely of spectators at races nor to any publication designed solely for the benefit of breeders or purchasers of stock.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.330 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See sections 1 to 3 of Act 328 of 1917, being CL 1929, §§ 16628 to 16630.


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750.331 Racing; definition, penalty.

Sec. 331.

All running, trotting, or pacing of horses, or any other animals, for any bet or stakes, in money, goods, or other valuable thing, excepting such as are by special laws for that purpose expressly allowed, constitute racing within the meaning of this section, and are hereby declared to be common and public nuisances and all parties concerned therein, either as authors, betters, stakers, stake-holders, judges to determine the speed of animals, riders, contrivers, or abettors thereof, are guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00. However, this section does not apply to the giving of premiums by agricultural and other societies and associations for the running and trotting of horses at fairs or regularly appointed meetings.

Every person who contributes or collects any money, goods, or things in action, for the purpose of making up a purse, plate, or other valuable thing, to be raced for by any animal, contrary to law, is guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.331 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See sections 1 and 3 of Ch. 40 of R.S. 1846, being CL 1857, §§ 5920 and 5922; CL 1871, §§ 7777 and 7779; How., §§ 9387 and 9389; CL 1897, §§ 11396 and 11398; CL 1915, §§ 15114 and 15116; and CL 1929, §§ 16621 and 16623.


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750.332 Fraudulent entry of horses in speed contests.

Sec. 332.

Fraudulent entry of horses in speed contests—Any person who shall knowingly and corruptly enter, or cause to be entered for competition, or to compete for any prize, purse, premium, stake or sweepstakes, offered by any agricultural society or driving club, or other society organized under the laws of this state, or by any association of persons in this state where the same is to be decided by a contest of speed, any horse, mare, gelding, colt or filly, under an assumed or false name, or out of its proper class or division, with intent to cheat or deceive such society or organization or association, shall be guilty of a felony.

The class or division in which an entry is made, within the meaning of this section, shall be determined by the rules and regulations of the society, organization or association under whose auspices the contest is to be conducted and the published terms and conditions under which the prize, purse, premium, stake or sweepstakes is offered, opened or announced.

The true name of any horse, mare, gelding, colt or filly, within the meaning of this section, shall be the name by which it is known under and according to the rules and regulations of such society, organization or association, and the name by which any horse, mare, gelding, colt or filly has once competed for any prize, purse, premium, stake or sweepstakes, shall be regarded as its true name, unless the name is changed as provided by said rules and regulations.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.332
Former Law: See sections 1 to 3 of Act 63 of 1891, being CL 1897, §§ 11769 to 11771; CL 1915, §§ 15583 to 15585; and CL 1929, §§ 16625 to 16627.


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Chapter XLVII
INCEST


750.333 Repealed. 1974, Act 266, Eff. Apr. 1, 1975.


Compiler's Notes: The repealed section pertained to incest.


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750.334 Repealed. 1999, Act 251, Imd. Eff. Dec. 28, 1999.


Compiler's Notes: The repealed section pertained to incriminating testimony and immunity of witnesses.


© 2017 Legislative Council, State of Michigan
Chapter XLVIII
INDECENCY AND IMMORALITY


750.335 Lewd and lascivious cohabitation and gross lewdness.

Sec. 335.

Any man or woman, not being married to each other, who lewdly and lasciviously associates and cohabits together, and any man or woman, married or unmarried, who is guilty of open and gross lewdness and lascivious behavior, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000.00. No prosecution shall be commenced under this section after 1 year from the time of committing the offense.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.335 ;-- Am. 1952, Act 73, Eff. Sept. 18, 1952 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See sections 6 and 7 of Ch. 158 of R.S. 1846, being CL 1857, §§ 5861 and 5862; CL 1871, §§ 7696 and 7697; How., §§ 9282 and 9283; CL 1897, §§ 11693 and 11694; CL 1915, §§ 15467 and 15468; and CL 1929, §§ 16822 and 16823.


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750.335a Indecent exposure; violation; penalty; mother's breastfeeding or expressing milk exempt.

Sec. 335a.

(1) A person shall not knowingly make any open or indecent exposure of his or her person or of the person of another.

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

(a) Except as provided in subdivision (b) or (c), the person 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.

(b) If the person was fondling his or her genitals, pubic area, buttocks, or, if the person is female, breasts, while violating subsection (1), the person is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

(c) If the person was at the time of the violation a sexually delinquent person, the violation is punishable by imprisonment for an indeterminate term, the minimum of which is 1 day and the maximum of which is life.

(3) A mother's breastfeeding of a child or expressing breast milk does not constitute indecent or obscene conduct under subsection (1) regardless of whether or not her areola or nipple is visible during or incidental to the breastfeeding or expressing of breast milk.


History: Add. 1952, Act 73, Eff. Sept. 18, 1952 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003 ;-- Am. 2005, Act 300, Eff. Feb. 1, 2006 ;-- Am. 2014, Act 198, Imd. Eff. June 24, 2014


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750.336 Repealed. 1974, Act 266, Eff. Apr. 1, 1975.


Compiler's Notes: The repealed section pertained to taking indecent liberties with child under 16.


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750.337 Repealed. 2015, Act 210, Eff. Mar. 14, 2016.


Compiler's Notes: The repealed section pertained to indecent language used in presence of women and children.


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750.338 Gross indecency; between male persons.

Sec. 338.

Any male person who, in public or in private, commits or is a party to the commission of or procures or attempts to procure the commission by any male person of any act of gross indecency with another male person shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 5 years, or by a fine of not more than $2,500.00, or if such person was at the time of the said offense a sexually delinquent person, may be punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.338 ;-- Am. 1952, Act 73, Eff. Sept. 18, 1952
Constitutionality: This section, which prohibits "acts of gross indecency," is not unconstitutionally vague as applied to forced fellatio and fellatio with a minor. People v Howell, 396 Mich 16; 238 NW 2d 148 (1976).
Former Law: See section 1 of Act 198 of 1903, being CL 1915, § 15511; and CL 1929, § 16851.


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750.338a Gross indecency; female persons.

Sec. 338a.

Any female person who, in public or in private, commits or is a party to the commission of, or any person who procures or attempts to procure the commission by any female person of any act of gross indecency with another female person shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 5 years, or by a fine of not more than $2,500.00, or if such person was at the time of the said offense a sexually delinquent person, may be punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life.


History: Add. 1939, Act 148, Eff. Sept. 29, 1939 ;-- CL 1948, 750.338a ;-- Am. 1952, Act 73, Eff. Sept. 18, 1952


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750.338b Gross indecency; between male and female persons.

Sec. 338b.

Any male person who, in public or in private, commits or is a party to the commission of any act of gross indecency with a female person shall be guilty of a felony, punishable as provided in this section. Any female person who, in public or in private, commits or is a party to the commission of any act of gross indecency with a male person shall be guilty of a felony punishable as provided in this section. Any person who procures or attempts to procure the commission of any act of gross indecency by and between any male person and any female person shall be guilty of a felony punishable as provided in this section. Any person convicted of a felony as provided in this section shall be punished by imprisonment in the state prison for not more than 5 years, or by a fine of not more than $2,500.00, or if such person was at the time of the said offense a sexually delinquent person, may be punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life.


History: Add. 1939, Act 148, Eff. Sept. 29, 1939 ;-- CL 1948, 750.338b ;-- Am. 1952, Act 73, Eff. Sept. 18, 1952


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750.339-750.342 Repealed. 1974, Act 266, Eff. Apr. 1, 1975.


Compiler's Notes: The repealed sections pertained to females over 15 debauching males under 15; males over 15 debauching males under 15; ravishing or abusing female patient in mental institution; and carnal knowledge of female ward by guardian.


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750.343 Repealed. 1957, Act 265, Imd. Eff. June 13, 1957.


Compiler's Notes: The repealed section prohibited distribution of obscene literature.


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750.343a-750.343d Repealed. 1984, Act 343, Eff. Mar. 29, 1985.


Compiler's Notes: The repealed sections pertained to obscene, sadistic, or masochistic literature.


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750.343e Repealed. 1978, Act 33, Eff. June 1, 1978.


Compiler's Notes: The repealed section pertained to obscene publications, pictures, or recordings.


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750.344-750.346 Repealed. 1984, Act 343, Eff. Mar. 29, 1985.


Compiler's Notes: The repealed sections pertained to publication of criminal news and accounts of lust, and to distribution of obscene literature by minors, penalties, and search warrants.


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750.347 Disabled or disfigured human being; exposure or exhibition; violation as misdemeanor; penalty.

Sec. 347.

A physician or other person who exposes or exhibits any human being who is disabled or disfigured, except as used for scientific purposes before members of the medical profession or medical classes, is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.347 ;-- Am. 2015, Act 214, Eff. Mar. 14, 2016
Former Law: See sections 1 to 3 of Act 103 of 1903, being CL 1915, §§ 15518 to 15520; and CL 1929, §§ 16890 to 16892.


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Chapter XLIX
INDIANS


750.348 Repealed. 2002, Act 260, Imd. Eff. May 1, 2002.


Compiler's Notes: The repealed section pertained to inciting Indians.


© 2017 Legislative Council, State of Michigan
Chapter L
KIDNAPING


750.349 Kidnapping; "restrain" defined; violation as felony; penalty; other violation arising from same transaction.

Sec. 349.

(1) A person commits the crime of kidnapping if he or she knowingly restrains another person with the intent to do 1 or more of the following:

(a) Hold that person for ransom or reward.

(b) Use that person as a shield or hostage.

(c) Engage in criminal sexual penetration or criminal sexual contact prohibited under chapter LXXVI with that person.

(d) Take that person outside of this state.

(e) Hold that person in involuntary servitude.

(f) Engage in child sexually abusive activity, as that term is defined in section 145c, with that person, if that person is a minor.

(2) As used in this section, "restrain" means to restrict a person's movements or to confine the person so as to interfere with that person's liberty without that person's consent or without legal authority. The restraint does not have to exist for any particular length of time and may be related or incidental to the commission of other criminal acts.

(3) A person who commits the crime of kidnapping is guilty of a felony punishable by imprisonment for life or any term of years or a fine of not more than $50,000.00, or both.

