Criminal procedure: sentencing; mandatory sentencing for certain crimes; require. Amends (See bill) & repeals sec. 145g of 1931 PA 328 (MCL 750.145g).

ELF H02202'25_HB5917_INTR_1 b2ey6p

HOUSE BILL NO. 5917

A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 81, 81a, 81d, 82, 83, 84, 85, 86, 87, 88, 89,
91, 110a, 111, 122, 136b, 145a, 145c, 159j, 174, 174a, 193, 195,
197c, 207, 213, 218, 224f, 227b, 234a, 317, 317a, 321, 349, 349b,
356, 356a, 356c, 356d, 357, 357b, 360, 362, 377a, 377b, 380, 383a,
411h, 411i, 411u, 451, 459, 479, 479a, 479b, 483a, 520b, 520c,
520d, 520e, 520g, 529, 529a, 530, 531, and 553 (MCL 750.81,
750.81a, 750.81d, 750.82, 750.83, 750.84, 750.85, 750.86, 750.87,
750.88, 750.89, 750.91, 750.110a, 750.111, 750.122, 750.136b,
April 29, 2026, Introduced by Reps. Pavlov, Hoadley, St. Germaine, Wozniak and Bruck and
referred to Committee on Judiciary.
2

ELF H02202'25_HB5917_INTR_1 b2ey6p
750.145a, 750.145c, 750.159j, 750.174, 750.174a, 750.193, 750.195,
750.197c, 750.207, 750.213, 750.218, 750.224f, 750.227b, 750.234a,
750.317, 750.317a, 750.321, 750.349, 750.349b, 750.356, 750.356a,
750.356c, 750.356d, 750.357, 750.357b, 750.360, 750.362, 750.377a,
750.377b, 750.380, 750.383a, 750.411h, 750.411i, 750.411u, 750.451,
750.459, 750.479, 750.479a, 750.479b, 750.483a, 750.520b, 750.520c,
750.520d, 750.520e, 750.520g, 750.529, 750.529a, 750.530, 750.531,
and 750.553), sections 81 and 81a as amended by 2023 PA 271,
section 81d as amended by 2006 PA 517, section 82 as amended by
2023 PA 272, section 84 as amended by 2012 PA 367, section 85 as
added by 2005 PA 335, section 110a as amended by 1999 PA 44,
section 111 as amended by 2008 PA 10, section 122 as added by 2000
PA 452, section 136b as amended by 2020 PA 49, section 145a as
amended by 2002 PA 45, section 145c as amended by 2018 PA 373,
section 159j as amended by 2006 PA 129, section 174 as amended by
2019 PA 173, section 174a as amended by 2013 PA 34, section 193 as
amended by 1998 PA 510, section 195 as amended by 1987 PA 212,
section 197c as amended by 2006 PA 535, sections 207 and 520b as
amended by 2014 PA 23, section 218 as amended by 2011 PA 201,
section 224f as amended by 2023 PA 201, section 227b as amended by
2015 PA 26, section 234a as amended by 2014 PA 191, section 317a as
added by 2005 PA 167, section 349 as amended by 2014 PA 330,
section 349b as added by 2006 PA 160, section 356 as amended by
2013 PA 217, section 356a as amended by 2008 PA 476, sections 356c
and 356d as amended by 1998 PA 311, section 357b as added by 1990
PA 321, sections 377a, 380, and 411h as amended by 2023 PA 199,
section 383a as amended by 2008 PA 413, section 411i as amended by
1997 PA 65, section 411u as added by 2008 PA 564, section 451 as
amended by 2016 PA 338, section 459 as amended by 2016 PA 485,
3

