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THE MICHIGAN PENAL CODE Act 328 of 1931

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THE MICHIGAN PENAL CODE Act 328 of 1931 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). 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 note: The catchlines following the act section numbers were incorporated as part of the act as enacted. 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. 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. 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. 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. 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. 750.7 Felony; definition. Rendered Thursday, April 27, 2017 Page 1 Michigan Compiled Laws Complete Through PA 22 of 2017 Legislative Council, State of Michigan Courtesy of www.legislature.mi.gov 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. 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. 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. 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. 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. CHAPTER II ABDUCTION 750.11, 750.12 Repealed. 2010, Act 102, Imd. Eff. June 25, 2010. Compiler's note: The repealed sections pertained to unlawful taking of a woman and compelling her to marry. 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. CHAPTER III Rendered Thursday, April 27, 2017 Page 2 Michigan Compiled Laws Complete Through PA 22 of 2017 Legislative Council, State of Michigan Courtesy of www.legislature.mi.gov 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. 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.
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