(4) This section does not prohibit the person from being charged with, convicted of, or sentenced for any other violation of law arising from the same transaction as the violation of this section.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.349 ;-- Am. 2006, Act 159, Eff. Aug. 24, 2006 ;-- Am. 2014, Act 330, Eff. Jan. 14, 2015
Former Law: See sections 25 and 26 of Ch. 153 of R.S. 1846, being CL 1857, §§ 5735 and 5736; CL 1871, §§ 7534 and 7535; How., §§ 9099 and 9100; CL 1897, §§ 11494 and 11495; CL 1915, §§ 15216 and 15217; CL 1929, §§ 16732 and 16733; Act 189 of 1859; Act 191 of 1875; and Act 135 of 1889.


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750.349a Prisoner taking person as hostage.

Sec. 349a.

A person imprisoned in any penal or correctional institution located in this state who takes, holds, carries away, decoys, entices away or secretes another person as a hostage by means of threats, coercion, intimidation or physical force is guilty of a felony and shall be imprisoned in the state prison for life, or any term of years, which shall be served as a consecutive sentence.


History: Add. 1972, Act 316, Imd. Eff. Jan. 2, 1973


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750.349b Unlawful imprisonment; circumstances; violation as felony; penalty; definitions; other violation.

Sec. 349b.

(1) A person commits the crime of unlawful imprisonment if he or she knowingly restrains another person under any of the following circumstances:

(a) The person is restrained by means of a weapon or dangerous instrument.

(b) The restrained person was secretly confined.

(c) The person was restrained to facilitate the commission of another felony or to facilitate flight after commission of another felony.

(2) A person who commits unlawful imprisonment is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $20,000.00, or both.

(3) As used in this section:

(a) "Restrain" means to forcibly restrict a person's movements or to forcibly confine the person so as to interfere with that person's liberty without that person's consent or without lawful authority. The restraint does not have to exist for any particular length of time and may be related or incidental to the commission of other criminal acts.

(b) "Secretly confined" means either of the following:

(i) To keep the confinement of the restrained person a secret.

(ii) To keep the location of the restrained person a secret.

(4) This section does not prohibit the person from being charged with, convicted of, or sentenced for any other violation of law that is committed by that person while violating this section.


History: Add. 2006, Act 160, Eff. Aug. 24, 2006


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750.350 Leading, taking, carrying away, decoying, or enticing away child under 14; intent; violation as felony; penalty; adoptive or natural parent.

Sec. 350.

(1) A person shall not maliciously, forcibly, or fraudulently lead, take, carry away, decoy, or entice away, any child under the age of 14 years, with the intent to detain or conceal the child from the child's parent or legal guardian, or from the person or persons who have adopted the child, or from any other person having the lawful charge of the child. A person who violates this section is guilty of a felony, punishable by imprisonment for life or any term of years.

(2) An adoptive or natural parent of the child shall not be charged with and convicted for a violation of this section.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.350 ;-- Am. 1983, Act 138, Eff. Dec. 1, 1983
Former Law: See section 30 of Ch. 153 of R.S. 1846, being CL 1857, § 5740; CL 1871, § 7539; How., § 9104; CL 1897, § 11499; CL 1915, § 15221; CL 1929, § 16737; Act 195 of 1885; and Act 95 of 1929.


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750.350a Taking or retaining child by adoptive or natural parent; intent; violation as felony; penalty; restitution for financial expense; effect of pleading or being found guilty; probation; discharge and dismissal; court proceedings open to public; retention of nonpublic record by department of state police; defense.

Sec. 350a.

(1) An adoptive or natural parent of a child shall not take that child, or retain that child for more than 24 hours, with the intent to detain or conceal the child from any other parent or legal guardian of the child who has custody or parenting time rights under a lawful court order at the time of the taking or retention, or from the person or persons who have adopted the child, or from any other person having lawful charge of the child at the time of the taking or retention.

(2) A parent who violates subsection (1) is guilty of a felony, punishable by imprisonment for not more than 1 year and 1 day, or a fine of not more than $2,000.00, or both.

(3) A parent who violates this section, upon conviction, in addition to any other punishment, may be ordered to make restitution to the other parent, legal guardian, the person or persons who have adopted the child, or any other person having lawful charge of the child for any financial expense incurred as a result of attempting to locate and having the child returned.

(4) When a parent who has not been convicted previously of a violation of section 349, 350, or this section, or under any statute of the United States or of any state related to kidnapping, pleads guilty to, or is found guilty of, a violation of this section, the court, without entering a judgment of guilt and with the consent of the accused parent, may defer further proceedings and place the accused parent on probation with lawful terms and conditions. The terms and conditions of probation may include participation in a drug treatment court under chapter 10A of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1084. Upon a violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions of probation, the court shall discharge from probation and dismiss the proceedings against the parent. Discharge and dismissal under this subsection shall be without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including any additional penalties imposed for second or subsequent convictions. There may be only 1 discharge and dismissal under this section as to an individual.

(5) All court proceedings under this section shall be open to the public. Except as provided in subsection (6), if the record of proceedings as to the defendant is deferred under this section, the record of proceedings during the period of deferral shall be closed to public inspection.

(6) Unless the court enters a judgment of guilt under this section, the department of state police shall retain a nonpublic record of the arrest, court proceedings, and disposition of the criminal charge under this section. However, the nonpublic record shall be open to the following individuals and entities for the purposes noted:

(a) The courts of this state, law enforcement personnel, the department of corrections, and prosecuting attorneys for use only in the performance of their duties or to determine whether an employee of the court, law enforcement agency, department of corrections, or prosecutor's office has violated his or her conditions of employment or whether an applicant meets criteria for employment with the court, law enforcement agency, department of corrections, or prosecutor's office.

(b) The courts of this state, law enforcement personnel, and prosecuting attorneys for the purpose of showing either of the following:

(i) That a defendant has already once availed himself or herself of this section.

(ii) Determining whether the defendant in a criminal action is eligible for discharge and dismissal of proceedings by a drug treatment court under section 1076(5) of the revised judicature act of 1961, 1961 PA 236, MCL 600.1076.

(c) The department of human services for enforcing child protection laws and vulnerable adult protection laws or ascertaining the preemployment criminal history of any individual who will be engaged in the enforcement of child protection laws or vulnerable adult protection laws.

(7) It is a complete defense under this section if a parent proves that his or her actions were taken for the purpose of protecting the child from an immediate and actual threat of physical or mental harm, abuse, or neglect.


History: Add. 1983, Act 138, Eff. Dec. 1, 1983 ;-- Am. 1984, Act 75, Imd. Eff. Apr. 18, 1984 ;-- Am. 1986, Act 193, Eff. Mar. 31, 1987 ;-- Am. 1996, Act 14, Eff. June 1, 1996 ;-- Am. 2004, Act 223, Eff. Jan. 1, 2005 ;-- Am. 2012, Act 548, Eff. Apr. 1, 2013 ;-- Am. 2013, Act 220, Eff. Jan. 1, 2014


© 2017 Legislative Council, State of Michigan
Chapter LI
LABORERS, MECHANICS, EMPLOYEES AND WORKERS


750.351 Consideration for employment.

Sec. 351.

Receiving remuneration, etc., from employe in consideration of employment—Any employer or agent or representative of an employer or other person having authority from his employer to hire, employ, or direct the services of other persons in the employment of said employer, who shall demand or receive directly or indirectly from any person when in the employment of said employer, any fee, gift or other remuneration or consideration, or any part or portion of any tips or gratuities received by such employe while in the employment of said employer, in consideration or as a condition of such employment or hiring or employing any person to perform such services for such employer or of permitting said person to continue in such employment is guilty of a misdemeanor.

Nothing contained in this section shall be construed to apply to employment agencies or employment agents licensed and operating under the laws of this state.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.351
Former Law: See sections 1 and 2 of Act 322 of 1919, being CL 1929, §§ 8520 and 8521.


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750.352 Molesting and disturbing persons in pursuit of occupation, vocation or avocation.

Sec. 352.

Any person or persons who shall, by threats, intimidations, or otherwise, and without authority of law, interfere with, or in any way molest, or attempt to interfere with, or in any way molest or disturb, without such authority, any person, in the quiet and peaceable pursuit of his lawful occupation, vocation or avocation, or on the way to and from such occupation, vocation or avocation, or who shall aid or abet in any such unlawful acts, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1947, Act 297, Eff. Oct. 11, 1947 ;-- CL 1948, 750.352
Former Law: See section 1 of Act 163 of 1867, being CL 1871, § 7690; How., § 9273; CL 1897, § 11343; CL 1915, § 15010; and CL 1929, § 8612.


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750.353 Contributions to charitable purposes, deduction from wages.

Sec. 353.

Contributions by laborers, etc., to charitable purposes and deductions from wages—Any employer of labor, who, by himself, his agent, clerk or servant, shall require any employe, or person seeking employment, as a condition of such employment or continuance therein, to make and enter into any contract, oral or written, whereby such employe or applicant for employment shall agree to contribute directly or indirectly to any fund for charitable, social or beneficial purpose or purposes, shall be guilty of a misdemeanor.

Any such employer, who, by himself, his agent, clerk or servant, shall deduct from the wages of any employe, directly or indirectly, any part thereof without the full and free consent of such employe, obtained without intimidation or fear of discharge for refusal to permit such deduction, shall be guilty of a misdemeanor.

If the employer be a firm or corporation, each and every member of said firm, and each and every managing officer of the corporation, shall be liable to punishment under this section; and any clerk, servant or agent of any such employer who shall do or attempt to do any act forbidden by this section, shall be equally liable with his employer or employers as principal, for any such violation of this section.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.353
Former Law: See sections 1 to 4 of Act 192 of 1893, being CL 1897, §§ 11400 to 11403; CL 1915, §§ 15118 to 15121; and CL 1929, §§ 8513 to 8516.


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750.353a Employee welfare plan, failure of employer to contribute as promised.

Sec. 353a.

Any employer who promises in writing to make payments to an employee welfare plan, vacation plan, health plan, dental plan, insurance plan, supplemental unemployment benefit plan, profit sharing plan, pension plan or any employee welfare plan, either by contract with an individual employee, by a collective bargaining agreement or by agreement with such employee plan, and who fails to make such payments within 3 weeks after they become due and payable, shall be guilty of a misdemeanor. This section shall not apply where the failure to make payments is prevented by act of God, proceedings in bankruptcy, orders or processes of any court of competent jurisdiction or circumstances over which the employer has no control. Conviction for violation of this section does not relieve the employer of liability for moneys under such agreement or contract.