ELF H02202'25_HB5917_INTR_1 b2ey6p
section 479 as amended by 2002 PA 270, section 479a as amended by
2012 PA 60, section 479b as added by 1994 PA 33, section 483a as
amended by 2023 PA 49, section 520c as amended by 2012 PA 372,
sections 520d and 520e as amended by 2023 PA 126, section 529 as
amended by 2020 PA 313, sections 529a and 530 as amended by 2004 PA
128, and section 553 as added by 2014 PA 224; and to repeal acts
and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 81. (1) Except as otherwise provided in this section, a 1
person who assaults or assaults and batters an individual, if no 2
other punishment is prescribed by law, is guilty of a misdemeanor 3
felony punishable by imprisonment for life or any term of years but 4
not more less than 93 days 1 year or a fine of not more than 5
$500.00, or both. If the victim of a violation under this 6
subsection is a health professional or medical volunteer and the 7
violation occurs while the victim is performing the victim's duties 8
as a health professional or medical volunteer, the person is guilty 9
of a misdemeanor punishable by imprisonment for not more than 93 10
days or a fine of not more than $1,000.00, or both. The enhanced 11
fine under this subsection does not apply if the defendant is a 12
patient who is receiving treatment from the victim. 13
(2) Except as provided in subsection (3), (4), or (5), an 14
individual who assaults or assaults and batters the individual's 15
spouse or former spouse, an individual with whom the individual has 16
or has had a dating relationship, an individual with whom the 17
individual has had a child in common, or a resident or former 18
resident of the individual's household, is guilty of a misdemeanor 19
felony punishable by imprisonment for life or any term of years but 20
not more less than 93 days 4 years or a fine of not more than 21
4

ELF H02202'25_HB5917_INTR_1 b2ey6p
$500.00, or both. 1
(3) An individual who assaults or assaults and batters an 2
individual who is pregnant and who knows the individual is pregnant 3
is guilty of a misdemeanor felony punishable by imprisonment for 4
life or any term of years but not more less than 93 days 2 years or 5
a fine of not more than $500.00, or both. 6
(4) An individual who commits an assault or an assault and 7
battery in violation of subsection (2) or (3), and who has 8
previously been convicted of assaulting or assaulting and battering 9
an individual described in either subsection (2) or subsection (3) 10
under any of the following, is guilty of a misdemeanor felony 11
punishable by imprisonment for life or any term of years but not 12
more less than 1 year 2 years and 6 months or a fine of not more 13
than $1,000.00, or both: 14
(a) This section or an ordinance of a political subdivision of 15
this state substantially corresponding to this section. 16
(b) Section 81a, 82, 83, 84, or 86. 17
(c) A law of another state or an ordinance of a political 18
subdivision of another state substantially corresponding to this 19
section or section 81a, 82, 83, 84, or 86. 20
(5) An individual who commits an assault or an assault and 21
battery in violation of subsection (2) or (3), and who has 2 or 22
more previous convictions for assaulting or assaulting and 23
battering an individual described in either subsection (2) or 24
subsection (3) under any of the following, is guilty of a felony 25
punishable by imprisonment for life or any term of years but not 26
more less than 5 years 1 year or a fine of not more than $5,000.00, 27
or both: 28
(a) This section or an ordinance of a political subdivision of 29
5

ELF H02202'25_HB5917_INTR_1 b2ey6p
this state substantially corresponding to this section. 1
(b) Section 81a, 82, 83, 84, or 86. 2
(c) A law of another state or an ordinance of a political 3
subdivision of another state substantially corresponding to this 4
section or section 81a, 82, 83, 84, or 86. 5
(6) This section does not apply to an individual using 6
necessary reasonable physical force in compliance with section 1312 7
of the revised school code, 1976 PA 451, MCL 380.1312. 8
(7) The operator of a health facility or agency or a hospital 9
or psychiatric hospital shall post a sign in the health facility or 10
agency or hospital or psychiatric hospital in a prominent and 11
visible location that provides that a person, other than a patient 12
receiving treatment, who assaults a health professional or medical 13
volunteer in violation of this section is subject to the enhanced 14
fine provided for in this section and that a patient receiving 15
treatment who assaults a health professional or medical volunteer 16
may still be subject to prosecution under this section. 17
(8) As used in this section: 18
(a) "Dating relationship" means frequent, intimate 19
associations primarily characterized by the expectation of 20
affectional involvement. This term does not include a casual 21
relationship or an ordinary fraternization between 2 individuals in 22
a business or social context. 23
(b) "Health facility or agency" means a health facility or 24
agency licensed under article 17 of the public health code, 1978 PA 25
368, MCL 333.20101 to 333.22260. 26
(c) "Health professional" means an individual who is employed 27
or granted privileges by or under contract with a hospital or 28
psychiatric hospital, health facility or agency, health system, or 29
6

