House Introduced Bill 4051

HOUSE BILL No. 4051

January 27, 1999, Introduced by Reps. Faunce, Richardville, Woronchak, DeWeese, Rick Johnson, Garcia, Geiger,
Raczkowski and Van Woerkom and referred to the Committee on Criminal Law and Corrections.

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending sections 72, 83, 88, 89, 91, 110, 213, 317, 349,

520b, 520c, 520d, 529, and 530 (MCL 750.72, 750.83, 750.88,

750.89, 750.91, 750.110, 750.213, 750.317, 750.349, 750.520b,

750.520c, 750.520d, 750.529, and 750.530), section 110 as amended

by 1994 PA 270, sections 520b and 520c as amended by 1983 PA 158,

and section 520d as amended by 1996 PA 155, and by adding section

506b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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Sec. 72. Burning dwelling house--Any A person who

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wilfully WILLFULLY or maliciously burns any AN OCCUPIED
OR

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UNOCCUPIED dwelling house, either occupied or unoccupied, or

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the contents thereof OF A DWELLING HOUSE, whether owned by

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himself THE PERSON or another PERSON, or any building within

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the curtilage of such THE dwelling house, or the contents

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thereof, shall be OF THE BUILDING, IS guilty of a felony ,

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punishable, EXCEPT AS OTHERWISE PROVIDED IN SECTION 506B, by

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imprisonment in the state prison FOR not more than 20 years.

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Sec. 83. Assault with intent to commit murder--Any A

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person who shall assault ASSAULTS another PERSON with THE

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intent to commit the crime of murder , shall be IS guilty of a

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felony , punishable, EXCEPT AS OTHERWISE PROVIDED IN

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SECTION 506B, by imprisonment in the state prison for life or

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any number TERM of years.

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Sec. 88. Assault with intent to rob and steal being

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unarmed--Any A person , not being
armed with a dangerous

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weapon , who shall assault ASSAULTS another PERSON with
force

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and violence, and with THE intent to rob and steal, shall be IS

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guilty of a felony , punishable, EXCEPT AS OTHERWISE PROVIDED

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IN SECTION 506B, by imprisonment in the state prison FOR not

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more than 15 years.

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Sec. 89. Assault with intent to rob and steal being

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armed--Any A person , being armed with a dangerous
weapon ,

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or any AN article used or fashioned in a manner to lead a

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person so WHO IS assaulted reasonably to believe it to be
IS

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a dangerous weapon , who shall assault ASSAULTS another

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PERSON with THE intent to rob and steal shall be IS guilty of a

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felony , punishable, EXCEPT AS OTHERWISE PROVIDED IN

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SECTION 506B, by imprisonment in the state prison for life ,

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or for any term of years.

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Sec. 91. Attempt to murder by poisoning, etc.--Any A

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person who shall attempt ATTEMPTS to commit the crime of murder

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by poisoning, drowning, or strangling another person, or by any

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means not constituting the crime of assault with intent to

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murder, shall be IS guilty of a felony , punishable,
EXCEPT

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AS OTHERWISE PROVIDED IN SECTION 506B, by imprisonment in the

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state prison for life or any term of years.

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Sec. 110. A person who breaks and enters, with intent to

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commit a felony or a larceny therein, a tent, hotel, office,

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store, shop, warehouse, barn, granary, factory or other building,

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structure, boat, ship , or railroad car is guilty of a felony

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, punishable, EXCEPT AS OTHERWISE PROVIDED IN SECTION 506B, by

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imprisonment for not more than 10 years.

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Sec. 213. Malicious threats to extort money--Any A person

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who shall, either orally or by a written or printed communica-

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tion , maliciously threaten THREATENS to accuse another

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PERSON of any A crime or offense, or shall orally or by
any

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A written or printed communication maliciously threaten any

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THREATENS AN injury to the person or property or mother, father,

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husband, wife, or child of another PERSON, with THE intent

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thereby to extort money or any pecuniary advantage, whatever,

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or with THE intent to compel the person so threatened to do or

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refrain from doing any AN act against his THE PERSON'S
will,

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shall be IS guilty of a felony , punishable, EXCEPT AS
OTHER-

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WISE PROVIDED IN SECTION 506B, by imprisonment in the state

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prison FOR not more than 20 years or by a fine of not
more

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than $10,000.00, dollars OR BOTH.