History: Add. 1960, Act 15, Eff. Aug. 17, 1960 ;-- Am. 1966, Act 45, Eff. Mar. 10, 1967


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750.354 Insurance with particular company.

Sec. 354.

(1) A person doing business in this state or for any of the agents of such person shall not require any of the employees of the person to take out or obtain a life, accident, or life and accident policy in favor of the employee or other person in any particular or designated life, accident, or life and accident company or association.

All contracts hereinafter made between any person and any employee of the person requiring or stipulating that the employee so contracting shall procure, obtain, or have a policy of insurance in any particular or designated company or association are void.

(2) Subsection (1) does not proscribe the employers of labor and the persons employed from voluntarily making agreements with each other for contributions of money by the latter to any fund to be accumulated in their behalf and for their benefit in common with others, and in such case from further agreeing that the employer may deduct from their wages, from time to time, the sums due from them under such agreement.

(3) Any person who violates the provisions of this section is guilty of a misdemeanor, and where such person is a company or corporation, it shall be punished by a fine of not more than $200.00 for each and every offense, and any shareholder, officer, or agent of any such company or corporation violating the provisions of this section shall be punished by imprisonment for not more than 90 days or a fine of not more than $500.00 for each offense.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.354 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See sections 1 to 3 of Act 209 of 1895, being CL 1897, §§ 8584 to 8586; CL 1915, §§ 11357 to 11359; and CL 1929, §§ 8517 to 8519.


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750.354a Unlawful to compel certain employees to pay cost of medical examination, photographing or fingerprinting; penalty.

Sec. 354a.

It shall be unlawful for any employer in the state of Michigan to compel newly hired employees or employees reporting back to work after a furlough or leave of absence to pay the cost of a medical examination or to pay for being photographed and finger printed, when requested by the employer.

Any employer operating in the state of Michigan violating the provisions of this act shall be liable to a penalty of not more than $100.00 for each and every violation. It shall be the duty of the commissioner of labor to enforce this act.


History: Add. 1947, Act 196, Eff. Oct. 11, 1947 ;-- CL 1948, 750.354a ;-- Am. 1949, Act 13, Eff. Sept. 23, 1949


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750.355 Temporary water closets.

Sec. 355.

Temporary waterclosets for workmen in buildings in course of construction—Any architect who shall refuse, fail or neglect to insert a clause in the specifications for all buildings providing for suitable temporary water closets for the use of workmen employed on such buildings while in the course of erection, unless closets are already maintained on such premises; and any contractor or person erecting such building who shall refuse, fail or neglect to erect such closet within the first week after commencing work thereon, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.355
Former Law: See sections 1 and 2 of Act 205 of 1899, being CL 1915, §§ 5578 and 5579; and CL 1929, §§ 6677 and 6678.


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750.355a Consideration for employing or not discharging.

Sec. 355a.

Any person who is in the employment of any other person and whose duties in whole or in part consist of the engaging of the services of persons for employment by his employer and/or who has authority to discharge persons in the employment of his employer and who accepts from such person or any other person, any money, gift or anything of value as a part of the consideration for securing such employment or who shall make the purchase of any article of value from any person obligatory on the part of such person seeking employment, or forces an employee to purchase or contract for the purchase of goods, wares or merchandise from any person, as a whole or part consideration for not ordering the discharge of such person shall be deemed guilty of a misdemeanor.


History: Add. 1939, Act 223, Eff. Sept. 29, 1939 ;-- CL 1948, 750.355a


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Chapter LII
LARCENY


750.356 Larceny; property; penalties; total value of property stolen; enhanced sentence; prior convictions; "scrap metal" defined.

Sec. 356.

(1) A person who commits larceny by stealing any of the following property of another person is guilty of a crime as provided in this section:

(a) Money, goods, or chattels.

(b) A bank note, bank bill, bond, promissory note, due bill, bill of exchange or other bill, draft, order, or certificate.

(c) A book of accounts for or concerning money or goods due, to become due, or to be delivered.

(d) A deed or writing containing a conveyance of land or other valuable contract in force.

(e) A receipt, release, or defeasance.

(f) A writ, process, or public record.

(g) Scrap metal.

(2) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine:

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

(b) The person violates subsection (3)(a) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (4)(b) or (5).

(3) 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 property stolen, whichever is greater, or both imprisonment and a fine:

(a) The property stolen has a value of $1,000.00 or more but less than $20,000.00.

(b) The person violates subsection (4)(a) and has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (4)(b) or (5).

(4) 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 property stolen, whichever is greater, or both imprisonment and a fine:

(a) The property stolen has a value of $200.00 or more but less than $1,000.00.

(b) The person violates subsection (5) and has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section.

(5) If the property stolen has a value of 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 property stolen, whichever is greater, or both imprisonment and a fine.

(6) If the property stolen is scrap metal, then, as used in this section, "the value of the property stolen" means the greatest of the following:

(a) The replacement cost of the stolen scrap metal.

(b) The cost of repairing the damage caused by the larceny of the scrap metal.

(c) The sum of subdivisions (a) and (b).

(7) The values of property stolen 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 property stolen.

(8) 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.

(9) 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.

(10) As used in this section, "scrap metal" means that term as defined in section 3 of the scrap metal regulatory act, 2008 PA 429, MCL 445.423.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.356 ;-- Am. 1957, Act 69, Eff. Sept. 27, 1957 ;-- Am. 1998, Act 311, Eff. Jan. 1, 1999 ;-- Am. 2008, Act 431, Eff. Apr. 1, 2009 ;-- Am. 2013, Act 217, Eff. Apr. 10, 2014
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).
Former Law: See section 18 of Ch. 154 of R.S. 1846, being CL 1857, § 5762; CL 1871, § 7569; How., § 9140; CL 1897, § 11553; CL 1915, § 15298; CL 1929, § 16899; Act 242 of 1879; and Act 222 of 1929.


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750.356a Larceny; motor vehicles or trailers; aggregate value; prior convictions; breaking or entering; damaging.

Sec. 356a.

(1) A person who commits larceny by stealing or unlawfully removing or taking any wheel, tire, air bag, catalytic converter, radio, stereo, clock, telephone, computer, or other electronic device in or on any motor vehicle, house trailer, trailer, or semitrailer 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 both.

(2) Except as provided in subsection (3), a person who enters or breaks into a motor vehicle, house trailer, trailer, or semitrailer to steal or unlawfully remove property from it is guilty of a crime as follows:

(a) If the value of the 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 property, 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 property, whichever is greater, or both imprisonment and a fine:

(i) The value of the 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 an offense under this section or a local ordinance substantially corresponding to 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 property, whichever is greater, or both imprisonment and a fine:

(i) The value of the 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 10 years or a fine of not more than $15,000.00 or 3 times the value of the property, 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 an offense under 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).

(3) A person who violates subsection (2)(a) or (b) and who breaks, tears, cuts, or otherwise damages any part of the motor vehicle, house trailer, trailer, or semitrailer 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 both, regardless of the value of the property.

(4) The values of property stolen or unlawfully removed 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 property stolen or unlawfully removed.

(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.

(e) A copy of a court register of actions.

(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 under 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.


History: Add. 1937, Act 194, Imd. Eff. July 14, 1937 ;-- Am. 1939, Act 254, Eff. Sept. 29, 1939 ;-- Am. 1947, Act 124, Eff. Oct. 11, 1947 ;-- CL 1948, 750.356a ;-- Am. 1998, Act 311, Eff. Jan. 1, 1999 ;-- Am. 2008, Act 475, Eff. Apr. 1, 2009 ;-- Am. 2008, Act 476, Eff. Apr. 1, 2009


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750.356b Breaking and entering coin operated telephone, penalty.

Sec. 356b.

Any person who breaks or enters into any coin operated telephone or a coin device attached to or an integral part thereof for the purpose of stealing or unlawfully removing therefrom any money, regardless of the value thereof, if in so doing such person breaks, tears, cuts or otherwise damages any part of the telephone or any coin device attached to or an integral part thereof, is guilty of a felony.


History: Add. 1961, Act 81, Eff. Sept. 8, 1961 ;-- Am. 1969, Act 254, Eff. Mar. 20, 1970


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750.356c Retail fraud in first degree.

Sec. 356c.

(1) A person who does any of the following in a store or in its immediate vicinity is guilty of retail fraud in the first degree, 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 difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine:

(a) While a store is open to the public, alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price at which property is offered for sale, with the intent not to pay for the property or to pay less than the price at which the property is offered for sale, if the resulting difference in price is $1,000.00 or more.

(b) While a store is open to the public, steals property of the store that is offered for sale at a price of $1,000.00 or more.

(c) With intent to defraud, obtains or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store, if the amount of money or the value of the property obtained or attempted to be obtained is $1,000.00 or more.

(2) A person who violates section 356d(1) and who has 1 or more prior convictions for committing or attempting to commit an offense under this section or section 218, 356, 356d(1), or 360 is guilty of retail fraud in the first degree. For purposes of this subsection, however, a prior conviction does not include a conviction for a violation or attempted violation of section 218(2) or (3)(b) or section 356(4)(b) or (5).

(3) The values of the difference in price, property stolen, or money or property obtained or attempted to be obtained in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value involved in the offense under this section.

(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) A person who commits retail fraud in the first degree shall not be prosecuted under section 218(5) or 356(2).

(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.


History: Add. 1988, Act 20, Eff. June 1, 1988 ;-- Am. 1998, Act 311, Eff. Jan. 1, 1999


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750.356d Retail fraud in second or third degree.

Sec. 356d.

(1) A person who does any of the following in a store or in its immediate vicinity is guilty of retail fraud in the second degree, 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 difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine:

(a) While a store is open to the public, alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price at which property is offered for sale with the intent not to pay for the property or to pay less than the price at which the property is offered for sale if the resulting difference in price is $200.00 or more but less than $1,000.00.

(b) While a store is open to the public, steals property of the store that is offered for sale at a price of $200.00 or more but less than $1,000.00.

(c) With intent to defraud, obtains or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store if the amount of money or the value of the property obtained or attempted to be obtained is $200.00 or more but less than $1,000.00.