ELF H02202'25_HB5917_INTR_1 b2ey6p
health care provider, whether operated by a governmental unit or a 1
private entity, and whose duties within the scope of that 2
employment, privilege, or contract involve the provision of direct 3
patient care and require licensure, registration, certification, or 4
other regulation or authorization under the public health code, 5
1978 PA 368, MCL 333.1101 to 333.25211, or who is providing 6
indirect patient care under the direction of a hospital or 7
psychiatric hospital, health facility or agency, health system, or 8
health care provider. 9
(d) "Hospital or psychiatric hospital" means a hospital or 10
psychiatric hospital licensed under the mental health code, 1974 PA 11
258, MCL 330.1001 to 330.2106. 12
(e) "Medical volunteer" means an individual who is 13
volunteering at a hospital or psychiatric hospital, health facility 14
or agency, in a health system, or with a health care provider, 15
whether operated by a governmental unit or a private entity, and 16
whose duties as a volunteer involve the provision of direct patient 17
care, or who is providing indirect patient care under the direction 18
of a hospital or psychiatric hospital, health facility or agency, 19
health system, or health care provider. 20
Sec. 81a. (1) Except as otherwise provided in this section, a 21
person who assaults an individual without a weapon and inflicts 22
serious or aggravated injury upon that individual without intending 23
to commit murder or to inflict great bodily harm less than murder 24
is guilty of a misdemeanor felony punishable by imprisonment for 25
life or any term of years but not more less than 1 year 2 years or 26
a fine of not more than $1,000.00, or both. If the victim of a 27
violation under this subsection is a health professional or medical 28
volunteer and the violation occurs while the victim is performing 29
7

ELF H02202'25_HB5917_INTR_1 b2ey6p
the victim's duties as a health professional or medical volunteer, 1
the person is guilty of a misdemeanor punishable by imprisonment 2
for not more than 1 year or a fine of not more than $2,000.00, or 3
both. The enhanced fine under this subsection does not apply if the 4
defendant is a patient who is receiving treatment from the victim. 5
(2) Except as provided in subsection (3), an individual who 6
assaults the individual's spouse or former spouse, an individual 7
with whom the individual has or has had a dating relationship, an 8
individual with whom the individual has had a child in common, or a 9
resident or former resident of the same household without a weapon 10
and inflicts serious or aggravated injury upon that individual 11
without intending to commit murder or to inflict great bodily harm 12
less than murder is guilty of a misdemeanor felony punishable by 13
imprisonment for life or any term of years but not more less than 1 14
year 2 years or a fine of not more than $1,000.00, or both. 15
(3) An individual who commits an assault and battery in 16
violation of subsection (2), and who has 1 or more previous 17
convictions for assaulting or assaulting and battering the 18
individual's spouse or former spouse, an individual with whom the 19
individual has or has had a dating relationship, an individual with 20
whom the individual has had a child in common, or a resident or 21
former resident of the same household, in violation of any of the 22
following, is guilty of a felony punishable by imprisonment for 23
life or any term of years but not more less than 5 10 years or a 24
fine of not more than $5,000.00, or both: 25
(a) This section or an ordinance of a political subdivision of 26
this state substantially corresponding to this section. 27
(b) Section 81, 82, 83, 84, or 86. 28
(c) A law of another state or an ordinance of a political 29
8