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Sec. 317. Second degree murder-- All other kinds of

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murder shall be OTHER THAN MURDER OF THE FIRST DEGREE AS

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DEFINED IN SECTION 316 IS murder of the second degree, and shall

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be punished, EXCEPT AS OTHERWISE PROVIDED IN SECTION 506B, by

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imprisonment in the state prison for life , or any term
of

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years. , in the discretion of the court trying the same.

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Sec. 349. (1) Confining person against will, etc.--Any A

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person who wilfully WILLFULLY, maliciously, and without lawful

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authority shall forcibly or secretly confine or imprison

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CONFINES OR IMPRISONS any other person within this state against

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his THE PERSON'S will, or shall forcibly carry
CARRIES or

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send such SENDS THE person out of this state, or shall
forc-

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ibly seize or confine, or shall inveigle or kidnap SEIZES, CON-

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FINES, INVEIGLES, OR KIDNAPS any other person with THE intent to

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extort money or ANY other valuable thing thereby or with THE

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intent either to cause such THE person to be secretly confined

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or imprisoned in this state against his THE PERSON'S will, or

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in any way held to service against his THE PERSON'S will,

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shall be IS guilty of a felony , punishable, EXCEPT AS
OTHER-

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WISE PROVIDED IN SECTION 506B, by imprisonment in the state

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prison for life or for any term of years.

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(2) Every offense mentioned AN OFFENSE DESCRIBED in this

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section may be tried either in the county in which the same may

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have been OFFENSE WAS committed or in any county in or through

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which the person so seized, taken, inveigled, OR kidnaped, or

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whose services shall be WERE sold or transferred, shall have

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been WAS taken, confined, held, carried, or brought. ; and

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upon the trial of any such IN A TRIAL FOR AN offense UNDER THIS

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SECTION, the consent thereto of the person , so TO
BEING

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taken, inveigled, kidnaped, or confined, shall OR HAVING HIS OR

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HER SERVICES SOLD OR TRANSFERRED, IS not be a defense ,

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unless it shall be made satisfactorily to appear to the jury

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that such THE consent was not obtained by fraud nor OR

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extorted by duress or by threats A THREAT.

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SEC. 506B. (1) A PERSON WHO IS CONVICTED OF A VIOLATION OF

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SECTION 72, 83, 88, 89, 91, 110, 213, 317, 349, 520B, 520C, 520D,

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529, OR 530 IN WHICH A VICTIM IS AN ELDERLY PERSON AND WHO HAS 1

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OR MORE PRIOR CONVICTIONS SHALL BE PUNISHED AS FOLLOWS:

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(A) IF THE PERSON HAS 1 PRIOR CONVICTION, BY IMPRISONMENT

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FOR A MINIMUM TERM OF NOT LESS THAN 5 YEARS.

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(B) IF THE PERSON HAS 2 PRIOR CONVICTIONS, BY IMPRISONMENT

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FOR A MINIMUM TERM OF NOT LESS THAN 10 YEARS.

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(C) IF THE PERSON HAS 3 OR MORE PRIOR CONVICTIONS, BY

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IMPRISONMENT FOR LIFE.

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(2) A PERSON DESCRIBED IN SUBSECTION (1)(A) OR (B) MAY BE

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SENTENCED TO IMPRISONMENT FOR LIFE IF THAT PUNISHMENT IS PERMIT-

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TED BY LAW FOR THAT OFFENSE. A PERSON SENTENCED TO A MINIMUM

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TERM OF IMPRISONMENT UNDER SUBSECTION (1)(A) OR (B) SHALL BE SEN-

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TENCED TO A MAXIMUM TERM AS PROVIDED BY LAW FOR THAT OFFENSE.

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(3) A MANDATORY TERM OF IMPRISONMENT IMPOSED UNDER

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SUBSECTION (1) SHALL NOT BE SUSPENDED. A PERSON SENTENCED TO A

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MANDATORY TERM OF IMPRISONMENT UNDER SUBSECTION (1) IS NOT ELIGI-

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BLE FOR PROBATION OR PAROLE DURING THAT MANDATORY TERM.

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(4) A SENTENCE IMPOSED UNDER THIS SECTION SHALL RUN

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CONSECUTIVELY TO ANY OTHER SENTENCE IMPOSED AGAINST THE PERSON

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THAT ARISES OUT OF THE SAME TRANSACTION OR OCCURRENCE FROM WHICH

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THE SENTENCE UNDER THIS SECTION AROSE.