(2) A person who violates subsection (4) and who has 1 or more prior convictions for committing or attempting to commit an offense under this section, section 218, 356, 356c, or 360, or a local ordinance substantially corresponding to this section or section 218, 356, 356c, or 360 is guilty of retail fraud in the second degree.

(3) A person who commits retail fraud in the second degree shall not be prosecuted under section 360.

(4) A person who does any of the following in a store or in its immediate vicinity is guilty of retail fraud in the third degree, 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 difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine:

(a) While a store is open to the public, alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price at which property is offered for sale, with the intent not to pay for the property or to pay less than the price at which the property is offered for sale, if the resulting difference in price is less than $200.00.

(b) While a store is open to the public, steals property of the store that is offered for sale at a price of less than $200.00.

(c) With intent to defraud, obtains or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store, if the amount of money, or the value of the property, obtained or attempted to be obtained is less than $200.00.

(5) A person who commits retail fraud in the third degree shall not be prosecuted under section 360.

(6) The values of the difference in price, property stolen, or money or property obtained or attempted to be obtained in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value involved in the offense under this section.

(7) 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.


History: Add. 1988, Act 20, Eff. June 1, 1988 ;-- Am. 1998, Act 311, Eff. Jan. 1, 1999


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750.357 Larceny from the person.

Sec. 357.

Larceny from the person—Any person who shall commit the offense of larceny by stealing from the person of another shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.357
Former Law: See section 17 of Ch. 154 of R.S. 1846, being CL 1857, § 5761; CL 1871, § 7568; How., § 9139; CL 1897, § 11552; CL 1915, § 15297; and CL 1929, § 16898.


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750.357a Larceny of livestock.

Sec. 357a.

Larceny of livestock—Any person who shall commit the offense of larceny by stealing the livestock of another shall be guilty of a felony.

The term “livestock” shall apply to horses, stallions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennets, burros, goats, kids and swine.


History: Add. 1943, Act 171, Eff. July 30, 1943 ;-- CL 1948, 750.357a


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750.357b Committing larceny by stealing firearm of another person as felony; penalty.

Sec. 357b.

A person who commits larceny by stealing the firearm of another person is guilty of a felony, punishable by imprisonment for not more than 5 years or by a fine of not more than $2,500.00, or both.


History: Add. 1990, Act 321, Eff. Mar. 28, 1991


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750.358 Larceny at a fire.

Sec. 358.

Larceny at a fire—Any person who shall commit the offense of larceny by stealing in any building that is on fire, or by stealing any property removed in consequence of alarm caused by fire, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 5 years or by a fine of not more than 2,500 dollars.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.358
Former Law: See section 16 of Ch. 154 of R.S. 1846, being CL 1857, § 5760; CL 1871, § 7567; How., § 9138; CL 1897, § 11551; CL 1915, § 15296; and CL 1929, § 16897.


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750.359 Larceny from vacant dwelling.

Sec. 359.

Any person or persons who shall steal or unlawfully remove or in any manner damage any fixture, attachment, or other property belonging to, connected with, or used in the construction of any vacant structure or building, whether built or in the process of construction or who shall break into any vacant structure or building with the intention of unlawfully removing, taking therefrom, or in any manner damaging any fixture, attachment, or other property belonging to, connected with, or used in the construction of such vacant structure or building whether built or in the process of construction, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.359 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 1 of Act 99 of 1929, being CL 1929, § 16956.


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750.360 Larceny; places of abode, work, storage, conveyance, worship and other places.

Sec. 360.

Any person who shall commit the crime of larceny by stealing in any dwelling house, house trailer, office, store, gasoline service station, shop, warehouse, mill, factory, hotel, school, barn, granary, ship, boat, vessel, church, house of worship, locker room or any building used by the public shall be guilty of a felony.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1947, Act 190, Eff. Oct. 11, 1947 ;-- CL 1948, 750.360
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).
Former Law: See section 1 of Act 179 of 1929, being CL 1929, § 16959.


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750.360a Electronic or magnetic theft detection; shielding merchandise prohibited; violation as crime.

Sec. 360a.

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

(a) Possess a laminated or coated bag or device that is intended to shield merchandise from detection by an electronic or magnetic theft detection device with the intent to commit or attempt to commit larceny.

(b) Manufacture, sell, offer for sale, or distribute, or attempt to manufacture, sell, offer for sale, or distribute, a laminated or coated bag or device that is intended to shield merchandise from detection by an electronic or magnetic theft detection device knowing or reasonably believing that the bag or device will be used to commit or attempt to commit larceny.

(c) Possess a tool or device designed to allow the deactivation or removal of a theft detection device from any merchandise with the intent to use the tool or device to deactivate a theft detection device on, or to remove a theft detection device from, any merchandise without the permission of the merchant or person owning or lawfully holding that merchandise with the intent to commit or attempt to commit larceny.

(d) Manufacture, sell, offer for sale, or distribute a tool or device designed to allow the deactivation or removal of a theft detection device from any merchandise without the permission of the merchant or person owning or lawfully holding that merchandise knowing or reasonably believing that the tool or device will be used to commit or attempt to commit larceny.

(e) Deactivate a theft detection device or remove a theft detection device from any merchandise in a retail establishment prior to purchasing the merchandise with the intent to commit or attempt to commit a larceny.

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

(a) Except as provided in subdivision (b), a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

(b) If the person has a prior conviction for violating subsection (1), a felony punishable by imprisonment for not more than 4 years or a fine of not more than $4,000.00, or both.


History: Add. 2002, Act 101, Eff. July 1, 2002


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750.361 Larceny or maliciously removing journal bearings or brasses.

Sec. 361.

Larceny or maliciously removing journal bearings or brasses—Any person who shall steal or maliciously remove, take, change, add to, take from or in any manner interfere with any journal bearings or brasses or any parts or attachments of any locomotive, tender or car, or any fixture or attachment belonging to, connecting with or used by any railway, railroad or transportation company in this state shall be guilty of a misdemeanor, punishable by imprisonment in the state prison for not less than 1 year nor more than 2 years: Provided, That if the stealing or removal of such journal bearings or brasses, or any parts or attachments of any locomotive, tender or car, or any fixture or attachment belonging to, connected with, or used on any locomotive, tender or car as aforesaid shall be the cause of wrecking any train, locomotive or other car in this state, whereby the life of any person or persons shall be lost as a result of the felonious or malicious stealing, nothing in this section shall be construed as preventing prosecution for such crime.

Possession of any journal bearings or brasses or any parts or attachments of any locomotive, tender or car, or any fixture or attachment belonging to, connected with, or used in operating any locomotive, tender or car owned, leased or used by any railroad, railway or transportation company in this state, without the authority of the railroad company owning or leasing the same, shall be prima facie evidence that the same has been stolen or maliciously taken or removed by the person in whose possession the same is found or proved to have been.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.361
Former Law: See sections 1 and 2 of Act 333 of 1917, being CL 1929, §§ 17039 and 17040.


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750.362 Larceny by conversion.

Sec. 362.

Larceny by conversion, etc.—Any person to whom any money, goods or other property, which may be the subject of larceny, shall have been delivered, who shall embezzle or fraudulently convert to his own use, or shall secrete with the intent to embezzle, or fraudulently use such goods, money or other property, or any part thereof, shall be deemed by so doing to have committed the crime of larceny and shall be punished as provided in the first section of this chapter.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.362
Former Law: See section 34 of Ch. 154 of R.S. 1846, being CL 1857, § 5778; CL 1871, § 7585; How., § 9156; CL 1897, § 11570; CL 1915, § 15315; CL 1929, § 16911; and Act 168 of 1875.


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750.362a Larceny; rented motor vehicle, trailer or other tangible property; penalty.

Sec. 362a.

(1) A person to whom a motor vehicle, trailer, or other tangible property is delivered on a rental or lease basis under a written agreement providing for its return to a particular place at a particular time who with intent to defraud the lessor refuses or willfully neglects to return the vehicle, trailer, or other tangible property after expiration of the time stated in a written notice mailed by registered or certified mail addressed to that person's last known address is guilty of larceny, punishable as provided in this section.

(2) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the value of the vehicle, trailer, or other tangible property, whichever is greater, or both imprisonment and a fine:

(a) The vehicle, trailer, or other tangible property has a value of $20,000.00 or more.

(b) The person violates subsection (3)(a) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (4)(b) or (5).

(3) 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 vehicle, trailer, or other tangible property, whichever is greater, or both imprisonment and a fine:

(a) The vehicle, trailer, or other tangible property has a value of $1,000.00 or more but less than $20,000.00.

(b) The person violates subsection (4)(a) and has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (4)(b) or (5).

(4) 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 vehicle, trailer, or other tangible property, whichever is greater, or both imprisonment and a fine:

(a) The vehicle, trailer, or other tangible property has a value of $200.00 or more but less than $1,000.00.

(b) The person violates subsection (5) and has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section.

(5) If the vehicle, trailer, or other tangible property has a value of 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 vehicle, trailer, or other tangible property, whichever is greater, or both imprisonment and a fine.

(6) The values of property not returned 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 property not returned.

(7) 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.

(8) 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.


History: Add. 1964, Act 241, Eff. Aug. 28, 1964 ;-- Am. 1966, Act 297, Eff. Mar. 10, 1967 ;-- Am. 1998, Act 311, Eff. Jan. 1, 1999


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750.363 Larceny by false personation.

Sec. 363.

Larceny by false personation—Any person who shall falsely personate or represent another, and in such assumed character shall receive any money, or other property whatever, intended to be delivered to the party so personated, with intent to convert the same to his own use, shall be deemed by so doing, to have committed the crime of larceny, and shall be punished as provided in the first section of this chapter.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.363
Former Law: See section 38 of Ch. 154 of R.S. 1846, being CL 1857, § 5782; CL 1871, § 7589; How., § 9160; CL 1897, § 11574; CL 1915, § 15319; and CL 1929, § 16915.


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750.364 Larceny from libraries.

Sec. 364.