ELF H02202'25_HB5917_INTR_1 b2ey6p
subdivision of another state substantially corresponding to this 1
section or section 81, 82, 83, 84, or 86. 2
(4) The operator of a health facility or agency or a hospital 3
or psychiatric hospital shall post a sign in the health facility or 4
agency or hospital or psychiatric hospital in a prominent and 5
visible location that provides that a person, other than a patient 6
receiving treatment, who assaults a health professional or medical 7
volunteer in violation of this section is subject to the enhanced 8
fine provided for in this section and that a patient receiving 9
treatment who assaults a health professional or medical volunteer 10
may still be subject to prosecution under this section. 11
(5) As used in this section: 12
(a) "Dating relationship" means frequent, intimate 13
associations primarily characterized by the expectation of 14
affectional involvement. This term does not include a casual 15
relationship or an ordinary fraternization between 2 individuals in 16
a business or social context. 17
(b) "Health facility or agency" means a health facility or 18
agency licensed under article 17 of the public health code, 1978 PA 19
368, MCL 333.20101 to 333.22260. 20
(c) "Health professional" means an individual who is employed 21
or granted privileges by or under contract with a hospital or 22
psychiatric hospital, health facility or agency, health system, or 23
health care provider, whether operated by a governmental unit or a 24
private entity, and whose duties within the scope of that 25
employment, privilege, or contract involve the provision of direct 26
patient care and require licensure, registration, certification, or 27
other regulation or authorization under the public health code, 28
1978 PA 368, MCL 333.1101 to 333.25211, or who is providing 29
9

ELF H02202'25_HB5917_INTR_1 b2ey6p
indirect patient care under the direction of a hospital or 1
psychiatric hospital, health facility or agency, health system, or 2
health care provider. 3
(d) "Hospital or psychiatric hospital" means a hospital or 4
psychiatric hospital licensed under the mental health code, 1974 PA 5
258, MCL 330.1001 to 330.2106. 6
(e) "Medical volunteer" means an individual who is 7
volunteering at a hospital or psychiatric hospital, health facility 8
or agency, in a health system, or with a health care provider, 9
whether operated by a governmental unit or a private entity, and 10
whose duties as a volunteer involve the provision of direct patient 11
care, or who is providing indirect patient care under the direction 12
of a hospital or psychiatric hospital, health facility or agency, 13
health system, or health care provider. 14
Sec. 81d. (1) Except as provided in subsections (2), (3), and 15
(4), an individual who assaults, batters, wounds, resists, 16
obstructs, opposes, or endangers a person who the individual knows 17
or has reason to know is performing his or her duties is guilty of 18
a felony punishable by imprisonment for life or any term of years 19
but not more less than 2 years or a fine of not more than 20
$2,000.00, or both. 21
(2) An individual who assaults, batters, wounds, resists, 22
obstructs, opposes, or endangers a person who the individual knows 23
or has reason to know is performing his or her duties causing a 24
bodily injury requiring medical attention or medical care to that 25
person is guilty of a felony punishable by imprisonment for life or 26
any term of years but not more less than 4 years or a fine of not 27
more than $5,000.00, or both. 28
(3) An individual who assaults, batters, wounds, resists, 29
10

ELF H02202'25_HB5917_INTR_1 b2ey6p
obstructs, opposes, or endangers a person who the individual knows 1
or has reason to know is performing his or her duties causing a 2
serious impairment of a body function of that person is guilty of a 3
felony punishable by imprisonment for life or any term of years but 4
not more less than 15 8 years or a fine of not more than 5
$10,000.00, or both. 6
(4) An individual who assaults, batters, wounds, resists, 7
obstructs, opposes, or endangers a person who the individual knows 8
or has reason to know is performing his or her duties causing the 9
death of that person is guilty of a felony punishable by 10
imprisonment for not more than 20 years or a fine of not more than 11
$20,000.00, or both. 12
(5) This section does not prohibit an individual from being 13
charged with, convicted of, or punished for any other violation of 14
law that is committed by that individual while violating this 15
section. 16
(6) A term of imprisonment imposed for a violation of this 17
section may run consecutively to any term of imprisonment imposed 18
for another violation arising from the same transaction. 19
(7) As used in this section: 20
(a) "Obstruct" includes the use or threatened use of physical 21
interference or force or a knowing failure to comply with a lawful 22
command. 23
(b) "Person" means any of the following: 24
(i) A police officer of this state or of a political 25
subdivision of this state, including, but not limited to, a motor 26
carrier officer or capitol security officer of the department of 27
state police. 28
(ii) A police officer of a junior college, college, or 29
11