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(5) AS USED IN THIS SECTION:

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(A) "ELDERLY PERSON" MEANS A PERSON 60 YEARS OF AGE OR

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OLDER.

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(B) "PRIOR CONVICTION" MEANS A PREVIOUS CONVICTION FOR A

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VIOLATION OF SECTION 72, 83, 88, 89, 91, 110, 213, 317, 349,

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520B, 520C, 520D, 529, OR 530 IN WHICH THE VICTIM WAS AN ELDERLY

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PERSON.

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(C) "VICTIM" MEANS AN INDIVIDUAL WHO SUFFERS DIRECT OR

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THREATENED PHYSICAL, FINANCIAL, OR EMOTIONAL HARM AS A RESULT OF

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THE VIOLATION.

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Sec. 520b. (1) A person is guilty of criminal sexual con-

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duct in the first degree if he or she engages in sexual penetra-

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tion with another person and if any of the following circum-

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stances exists EXIST:

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(a) That other person is under 13 years of age.

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(b) That other person is at least 13 but less than 16 years

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of age and any of the following CIRCUMSTANCES EXIST:

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(i) The actor is a member of the same household as the

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victim.

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(ii) The actor is related to the victim by blood or affinity

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to the fourth degree.

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(iii) The actor is in a position of authority over the

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victim and used this authority to coerce the victim to submit.

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(c) Sexual penetration occurs under circumstances involving

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the commission of any other felony.

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(d) The actor is aided or abetted by 1 or more other persons

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and either of the following circumstances exists:

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(i) The actor knows or has reason to know that the victim is

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mentally incapable, mentally incapacitated, or physically

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helpless.

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(ii) The actor uses force or coercion to accomplish the

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sexual penetration. Force or coercion includes but is not

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limited to any of the circumstances listed in subdivision (f)(i)

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to (v).

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(e) The actor is armed with a weapon or any article used or

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fashioned in a manner to lead the victim to reasonably TO

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believe it to be a weapon.

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(f) The actor causes personal injury to the victim and force

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or coercion is used to accomplish sexual penetration. Force or

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coercion includes but is not limited to any of the following

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circumstances:

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(i) When the actor overcomes the victim through the actual

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application of physical force or physical violence.

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(ii) When the actor coerces the victim to submit by threat-

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ening to use force or violence on the victim, and the victim

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believes that the actor has the present ability to execute these

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threats.

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(iii) When the actor coerces the victim to submit by threat-

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ening to retaliate in the future against the victim, or any other

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person, and the victim believes that the actor has the ability to

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execute this threat. As used in this subdivision, "to retaliate"

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includes threats of physical punishment, kidnapping, or

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extortion.

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(iv) When the actor engages in the medical treatment or

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examination of the victim in a manner or for purposes which

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THAT are medically recognized as unethical or unacceptable.

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(v) When the actor, through concealment or by the element of

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surprise, is able to overcome the victim.

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(g) The actor causes personal injury to the victim, and the

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actor knows or has reason to know that the victim is mentally

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incapable, mentally incapacitated, or physically helpless.

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(h) That other person is mentally incapable, mentally dis-

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abled, mentally incapacitated, or physically helpless, and any of

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the following CIRCUMSTANCES EXIST:

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(i) The actor is related to the victim by blood or affinity

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to the fourth degree.

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(ii) The actor is in a position of authority over the victim

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and used this authority to coerce the victim to submit.

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(2) Criminal sexual conduct in the first degree is a felony

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punishable, EXCEPT AS OTHERWISE PROVIDED IN SECTION 506B, by

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imprisonment in the state prison for life or for any
term of

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years.

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Sec. 520c. (1) A person is guilty of criminal sexual con-

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duct in the second degree if the person engages in sexual contact

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with another person and if any of the following circumstances

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exists EXIST:

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(a) That other person is under 13 years of age.

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(b) That other person is at least 13 but less than 16 years

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of age and any of the following CIRCUMSTANCES EXIST:

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(i) The actor is a member of the same household as the

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victim.

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(ii) The actor is related by blood or affinity to the fourth

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degree to the victim.

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(iii) The actor is in a position of authority over the

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victim and the actor used this authority to coerce the victim to

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submit.

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(c) Sexual contact occurs under circumstances involving the

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commission of any other felony.