Larceny from libraries—Any person who shall procure, or take in any way from any public library or the library of any literary, scientific, historical or library society or association, whether incorporated or unincorporated, any book, pamphlet, map, chart, painting, picture, photograph, periodical, newspaper, magazine, manuscript or exhibit or any part thereof, with intent to convert the same to his own use, or with intent to defraud the owner thereof, or who having procured or taken any such book, pamphlet, map, chart, painting, picture, photograph, periodical, newspaper, magazine, manuscript or exhibit or any part thereof, shall thereafter convert the same to his own use or fraudulently deprive the owner thereof, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.364
Former Law: See section 2 of Act 3 of 1881, being How., § 9211; CL 1897, § 11641; CL 1915, § 15407; CL 1929, § 17020; and Act 58 of 1911.


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750.365 Larceny from car or persons detained or injured by accident.

Sec. 365.

Larceny from car or persons detained or injured by accident—Any person who shall steal from any car, while detained by accident or injury to any railroad, locomotive, tender or car, or who shall steal the property of, or rob any person detained, injured or killed by reason of any accident or injury to any such railroad, locomotive, tender or car, shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 20 years or by a fine of not more than 10,000 dollars.

At the trial of any case arising under this section, it shall be sufficient prima facie proof of the existence of any railroad company named in the indictment to show that such company was doing business as a railroad company at the time named in the indictment.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.365
Former Law: See section 2 of Act 164 of 1869, being CL 1871, § 7620; How., § 9201; CL 1897, § 11624; CL 1915, § 15389; CL 1929, § 17025; section 10 of Act 164 of 1869, being How., § 9209; CL 1897, § 11632; CL 1915, § 15397; CL 1929, § 17033; and Act 146 of 1881.


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750.366 Repealed. 2002, Act 295, Imd. Eff. May 9, 2002.


Compiler's Notes: The repealed section pertained to larceny involving railroad passenger tickets.


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750.367 Taking or injuring trees, shrubs, vines, plants.

Sec. 367.

Taking or injuring fruit, shade, ornamental trees, shrubs, vines, etc.—Any person who shall wrongfully take and carry away from any place any fruit tree, ornamental tree, shade tree, ornamental shrub, or any plant, vine, bush, or vegetable there growing, standing or being, with intent to deprive the owner thereof, or who shall without right and with wrongful intent, detach from the ground or injure any fruit tree, ornamental tree, shade tree, ornamental shrub, or any plant, vine, bush, vegetable or produce shall be deemed by so doing to have committed the crime of larceny and shall be punished as provided in the first section of this chapter.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.367
Former Law: See section 1 of Act 174 of 1855, being CL 1857, § 5801; CL 1871, § 7610; How., § 9194; CL 1897, § 11647; CL 1915, § 15416; CL 1929, § 17003; and Act 202 of 1875.


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750.367a Larceny of rationed goods, wares and merchandise.

Sec. 367a.

Larceny of rationed goods, wares or merchandise—Any person who shall steal any goods, wares, or merchandise, the manufacture, distribution, sale or use of which is restricted or rationed by the federal government, or any of its agencies or instrumentalities, during a state of war between the United States and any other country or nation, shall be guilty of the applicable crime or crimes set forth in Act No. 328 of the Public Acts of 1931, as amended, and upon conviction thereof shall be punished by not to exceed double the fines and imprisonment therein provided. Any prosecution hereunder shall be in circuit court or in a court having similar criminal jurisdiction. The term “steal” as used in this section shall be construed to include the obtaining of any such property or the possession thereof in any manner or by any means defined, or the penalty for which is prescribed, by any section of chapters 31, 36, 52 or 61, or section 280 of chapter 43 of Act No. 328 of the Public Acts of 1931 as amended.


History: Add. 1942, 1st Ex. Sess., Act 5, Imd. Eff. Jan. 28, 1942 ;-- CL 1948, 750.367a
Compiler's Notes: For provisions of Act 328 of 1931, referred to in this section, see MCL 750.1 et seq.


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750.367b Taking possession of and use of airplane.

Sec. 367b.

Taking possession of and use of an airplane—Any person who shall, wilfully and without authority, take possession of or use an airplane, and any person who shall assist in or be a party to such taking possession of or use of an airplane, belonging to another, shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 5 years.


History: Add. 1942, 2nd Ex. Sess., Act 11, Imd. Eff. Feb. 25, 1942 ;-- CL 1948, 750.367b


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750.367c Theft of motor vehicle fuel.

Sec. 367c.

The secretary of state shall suspend the operator's or chauffeur's license of a person convicted of an offense or attempted offense under this chapter involving the theft of motor vehicle fuel that occurred by pumping the fuel into a motor vehicle, as provided in section 319 of the Michigan vehicle code, 1949 PA 300, MCL 257.319.


History: Add. 1982, Act 63, Eff. Mar. 30, 1983 ;-- Am. 1998, Act 344, Eff. Oct. 1, 1999


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Chapter LIII
LEGAL PROCESS


750.368 Simulating legal process.

Sec. 368.

(1) A person or agent of a person shall not by personal service, mail, or otherwise serve or cause to be served upon a debtor a notice or demand of payment of money on behalf of a creditor that is not authorized by a statute or court of this state and that simulates in form and substance legal process issued out of a court of this state.

(2) A person shall not prepare, issue, serve, execute, or otherwise act to further the operation of any unauthorized process.

(3) Except as provided in subsection (4) or (5), a person who violates this section 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.

(4) A person who violates subsection (2) after a prior conviction for violating this section 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.

(5) A person who violates subsection (2) after 2 or more prior convictions for violating this section is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

(6) This section does not apply to a lien authorized under a statute of this state.

(7) This section does not prohibit a person from being charged with, convicted of, or sentenced for any other violation of law that individual commits while violating this section.

(8) This section does not prohibit individuals from assembling lawfully or lawful free expression of opinions or designation of group affiliation or association.

(9) As used in this section:

(a) “Lawful tribunal” means a tribunal created, established, authorized, or sanctioned by law or a tribunal of a private organization, association, or entity to the extent that the organization, association, or entity seeks in a lawful manner to affect only the rights or property of persons who are members or associates of that organization, association, or entity.

(b) “Legal process” means a summons, complaint, pleading, writ, warrant, injunction, notice, subpoena, lien, order, or other document issued or entered by or on behalf of a court or lawful tribunal or lawfully filed with or recorded by a governmental agency that is used as a means of exercising or acquiring jurisdiction over a person or property, to assert or give notice of a legal claim against a person or property, or to direct persons to take or refrain from an action.

(c) “Public employee” means an employee of this state, an employee of a city, village, township, or county of this state, or an employee of a department, board, agency, institution, commission, authority, division, council, college, university, court, school district, intermediate school district, special district, or other public entity of this state or of a city, village, township, or county in this state, but does not include a person whose employment results from election or appointment.

(d) “Public officer” means a person who is elected or appointed to any of the following:

(i) An office established by the state constitution of 1963.

(ii) A public office of a city, village, township, or county in this state.

(iii) A department, board, agency, institution, commission, court, authority, division, council, college, university, school district, intermediate school district, special district, or other public entity of this state or a city, village, township, or county in this state.

(e) “Unauthorized process” means either of the following:

(i) A document simulating legal process that is prepared or issued by or on behalf of an entity that purports or represents itself to be a lawful tribunal or a court, public officer, or other agency created, established, authorized, or sanctioned by law but that is not a lawful tribunal or a court, public officer, or other agency created, established, authorized, or sanctioned by law.

(ii) A document that would otherwise be legal process except that it was not issued or entered by or on behalf of a court or lawful tribunal or lawfully filed with or recorded by a governmental agency as required by law. However, this subparagraph does not apply to a document that would otherwise be legal process but for 1 or more technical defects, including, but not limited to, errors involving names, spelling, addresses, or time of issue or filing or other defects that do not relate to the substance of the claim or action underlying the document.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.368 ;-- Am. 1998, Act 360, Eff. Jan. 1, 1999 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 1 of Act 284 of 1927, being CL 1929, § 16596.


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750.369 Abuse of legal process.

Sec. 369.

Abuse of legal process—Any officer or person who shall wilfully make any arrest or institute any legal proceedings, or sue out any process for the purpose of obtaining the fees or mileage that might accrue thereto or therefor, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.369
Former Law: See section 1 of Act 187 of 1879, being How., § 9263; CL 1897, § 11333; CL 1915, § 15000; and CL 1929, § 16595.


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Chapter LIV
LIBEL AND SLANDER


750.370 Falsely and maliciously accusing another.

Sec. 370.

Falsely and maliciously accusing another of crime, etc.—Any person who shall falsely and maliciously, by word, writing, sign, or otherwise accuse, attribute, or impute to another the commission of any crime, felony or misdemeanor, or any infamous or degrading act, or impute or attribute to any female a want of chastity, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.370
Former Law: See section 1 of Act 192 of 1879, being How., § 9315; CL 1897, § 11762; CL 1915, § 15573; CL 1929, § 16812; and Act 210 of 1885.


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750.371 Second or subsequent violation; penalty.

Sec. 371.

Any person who is convicted of a second or subsequent violation of this chapter is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not less than $50.00 or more than $1,000.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.371 ;-- Am. 1991, Act 145, Imd. Eff. Nov. 25, 1991 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Compiler's Notes: For provisions of chapter 6 of Act 175 of 1927, referred to in this section, see MCL 766.1 et seq.
Former Law: See section 2 of Act 192 of 1879, being How., § 9315a; CL 1897, § 11763; CL 1915, § 15574; CL 1929, § 16813; and Act 210 of 1885.


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Chapter LV
LOTTERIES


750.372 Lotteries and gift enterprises; prohibited acts; applicability of subsection (1); “promotional activity” defined; violation as misdemeanor; penalty.

Sec. 372.

(1) Except as otherwise provided by law or in this section, a person shall not do any of the following:

(a) Set up or promote within this state any lottery or gift enterprise for money.

(b) Dispose of any property, real or personal, goods, chattels, merchandise, or valuable thing by the way of lottery or gift enterprise.

(c) Aid, either by printing or writing, or in any way be concerned in the setting up, managing, or drawing of a lottery or gift enterprise.

(d) In a house, shop, or building owned or occupied by him or her or under his or her control, knowingly permit the setting up, managing, or drawing of any lottery or gift enterprise, or knowingly permit the sale of any lottery ticket or share of a ticket, or any other writing, certificate, bill, goods, chattels, merchandise, token, or other device purporting or intended to entitle the holder or bearer or other person to any prize or gift or any share of or interest in any prize or gift to be drawn in any lottery or gift enterprise.