ELF H02202'25_HB5917_INTR_1 b2ey6p
university who is authorized by the governing board of that junior 1
college, college, or university to enforce state law and the rules 2
and ordinances of that junior college, college, or university. 3
(iii) A conservation officer of the department of natural 4
resources or the department of environmental quality.environment, 5
Great Lakes, and energy. 6
(iv) A conservation officer of the United States department of 7
the interior.Department of the Interior. 8
(v) A sheriff or deputy sheriff. 9
(vi) A constable. 10
(vii) A peace officer of a duly authorized police agency of the 11
United States, including, but not limited to, an agent of the 12
secret service or department of justice.Secret Service or 13
Department of Justice. 14
(viii) A firefighter. 15
(ix) Any emergency medical service personnel described in 16
section 20950 of the public health code, 1978 PA 368, MCL 17
333.20950. 18
(x) An individual engaged in a search and rescue operation as 19
that term is defined in section 50c. 20
(c) "Serious impairment of a body function" means that term as 21
defined in section 58c of the Michigan vehicle code, 1949 PA 300, 22
MCL 257.58c. 23
Sec. 82. (1) Except as otherwise provided in this subsection 24
or subsection (2), a person who assaults another person with a gun, 25
revolver, pistol, knife, iron bar, club, brass knuckles, or other 26
dangerous weapon without intending to commit murder or to inflict 27
great bodily harm less than murder is guilty of a felony punishable 28
by imprisonment for life or any term of years but not more less 29
12

ELF H02202'25_HB5917_INTR_1 b2ey6p
than 4 years or a fine of not more than $2,000.00, or both. If the 1
victim of a violation under this subsection is a health 2
professional or medical volunteer and the violation occurs while 3
the victim is performing the victim's duties as a health 4
professional or medical volunteer, the person is guilty of a felony 5
punishable by imprisonment for not more than 4 years or a fine of 6
not more than $4,000.00, or both. The enhanced fine under this 7
subsection does not apply if the defendant is a patient who is 8
receiving treatment from the victim. 9
(2) A person who violates subsection (1) in a weapon free 10
school zone is guilty of a felony punishable by 1 or more of the 11
following: 12
(a) Imprisonment for not more than 4 years. 13
(b) Community service for not more than 150 hours. 14
(c) A fine of not more than $6,000.00. 15
(3) The operator of a health facility or agency or a hospital 16
or psychiatric hospital shall post a sign in the health facility or 17
agency or hospital or psychiatric hospital in a prominent and 18
visible location that provides that a person, other than a patient 19
receiving treatment, who assaults a health professional or medical 20
volunteer in violation of this section is subject to the enhanced 21
fine as provided for in this section and that a patient receiving 22
treatment who assaults a health professional or medical volunteer 23
may still be subject to prosecution under this section. 24
(4) As used in this section: 25
(a) "Health facility or agency" means a health facility or 26
agency licensed under article 17 of the public health code, 1978 PA 27
368, MCL 333.20101 to 333.22260. 28
(b) "Health professional" means an individual who is employed 29
13