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(d) The actor is aided or abetted by 1 or more other persons

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and either of the following circumstances exists:

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(i) The actor knows or has reason to know that the victim is

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mentally incapable, mentally incapacitated, or physically

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helpless.

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(ii) The actor uses force or coercion to accomplish the

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sexual contact. Force or coercion includes but is not limited to

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any of the circumstances listed in sections

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SECTION 520b(1)(f)(i) to (v).

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(e) The actor is armed with a weapon, or any article used or

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fashioned in a manner to lead a person to reasonably TO believe

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it to be a weapon.

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(f) The actor causes personal injury to the victim and force

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or coercion is used to accomplish the sexual contact. Force or

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coercion includes but is not limited to any of the circumstances

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listed in section 520b(1)(f)(i) to (v).

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(g) The actor causes personal injury to the victim and the

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actor knows or has reason to know that the victim is mentally

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incapable, mentally incapacitated, or physically helpless.

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(h) That other person is mentally incapable, mentally dis-

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abled, mentally incapacitated, or physically helpless, and any of

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the following CIRCUMSTANCES EXIST:

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(i) The actor is related to the victim by blood or affinity

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to the fourth degree.

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(ii) The actor is in a position of authority over the victim

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and used this authority to coerce the victim to submit.

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(2) Criminal sexual conduct in the second degree is a felony

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punishable, EXCEPT AS OTHERWISE PROVIDED IN SECTION 506B, by

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imprisonment for not more than 15 years.

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Sec. 520d. (1) A person is guilty of criminal sexual con-

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duct in the third degree if the person engages in sexual penetra-

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tion with another person and if any of the following circum-

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stances exist:

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(a) That other person is at least 13 years of age and under

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16 years of age.

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(b) Force or coercion is used to accomplish the sexual

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penetration. Force or coercion includes but is not limited to

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any of the circumstances listed in section 520b(1)(f)(i) to (v).

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(c) The actor knows or has reason to know that the victim is

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mentally incapable, mentally incapacitated, or physically

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helpless.

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(d) That other person is related to the actor by blood or

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affinity to the third degree and the sexual penetration occurs

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under circumstances not otherwise prohibited by this chapter. It

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is an affirmative defense to a prosecution under this subdivision

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that the other person was in a position of authority over the

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defendant and used this authority to coerce the defendant to vio-

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late this subdivision. The defendant has the burden of proving

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this defense by a preponderance of the evidence. This subdivi-

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sion does not apply if both persons are lawfully married to each

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other at the time of the alleged violation.

11 (2) Criminal sexual conduct in the third degree is a felony

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punishable, EXCEPT AS OTHERWISE PROVIDED IN SECTION 506B, by

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imprisonment for not more than 15 years.

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Sec. 529. Any A person who shall assault ASSAULTS

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another , PERSON and shall feloniously rob,
steal and take

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from his ROBS, STEALS, AND TAKES FROM THE OTHER person, or in

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his THE OTHER PERSON'S presence, any money or other property ,

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which THAT may be the subject of larceny , such robber being

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WHILE armed with a dangerous weapon , or any article used or

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fashioned in a manner to lead the person so assaulted to
rea-

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sonably TO believe it to be a dangerous weapon , shall be IS

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guilty of a felony , punishable, EXCEPT AS OTHERWISE PROVIDED

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IN SECTION 506B, by imprisonment in the state prison for life

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or for any term of years. If an aggravated assault or serious

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injury is inflicted by any person while committing an armed rob-

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bery as defined in VIOLATING this section, EXCEPT AS OTHERWISE

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PROVIDED IN SECTION 506B, the sentence PERSON shall be

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SENTENCED TO IMPRISONMENT FOR not less than 2 YEARS. years'

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imprisonment in the state prison.

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Sec. 530. Robbery unarmed--Any A person who shall,
by

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force and violence , or by assault or putting in fear ,
felo-

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niously rob, steal and take ROBS, STEALS, AND TAKES from the

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person of another, or in his THE OTHER PERSON'S presence, any

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money or other property which THAT may be the subject of larce-

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ny, such robber WHILE not being armed with a dangerous

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weapon, shall be IS guilty of a felony , punishable,
EXCEPT

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AS OTHERWISE PROVIDED IN SECTION 506B, by imprisonment in the

11
state prison FOR not more than 15 years.

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