(e) Knowingly allow money or other property to be raffled off in a house, shop, or building owned or occupied by him or her or allow money or other property to be won by throwing or using dice or by any other game or course of chance.

(2) Subsection (1) does not apply to a lottery or gift enterprise conducted by a person as a promotional activity that is clearly occasional and ancillary to the primary business of that person. As used in this subsection, “promotional activity” means an activity that is calculated to promote a business enterprise or the sale of its products or services, but does not include a lottery or gift enterprise involving the payment of money solely for the chance or opportunity to win a prize or a lottery or gift enterprise that may be entered by purchasing a product or service for substantially more than its fair market value.

(3) A person violating subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or by a fine of not more than $1,000.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.372 ;-- Am. 1996, Act 206, Imd. Eff. May 21, 1996
Former Law: See section 1 of Ch. 160 of R.S. 1846, being CL 1857, § 5891; CL 1871, § 7735; How., § 9331; CL 1897, § 11344; CL 1915, § 15050; CL 1929, § 16613; and Act 86 of 1867.


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750.372a “Game promotion” defined; force or coercion to purchase, presumption; predetermining identity of one entitled to prize; disclosing description, amount, number of prizes; penalty, misdemeanor.

Sec. 372a.

(a) For purposes of this section, the term game promotion shall mean any game or contest in which the elements of chance and prize are present but in which the element of consideration is not present.

(b) No person shall force or coerce his lessee, agent or franchise dealer to purchase game promotions. For the purposes of this subsection, coercion or force may be presumed in those circumstances in which a course of business conduct extending over a period of 1 year or longer between a lessor and lessee or a principal and agent or an owner and franchise dealer is materially changed coincident with a failure or refusal of a lessee, agent or franchise dealer to purchase game promotions.

(c) No person who shall conduct a game promotion within this state shall, in connection with such promotion, predetermine the identity of any individual entitled to receive a prize in such game promotion.

(d) Any person who shall conduct a game promotion within this state shall disclose to participants as to such game promotion, on a prominent poster in case such game promotion is conducted by a retail outlet, or on any card, game piece, entry blank or any other paraphernalia required for participation in a game promotion in case such game promotion is not conducted in a retail outlet, the geographic area or number of outlets in which the game promotion is proposed to be conducted, an accurate description of each type of prize to be made available, the minimum number and minimum amount of cash prizes to be made available and the minimum number of each other type of prize to be made available.

(e) Any person guilty of a violation of this section, shall be guilty of a misdemeanor.


History: Add. 1968, Act 348, Eff. Nov. 15, 1968


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750.373 Game promotion; tickets; selling, possession, exchange.

Sec. 373.

Selling, etc., lottery or gift enterprise tickets—Any person who shall sell either for himself or for any other person, or shall offer for sale, or shall have in his possession with intent to sell or offer for sale, or to exchange or negotiate, or shall in any wise aid or assist in the selling, negotiating or disposing of a ticket in any such lottery or gift enterprise, or a share of a ticket, or any such writing, certificate, bill, goods or merchandise, token or other device as mentioned in the next preceding section, shall be guilty of a misdemeanor, punishable by imprisonment in the state prison not more than 2 years or by a fine of not more than 1,000 dollars.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.373
Former Law: See section 2 of Ch. 160 of R.S. 1846, being CL 1857, § 5892; CL 1871, § 7736; How., § 9332; CL 1897, § 11345; CL 1915, § 15051; CL 1929, § 16614; and Act 86 of 1867.


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750.374 Game promotion; second offense.

Sec. 374.

Second offense—If any person shall, after being convicted of any offense mentioned in either of the 2 next preceding sections, commit the like offense, or any other of the offenses therein mentioned, he shall be guilty of a felony.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.374
Former Law: See section 3 of Ch. 160 of R.S. 1846, being CL 1857, § 5893; CL 1871, § 7737; How., § 9333; CL 1897, § 11346; CL 1915, § 15052; CL 1929, § 16615; and Act 86 of 1867.


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750.375 Advertising, printing, or publishing lottery tickets; prohibited conduct; violation as misdemeanor; penalty.

Sec. 375.

(1) Except in the case of a lottery or gift enterprise conducted pursuant to section 372(2), a person shall not advertise, print, or publish any lottery ticket or gift enterprise or any share in a lottery ticket for sale either by himself or herself or by another person.

(2) Except in the case of a lottery or gift enterprise conducted pursuant to section 372(2), a person shall not set up or exhibit or devise and make for the purpose of being set up and exhibited any sign, symbol, or any emblematic or other representation of a lottery or gift enterprise or of its drawing in any way indicating where a lottery ticket or a share in a lottery ticket or any such writing, certificate, bill, goods, merchandise or chattels, token, or other device may be purchased or obtained and shall not in any way invite or entice, or attempt to entice, any other person to purchase or receive the lottery ticket or a share in a lottery ticket.

(3) A person violating this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.375 ;-- Am. 1996, Act 206, Imd. Eff. May 21, 1996 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 4 of Ch. 160 of R.S. 1846, being CL 1857, § 5894; CL 1871, § 7738; How., § 9334; CL 1897, § 11347; CL 1915, § 15053; CL 1929, § 16616; and Act 86 of 1867.


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750.376 Extension and application of chapter.

Sec. 376.

(1) Except as provided in subsection (2), this chapter shall extend and apply to lotteries owned and carried on in another state.

(2) This chapter shall not apply to the manufacturing and transportation of material in this state in connection with a lottery lawfully conducted in another country or state.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.376 ;-- Am. 1977, Act 318, Imd. Eff. Jan. 9, 1978
Former Law: See section 5 of Ch. 160 of R.S. 1846, being CL 1871, § 7739; How., § 9335; CL 1897, § 11348; CL 1915, § 15054; CL 1929, § 16617; and Act 237 of 1859.


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750.376a Loan promotion raffle or savings promotion raffle; inapplicability of chapter.

Sec. 376a.

This chapter does not apply to a loan promotion raffle or savings promotion raffle conducted by a domestic credit union under section 411 of the credit union act, 2003 PA 215, MCL 490.411, to a loan promotion raffle or savings promotion raffle conducted by a state bank under section 4111 of the banking code of 1999, 1999 PA 276, MCL 487.14111, or to a loan promotion raffle or savings promotion raffle conducted by a federally chartered credit union, a national bank, or a federally chartered savings and loan association that is conducted in the same manner as a loan promotion raffle or savings promotion raffle conducted by a domestic credit union under section 411 of the credit union act, 2003 PA 215, MCL 490.411.


History: Add. 1982, Act 395, Eff. Mar. 30, 1983 ;-- Am. 2003, Act 217, Imd. Eff. Dec. 2, 2003 ;-- Am. 2014, Act 400, Imd. Eff. Dec. 29, 2014 ;-- Am. 2016, Act 163, Eff. Sept. 7, 2016


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Chapter LVI
MALICIOUS AND WILFUL MISCHIEF AND DESTRUCTION


750.377 Repealed. 1994, Act 126, Eff. Mar. 30, 1995.


Compiler's Notes: The repealed section pertained to maliciously destroying, injuring, or poisoning of animals.


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750.377a Willful and malicious destruction of property; personalty.

Sec. 377a.

(1) A person who willfully and maliciously destroys or injures the personal property of another person is guilty of a crime as follows:

(a) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the amount of the destruction or injury, whichever is greater, or both imprisonment and a fine:

(i) The amount of the destruction or injury is $20,000.00 or more.

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

(b) 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 amount of the destruction or injury, whichever is greater, or both imprisonment and a fine:

(i) The amount of the destruction or injury is $1,000.00 or more but less than $20,000.00.

(ii) The person violates subdivision (c)(i) and has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subparagraph, however, a prior conviction does not include a conviction for a violation or attempted violation of subdivision (c)(ii) or (d).

(c) 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 amount of the destruction or injury, whichever is greater, or both imprisonment and a fine:

(i) The amount of the destruction or injury is $200.00 or more but less than $1,000.00.

(ii) The person violates subdivision (d) and has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section.

(d) If the amount of the destruction or injury 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 amount of the destruction or injury, whichever is greater, or both imprisonment and a fine.

(2) The amounts of destruction or injury in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated in determining the total amount of the destruction or injury.

(3) 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.

(4) 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.


History: Add. 1941, Act 51, Eff. Jan. 10, 1942 ;-- CL 1948, 750.377a ;-- Am. 1957, Act 69, Eff. Sept. 27, 1957 ;-- Am. 1998, Act 311, Eff. Jan. 1, 1999


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750.377b Malicious destruction of property; property of police or fire department.

Sec. 377b.

Maliciously destroying or injuring certain personal property—Any person who shall wilfully and maliciously destroy or injure the personal property of any fire or police department, including the Michigan state police, shall be guilty of a felony.


History: Add. 1941, Act 209, Eff. Jan. 10, 1942 ;-- CL 1948, 750.377b


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750.377c Intentional damage, destruction, or alteration of school bus as felony; penalty; “school bus” defined.

Sec. 377c.

(1) If a person intentionally damages, destroys, or alters a school bus without the permission of the entity that owns that school bus and that damage, destruction, or alteration creates a health or safety hazard to any individual occupying that school bus or who may occupy that school bus, the person is guilty of a felony punishable by imprisonment for not more than 5 years, or a fine of not more than $5,000.00, or both.

(2) As used in this section, “school bus” means that term as defined in section 57 of the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being section 257.57 of the Michigan Compiled Laws. School bus includes a school transportation vehicle as that term is defined in section 57c of Act No. 300 of the Public Acts of 1949, being section 257.57c of the Michigan Compiled Laws, if that vehicle is clearly marked as a school transportation vehicle.


History: Add. 1995, Act 13, Eff. Aug. 1, 1995


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750.377d Damaging, injuring, defacing, dismantling, tampering with, or removing traffic control device as crime; violation of law arising out of same transaction; "traffic control device" defined.

Sec. 377d.

(1) A person who willfully and maliciously damages, destroys, injures, defaces, dismantles, tampers with, or removes a traffic control device is guilty of a crime as follows:

(a) Except as provided in subdivisions (b) and (c), 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 both.