ELF H02202'25_HB5917_INTR_1 b2ey6p
or granted privileges by or under contract with a hospital or 1
psychiatric hospital, health facility or agency, health system, or 2
health care provider, whether operated by a governmental unit or a 3
private entity, and whose duties within the scope of that 4
employment, privilege, or contract involve the provision of direct 5
patient care and require licensure, registration, certification, or 6
other regulation or authorization under the public health code, 7
1978 PA 368, MCL 333.1101 to 333.25211, or who is providing 8
indirect patient care under the direction of a hospital or 9
psychiatric hospital, health facility or agency, health system, or 10
health care provider. 11
(c) "Hospital or psychiatric hospital" means a hospital or 12
psychiatric hospital licensed under the mental health code, 1974 PA 13
258, MCL 330.1001 to 330.2106. 14
(d) "Medical volunteer" means an individual who is 15
volunteering at a hospital or psychiatric hospital, health facility 16
or agency, in a health system, or with a health care provider, 17
whether operated by a governmental unit or a private entity, and 18
whose duties as a volunteer involve the provision of direct patient 19
care, or who is providing indirect patient care under the direction 20
of a hospital or psychiatric hospital, health facility or agency, 21
health system, or health care provider. 22
(e) "School" means a public, private, denominational, or 23
parochial school offering developmental kindergarten, kindergarten, 24
or any grade from 1 through 12. 25
(f) "School property" means a building, playing field, or 26
property used for school purposes to impart instruction to children 27
or used for functions and events sponsored by a school, except a 28
building used primarily for adult education or college extension 29
14

ELF H02202'25_HB5917_INTR_1 b2ey6p
courses. 1
(g) "Weapon free school zone" means school property and a 2
vehicle used by a school to transport students to or from school 3
property. 4
Sec. 83. Assault with intent to commit murder—Any A person who 5
shall assault assaults another with intent to commit the crime of 6
murder , shall be is guilty of a felony, punishable by imprisonment 7
in the state prison for life or any number term of years but not 8
less than 15 years. 9
Sec. 84. (1) A person who does either of the following 10
assaults another person with intent to do great bodily harm, less 11
than the crime of murder is guilty of a felony punishable by 12
imprisonment for life or any term of years but not more less than 13
10 7 years and 6 months or a fine of not more than $5,000.00, or 14
both. : 15
(a) Assaults another person with intent to do great bodily 16
harm, less than the crime of murder. 17
(2) (b) Assaults A person who assaults another person by 18
strangulation or suffocation is guilty of a felony punishable by 19
imprisonment for life or any term of years but not less than 4 20
years. 21
(3) (2) As used in this section, "strangulation or 22
suffocation" means intentionally impeding normal breathing or 23
circulation of the blood by applying pressure on the throat or neck 24
or by blocking the nose or mouth of another person. 25
(4) (3) This section does not prohibit a person from being 26
charged with, convicted of, or punished for any other violation of 27
law arising out of the same conduct as the violation of this 28
section. 29
15

ELF H02202'25_HB5917_INTR_1 b2ey6p
Sec. 85. (1) A person who, with the intent to cause cruel or 1
extreme physical or mental pain and suffering, inflicts great 2
bodily injury or severe mental pain or suffering upon another 3
person within his or her custody or physical control commits 4
torture and is guilty of a felony punishable by imprisonment for 5
life or any term of years but not less than 25 years. 6
(2) As used in this section: 7
(a) "Cruel" means brutal, inhuman, sadistic, or that which 8
torments. 9
(b) "Custody or physical control" means the forcible 10
restriction of a person's movements or forcible confinement of the 11
person so as to interfere with that person's liberty, without that 12
person's consent or without lawful authority. 13
(c) "Great bodily injury" means either of the following: 14
(i) Serious impairment of a body function as that term is 15
defined in section 58c of the Michigan vehicle code, 1949 PA 300, 16
MCL 257.58c. 17
(ii) One or more of the following conditions: internal injury, 18
poisoning, serious burns or scalding, severe cuts, or multiple 19
puncture wounds. 20
(d) "Severe mental pain or suffering" means a mental injury 21
that results in a substantial alteration of mental functioning that 22
is manifested in a visibly demonstrable manner caused by or 23
resulting from any of the following: 24
(i) The intentional infliction or threatened infliction of 25
great bodily injury. 26
(ii) The administration or application, or threatened 27
administration or application, of mind-altering substances or other 28
procedures calculated to disrupt the senses or the personality. 29
16