(b) A person who violates this section and has 1 prior conviction for violating this section is guilty of a misdemeanor punishable by imprisonment for not more than 180 days or a fine of not more than $1,000.00, or both.

(c) A person who violates this section and has 2 or more prior convictions for violating this section is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $10,000.00, or both.

(2) This section does not prohibit the person from being charged with, convicted of, or sentenced for any other violation of law arising out of the same transaction as the violation of this section in addition to being charged with, convicted of, or sentenced for the violation of this section.

(3) As used in this section, "traffic control device" means a sign, signal, electronic traffic control sign or signal, marking, light post, railroad sign or signal, or device not inconsistent with the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic, maintaining highway safety, or providing information to motor vehicle operators.


History: Add. 2016, Act 111, Eff. Aug. 8, 2016


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750.378 Malicious destruction of property; dam, reservoir, canal, trench.

Sec. 378.

Maliciously destroying, injuring, etc., dams, canals, etc.—Any person who shall wilfully and maliciously break down, injure, remove, or destroy any dam, reservoir, canal or trench, or any gate, flume, flash-boards, or other appurtenances thereof, or any levee or structure for the purpose of conveying water to any such dam or reservoir, or any of the wheels, mill-gear, or machinery of any mill, or shall wilfully or wantonly, without color of right, draw off the water contained in any millpond, reservoir, canal, or trench, shall be guilty of a felony.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.378
Former Law: See section 46 of Ch. 154 of R.S. 1846, being CL 1857, § 5790; CL 1871, § 7597; How., § 9168; CL 1897, § 11582; CL 1915, § 15327; CL 1929, § 16923; and Act 211 of 1875.


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750.379 Malicious destruction of property; bridges.

Sec. 379.

Maliciously injuring or destroying bridges, etc.—Any person who shall wilfully and maliciously break down, injure, remove or destroy any public or toll bridge, or any railroad, or any lock in any dam, or any lock, culvert or embankment of any canal, or who shall wilfully and maliciously make any aperture or breach in any such embankment, with intent to destroy or injure the same, shall be guilty of a felony.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.379
Former Law: See section 47 of Ch. 154 of R.S. 1846, being CL 1857, § 5791; CL 1871, § 7598; How., § 9169; CL 1897, § 11583; CL 1915, § 15328; and CL 1929, § 16924.


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750.380 Willful and malicious destruction of property; house, barn or building of another.

Sec. 380.

(1) A person shall not willfully and maliciously destroy or injure another person's house, barn, or other building or its appurtenances.

(2) If any of the following apply, a person who violates subsection (1) is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the amount of the destruction or injury, whichever is greater, or both imprisonment and a fine:

(a) The amount of the destruction or injury is $20,000.00 or more.

(b) The person violates subsection (3)(a) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (4)(b) or (5).

(3) If any of the following apply, a person who violates subsection (1) 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 amount of the destruction or injury, whichever is greater, or both imprisonment and a fine:

(a) The amount of the destruction or injury is $1,000.00 or more but less than $20,000.00.

(b) The person violates subsection (4)(a) and has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (4)(b) or (5).

(4) If any of the following apply, a person who violates subsection (1) 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 amount of the destruction or injury, whichever is greater, or both imprisonment and a fine:

(a) The amount of the destruction or injury is $200.00 or more but less than $1,000.00.

(b) The person violates subsection (5) and has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section.

(5) If the amount of the destruction or injury is less than $200.00, a person who violates subsection (1) 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 amount of the destruction or injury, whichever is greater, or both imprisonment and a fine.

(6) The amounts of the destruction or injury in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total amount of the destruction or injury.

(7) 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.

(8) 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, 769.10, 769.11, and 769.12.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.380 ;-- Am. 1957, Act 69, Eff. Sept. 27, 1957 ;-- Am. 1998, Act 311, Eff. Jan. 1, 1999
Former Law: See section 48 of Ch. 154 of R.S. 1846, being CL 1857, § 5792; CL 1871, § 7599; How., § 9170; CL 1897, § 11584; CL 1915, § 15329; CL 1929, § 16925; and Act 31 of 1877.


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750.381 Malicious destruction of property; fences or opening gates.

Sec. 381.

Maliciously breaking down or injuring fences or opening gates, etc.—Any person who shall maliciously break down, injure, mar or deface any fence belonging to or enclosing lands not his own, or shall maliciously throw down or open any gate, bars or fence, and leave the same down or open, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.381
Former Law: See section 49 of Ch. 154 of R.S. 1846, being CL 1857, § 5793; CL 1871, § 7600; How., § 9171; CL 1897, § 11585; CL 1915, § 15330; CL 1929, § 16926; Act 206 of 1848; and Act 47 of 1849.


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750.382 Maliciously destroying or injuring trees, shrubs, grass, turf, plants, crops, or soil.

Sec. 382.

(1) A person who willfully and maliciously, or wantonly and without cause, cuts down, destroys, or injures any tree, shrub, grass, turf, plants, crops, or soil of another that is standing, growing, or located on the land of another is guilty of a crime as follows:

(a) If the value of the trees, shrubs, grass, turf, plants, crops, or soil cut down, destroyed, or injured 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 trees, shrubs, grass, turf, plants, crops, or soil, 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 trees, shrubs, grass, turf, plants, crops, or soil, whichever is greater, or both imprisonment and a fine:

(i) The value of the trees, shrubs, grass, turf, plants, or soil cut down, destroyed, or injured 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 an offense under this section or a local ordinance substantially corresponding to 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 trees, shrubs, grass, turf, plants, crops, or soil, whichever is greater, or both imprisonment and a fine:

(i) The value of the trees, shrubs, grass, turf, plants, crops, or soil cut down, destroyed, or injured 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 committing or attempting to commit an offense under 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 10 years or a fine of not more than $15,000.00 or 3 times the value of the trees, shrubs, grass, turf, plants, crops, or soil, whichever is greater, or both imprisonment and a fine:

(i) The value of the trees, shrubs, grass, turf, plants, crops, or soil cut down, destroyed, or injured is $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 an offense under 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).

(2) The secretary of state shall suspend the operator's or chauffeur's license of a person convicted of a violation or attempted violation of subsection (1) who committed the offense with a vehicle, as provided in section 319 of the Michigan vehicle code, 1949 PA 300, MCL 257.319. As used in this subsection, “vehicle” means that term as defined in section 79 of the Michigan vehicle code, 1949 PA 300, MCL 257.79.

(3) The values of trees, shrubs, grass, turf, plants, crops, or soil cut down, destroyed, or injured 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 trees, shrubs, grass, turf, plants, crops, or soil cut down, destroyed, or injured.

(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) 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.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.382 ;-- Am. 1980, Act 159, Eff. Mar. 31, 1981 ;-- Am. 1998, Act 311, Eff. Jan. 1, 1999 ;-- Am. 1998, Act 344, Eff. Oct. 1, 1999
Former Law: See section 49 of Ch. 154 of R.S. 1846, being CL 1857, § 5793; CL 1871, § 7600; How., § 9171; CL 1897, § 11585; CL 1915, § 15330; CL 1929, § 16926; Act 206 of 1848; Act 47 of 1849; and section 1 of Act 174 of 1855, being CL 1857, § 5801; CL 1871, § 7610; How., § 9194; CL 1897, § 11647; CL 1915, § 15416; CL 1929, § 17003; and Act 202 of 1875.


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750.383 Malicious destruction of property; boundary markers; defacing inscriptions, buildings and sign boards; light bulbs.

Sec. 383.

Maliciously injuring or destroying boundary markers, guide posts, etc.—Any person who shall wilfully or maliciously break down, injure, remove or destroy any monument erected for the purpose of designating the boundaries of this state or any municipality thereof, or of any tract or lot of land, or any tree marked for that purpose, or shall so break down, injure, remove or destroy any milestone, mileboard, guidepost or guide board, lawfully erected upon any highway, or other public way or railroad, or shall wilfully or maliciously deface, or alter the inscription on any such stone, post or board, or shall wilfully or maliciously mar or deface any building or sign board, or extinguish any lamp, or break, injure, destroy or remove any gas lamp, oil lamp, electric light globe or bulb, or any railing or lamp post, erected on any bridge, sidewalk, street, highway, court or passage, or shall wilfully or maliciously injure, remove, deface or destroy any board or structure lawfully erected or used for the posting of bills, posters, or other notices, or shall wilfully or maliciously mutilate, deface or destroy any bill, poster, or other printed or written notice lawfully posted on any board or structure used for that purpose, without the consent of the owner or occupant thereof, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1941, Act 190, Imd. Eff. June 16, 1941 ;-- CL 1948, 750.383
Former Law: See section 50 of Ch. 154 of R.S. 1846, being CL 1857, § 5794; CL 1871, § 7601; How., § 9172; CL 1897, § 11586; CL 1915, § 15331; CL 1929, § 16927; Act 106 of 1877; and Act 280 of 1913.


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750.383a Destruction of certain property used in connection with appliance or component of electric, telecommunication, or natural gas infrastructure that is property of utility; violation; penalty; "utility" defined.

Sec. 383a.

A person, without lawful authority, shall not willfully cut, break, obstruct, injure, destroy, tamper with or manipulate, deface, or steal any machinery, tools, equipment, telephone line or post, telegraph line or post, telecommunication line, tower, or post, electric line, post, tower or supporting structures, electric wire, insulator, switch, or signal, natural gas pipeline, water pipeline, steam heat pipeline or the valves or other appliances or equipment appertaining to or used in connection with those lines, or any other appliance or component of the electric, telecommunication, or natural gas infrastructure that is the property of a utility. A person who violates this section is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both. As used in this section, "utility" includes any pipeline, gas, electric, heat, water, oil, sewer, telephone, telegraph, telecommunication, radio, railway, railroad, airplane, transportation, communication or other system, whether or not publicly owned, that is operated for the public use.


History: Add. 1941, Act 190, Imd. Eff. June 16, 1941 ;-- Am. 1947, Act 61, Imd. Eff. Apr. 28, 1947 ;-- CL 1948, 750.383a ;-- Am. 2008, Act 413, Eff. Mar. 1, 2009


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750.384 Malicious destruction of property; logs, timber.

Sec. 384.