ELF H02202'25_HB5917_INTR_1 b2ey6p
(iii) The threat of imminent death. 1
(iv) The threat that another person will imminently be 2
subjected to death, great bodily injury, or the administration or 3
application of mind-altering substances or other procedures 4
calculated to disrupt the senses or personality. 5
(3) Proof that a victim suffered pain is not an element of the 6
crime under this section. 7
(4) A conviction or sentence under this section does not 8
preclude a conviction or sentence for a violation of any other law 9
of this state arising from the same transaction. 10
Sec. 86. Assault with intent to maim—Any A person who shall 11
assault assaults another with intent to maim or disfigure his the 12
other person by cutting out or maiming the tongue, putting out or 13
destroying an eye, cutting or tearing off an ear, cutting or 14
slitting or mutilating the nose or lips, or cutting off or 15
disabling a limb, organ, or member , shall be is guilty of a 16
felony, punishable by imprisonment in the state prison for life or 17
any term of years but not more less than 10 5 years or by a fine of 18
not more than 5,000 dollars.$5,000.00. 19
Sec. 87. Assault with intent to commit felony, not otherwise 20
punished—Any A person who shall assault assaults another person, 21
with intent to commit any burglary, or any other felony, the 22
punishment of which assault is not otherwise in this act 23
prescribed, shall be is guilty of a felony, punishable by 24
imprisonment in the state prison for life or any term of years but 25
not more less than 10 5 years , or by impose a fine of not more 26
than 5,000 dollars.$5,000.00. 27
Sec. 88. Assault with intent to rob and steal being unarmed—28
Any A person, not being armed with a dangerous weapon, who shall 29
17

ELF H02202'25_HB5917_INTR_1 b2ey6p
assault assaults another person with force and violence , and with 1
the intent to rob and steal, shall be is guilty of a felony, 2
punishable by imprisonment in the state prison for life or any term 3
of years but not more less than 15 7 years and 6 months. 4
Sec. 89. Assault with intent to rob and steal being armed—Any 5
A person, being armed with a dangerous weapon, or any article used 6
or fashioned in a manner to lead a person so assaulted reasonably 7
to believe it to be a dangerous weapon, who shall assault assaults 8
another person with the intent to rob and steal shall be is guilty 9
of a felony, punishable by imprisonment in the state prison for 10
life , or for any term of years but not less than 7 years and 6 11
months. 12
Sec. 91. Attempt to murder by poisoning, etc.—Any A person who 13
shall attempt attempts to commit the crime of murder by poisoning, 14
drowning, or strangling another person, or by any means not 15
constituting the crime of assault with intent to murder, shall be 16
is guilty of a felony, punishable by imprisonment in the state 17
prison for life or any term of years but not less than 25 years. 18
Sec. 110a. (1) As used in this section: 19
(a) "Dwelling" means a structure or shelter that is used 20
permanently or temporarily as a place of abode, including an 21
appurtenant structure attached to that structure or shelter. 22
(b) "Dangerous weapon" means 1 or more of the following: 23
(i) A loaded or unloaded firearm, whether operable or 24
inoperable. 25
(ii) A knife, stabbing instrument, brass knuckles, blackjack, 26
club, or other object specifically designed or customarily carried 27
or possessed for use as a weapon. 28
(iii) An object that is likely to cause death or bodily injury 29
18