Maliciously injuring logs, timber, etc.—Any person who shall wilfully and maliciously drive, or cause to be driven or imbedded, any nail, spike, or piece of iron, steel or other metallic substance into any timber, log, or bolt which may now be or may hereafter be put on the banks of or in any of the waters, or any mill yards of this state for the purposes of being made into lumber or marketed, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.384
Former Law: See section 1 of Act 162 of 1869, being CL 1871, § 7618; How., § 9183; CL 1897, § 11596; CL 1915, § 15351; and CL 1929, § 17009.


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750.385 Malicious destruction of property; signs, bills and notices placed on private property.

Sec. 385.

Destroying and injuring signs, bills and notices placed on private property—Any person who shall wilfully tear down, destroy or in any manner deface any signs, bill or notices on any private lands of this state, or on any lots or premises in any township, city or village shall be guilty of a misdemeanor: Provided, That such signs, bill or notices are not in violation of any general law of the state or municipal ordinance, and were placed by the owner or lessee or by their consent.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.385
Former Law: See sections 1 and 2 of Act 89 of 1897, being CL 1897, §§ 11606 and 11607; CL 1915, §§ 15371 and 15372; and CL 1929, §§ 17004 and 17005.


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750.386 Malicious destruction of property; machinery and appliances.

Sec. 386.

Maliciously injuring or destroying machinery and appliances used for pumping, signaling or hoisting of men or materials in mines—Any person who shall wilfully and maliciously cut, break, obstruct, injure or destroy or cause to be cut, broken, obstructed, injured or destroyed, any pump, pumprod, man-engine, ladder, ladderway, skip, skip-track, car, car-track, bell, signal, rope, cable, cage, air-compressor, steam boiler, electric generator, or any other appliance or thing whether herein particularly mentioned or not, the same being above ground or under ground in any mine, used for or connected with the hoisting or pumping apparatus, or means of conveyance or escape from any mine; or any stull, timber, plank, platform or other appliance or other thing, whether herein particularly mentioned or not, used for or connected with securing or upholding rock, or used for or connected with the purpose of securing the safety of workmen, the same being under ground in any mine; or shall do the like to any engine house, boiler house, electrical generator house, shaft house or any other structure above ground containing machinery or appliances used for or connected with the pumping, signaling or hoisting of men or materials, or with securing the safety of workmen underground, such mine not being then and there an abandoned mine, shall be guilty of felony, punishable by imprisonment in the state prison not more than 20 years, or by fine of not more than 10,000 dollars.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.386
Former Law: See section 1 of Act 2 of 1889, being How., § 9209b; CL 1897, § 11651; CL 1915, § 15422; CL 1929, § 17017; and Act 31 of 1927.


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750.387 Willful destruction of property; memorials of dead; protective or ornamental structures; trees, shrubs, or plants; violation as misdemeanor or felony; penalties; enhanced sentence based on prior convictions.

Sec. 387.

(1) A person, other than the burial right owner or his or her representative, heir at law, or a person having care, custody, or control of a cemetery pursuant to law, a contract, or other legal right, shall not willfully destroy, mutilate, deface, injure, or remove a tomb, monument, gravestone, or other structure or thing placed or designed for a memorial of the dead, or a fence, railing, curb, or other thing intended for the protection or for the ornament of any tomb, monument, gravestone, or other structure described in this subsection or any other enclosure for the burial of the dead and shall not willfully destroy, mutilate, remove, cut, break, or injure any tree, shrub, or plant, placed or being within such an enclosure.

(2) Prosecution under subsection (1) may commence upon complaint by the burial right owner or his or her representative, heir at law, or person having care, custody, or control of a cemetery, tomb, monument, gravestone, or other structure or thing described in subsection (1).

(3) If the total amount of damage is less than $200.00, a person who violates subsection (1) 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 amount of damage, whichever is greater, or both imprisonment and a fine.

(4) If any of the following apply, a person who violates subsection (1) 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 amount of damage, whichever is greater, or both imprisonment and a fine:

(a) The total amount of damage is $200.00 or more but less than $1,000.00.

(b) The total amount of damage is less than $200.00 and the person has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section.

(5) If any of the following apply, a person who violates subsection (1) 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 amount of damage, whichever is greater, or both imprisonment and a fine:

(a) The total amount of damage is $1,000.00 or more but less than $20,000.00.

(b) The total amount of damage is $200.00 or more but less than $1,000.00 and the person has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (3) or (4)(b).

(6) If any of the following apply, a person who violates subsection (1) is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the amount of damage, whichever is greater, or both imprisonment and a fine:

(a) The total amount of damage is $20,000.00 or more.

(b) The total amount of damage is $1,000.00 or more but less than $20,000.00 and the person has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (3) or (4)(b).

(7) The amounts of damage in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated in determining the total amount of damage.

(8) 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.

(9) 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.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.387 ;-- Am. 1974, Act 166, Eff. Apr. 1, 1975 ;-- Am. 1998, Act 311, Eff. Jan. 1, 1999
Former Law: See section 22 of Ch. 158 of R.S. 1846, being CL 1857, § 5877; CL 1871, § 7712; How., § 9298; CL 1897, § 11711; CL 1915, § 15485; and CL 1929, § 16837.


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750.388 Malicious destruction of property; personal property seized by legal process.

Sec. 388.

Removing, injuring or destroying personal property seized by legal process—Any person or persons who shall remove, destroy, damage or dispose of any personal property that shall have been seized by due process of law issued from any court of competent jurisdiction in this state, while such seizure or levy is in force, without first giving the bond or other security therefor, if any, required by law, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.388
Former Law: See sections 1 and 2 of Act 164 of 1887, being How., §§ 9186a and 9186b; CL 1897, §§ 11617 and 11618; CL 1915, §§ 15381 and 15382; and CL 1929, §§ 16645 and 16646.


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750.389 False or malicious statements as to insurance companies.

Sec. 389.

Any person who shall make, utter, circulate, or transmit to another or others any untrue, false, or malicious statement as to the financial condition of any fraternal beneficiary society, insurance company, reciprocal exchange, or other insurer doing business in this state, and shall thereby injure any such fraternal beneficiary society, insurance company, reciprocal exchange, or other insurer, or who shall counsel, aid, procure, or induce another to originate, make, utter, transmit, or circulate any such statement with like purpose is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.389 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Former Law: See section 1 of Act 283 of 1923, being CL 1929, § 12674.


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750.390 Malicious annoyance by writing.

Sec. 390.

Malicious annoyance by writing—Any person who shall knowingly send or deliver or shall make, and for the purpose of being delivered or sent, shall part with the possession of any letter, postal card or writing containing any obscene language with or without a name subscribed thereto, or signed with a fictitious name, or with any letter, mark or other designation, with the intent thereby to cause annoyance to any person, or with a view or intent to extort or gain any money or property of any description belonging to another, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.390
Former Law: See section 1 of Act 162 of 1883, being How., § 9315b; CL 1897, § 11764; CL 1915, § 15575; and CL 1929, § 16814.


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750.391 Maliciously injuring or mutilating library books.

Sec. 391.

Maliciously injuring or mutilating library books—Any person who shall wilfully, maliciously or wantonly tear, deface or mutilate or write upon, or by other means injure or mar any book, pamphlet, map, chart, painting, picture, photograph, periodical, newspaper, magazine, manuscript or exhibit or any part thereof belonging to or loaned to any public library, or to the library of any literary, scientific, historical or library society or association, whether incorporated or unincorporated, shall be guilty of a misdemeanor.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.391
Former Law: See section 1 of Act 3 of 1881, being How., § 9210; CL 1897, § 11640; CL 1915, § 15406; CL 1929, § 17019; and Act 58 of 1911.


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750.392 Vessels, wilfully destroying.

Sec. 392.

Wilfully destroying vessels, etc.—Any person who shall wilfully cast away, burn, sink or otherwise destroy any ship, boat or vessel within the body of any county, with intent to injure or defraud any owner of such ship, boat or vessel, or the owner of any property on board the same, or any insurer of such ship, boat or vessel or property or any part thereof, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.392
Former Law: See section 41 of Ch. 154 of R.S. 1846, being CL 1857, § 5785; CL 1871, § 7592; How., § 9163; CL 1897, § 11577; CL 1915, § 15322; and CL 1929, § 16918.


© 2017 Legislative Council, State of Michigan


750.393 Buoy or beacon; willfully removing or destroying.

Sec. 393.

Any person who shall willfully remove or destroy any buoy or beacon placed in any of the waters of the state, by the authority of the United States, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.393 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003


© 2017 Legislative Council, State of Michigan


750.394 Train, car, or vehicle, throwing, propelling, or dropping stone or object; violation; penalty; “serious impairment” defined.

Sec. 394.

(1) A person shall not throw, propel, or drop a stone, brick, or other dangerous object at a passenger train, sleeping car, passenger coach, express car, mail car, baggage car, locomotive, caboose, or freight train or at a street car, trolley car, or motor vehicle.

(2) A person who violates this section is guilty of a crime as follows:

(a) Except as provided in subdivisions (b), (c), and (d), the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.

(b) Except as provided in subdivision (c), (d), or (e), if the violation causes property damage, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $500.00, or both.

(c) If the violation causes injury to any person, other than serious impairment or death, the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

(d) If the violation causes serious impairment to any person, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both.

(e) If the violation causes death to any person, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.

(3) A criminal penalty provided for under this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.

(4) As used in this section, “serious impairment” means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.394 ;-- Am. 2003, Act 182, Eff. Jan. 1, 2004
Former Law: See section 1 of Act 246 of 1907, being CL 1915, § 8448; CL 1929, § 17038; and Act 2 of 1923.


© 2017 Legislative Council, State of Michigan


750.394a Racing event; throwing object at motor vehicle; throwing or placing object on racecourse; misdemeanor; penalty; definition.

Sec. 394a.

(1) A person who knowingly throws any object at a motor vehicle participating in a racing event or who knowingly throws or places any object on a racecourse, without authorization, while a motor vehicle is participating in a racing event is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year, or by a fine of not more than $1,000.00, or both.

(2) For purposes of this section, “racing event” means a motor vehicle race that is sanctioned by a nationally or internationally recognized racing organization and that is run on a privately owned and operated racecourse, and includes preparations, practices, and qualifications for the race.


History: Add. 1986, Act 106, Eff. June 15, 1986


© 2017 Legislative Council, State of Michigan


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, o