ELF H02202'25_HB5917_INTR_1 b2ey6p
when used as a weapon and that is used as a weapon or carried or 1
possessed for use as a weapon. 2
(iv) An object or device that is used or fashioned in a manner 3
to lead a person to believe the object or device is an object or 4
device described in subparagraphs (i) to (iii). 5
(c) "Without permission" means without having obtained 6
permission to enter from the owner or lessee of the dwelling or 7
from any other person lawfully in possession or control of the 8
dwelling. 9
(2) A person who breaks and enters a dwelling with intent to 10
commit a felony, larceny, or assault in the dwelling, a person who 11
enters a dwelling without permission with intent to commit a 12
felony, larceny, or assault in the dwelling, or a person who breaks 13
and enters a dwelling or enters a dwelling without permission and, 14
at any time while he or she is entering, present in, or exiting the 15
dwelling, commits a felony, larceny, or assault is guilty of home 16
invasion in the first degree if at any time while the person is 17
entering, present in, or exiting the dwelling either of the 18
following circumstances exists: 19
(a) The person is armed with a dangerous weapon. 20
(b) Another person is lawfully present in the dwelling. 21
(3) A person who breaks and enters a dwelling with intent to 22
commit a felony, larceny, or assault in the dwelling, a person who 23
enters a dwelling without permission with intent to commit a 24
felony, larceny, or assault in the dwelling, or a person who breaks 25
and enters a dwelling or enters a dwelling without permission and, 26
at any time while he or she is entering, present in, or exiting the 27
dwelling, commits a felony, larceny, or assault is guilty of home 28
invasion in the second degree. 29
19

ELF H02202'25_HB5917_INTR_1 b2ey6p
(4) A person is guilty of home invasion in the third degree if 1
the person does either of the following: 2
(a) Breaks and enters a dwelling with intent to commit a 3
misdemeanor in the dwelling, enters a dwelling without permission 4
with intent to commit a misdemeanor in the dwelling, or breaks and 5
enters a dwelling or enters a dwelling without permission and, at 6
any time while he or she is entering, present in, or exiting the 7
dwelling, commits a misdemeanor. 8
(b) Breaks and enters a dwelling or enters a dwelling without 9
permission and, at any time while the person is entering, present 10
in, or exiting the dwelling, violates any of the following ordered 11
to protect a named person or persons: 12
(i) A probation term or condition. 13
(ii) A parole term or condition. 14
(iii) A personal protection order term or condition. 15
(iv) A bond or bail condition or any condition of pretrial 16
release. 17
(5) Home invasion in the first degree is a felony punishable 18
by imprisonment for life or any term of years but not more less 19
than 20 10 years or a fine of not more than $5,000.00, or both. 20
(6) Home invasion in the second degree is a felony punishable 21
by imprisonment for life or any term of years but not more less 22
than 15 5 years or a fine of not more than $3,000.00, or both. 23
(7) Home invasion in the third degree is a felony punishable 24
by imprisonment for life or any term of years but not more less 25
than 5 years or a fine of not more than $2,000.00, or both. 26
(8) The court may order a term of imprisonment imposed for 27
home invasion in the first degree to be served consecutively to any 28
term of imprisonment imposed for any other criminal offense arising 29
20

ELF H02202'25_HB5917_INTR_1 b2ey6p
from the same transaction. 1
(9) Imposition of a penalty under this section does not bar 2
imposition of a penalty under any other applicable law. 3
Sec. 111. Any person An individual who, without breaking, 4
enters any dwelling, house, tent, hotel, office, store, shop, 5
warehouse, barn, granary, factory or other building, boat, ship, 6
shipping container, railroad car, or structure used or kept for 7
public or private use, or any private apartment therein, with 8
intent to commit a felony or any larceny therein, is guilty of a 9
felony punishable by imprisonment for life or any term of years but 10
not less than 2 more than 5 years and 6 months or a fine of not 11
more than $2,500.00. 12
Sec. 122. (1) A person shall not give, offer to give, or 13
promise anything of value to an individual for any of the following 14
purposes: 15
(a) To discourage any individual from attending a present or 16
future official proceeding as a witness, testifying at a present or 17
future official proceeding, or giving information at a present or 18
future official proceeding. 19
(b) To influence any individual's testimony at a present or 20
future official proceeding. 21
(c) To encourage any individual to avoid legal process, to 22
withhold testimony, or to testify falsely in a present or future 23
official proceeding. 24
(2) Subsection (1) does not apply to the reimbursement or 25
payment of reasonable costs for any witness to provide a statement 26
to testify truthfully or provide truthful information in an 27
official proceeding as provided for under section 16 of the uniform 28
condemnation procedures act, 1980 PA 87, MCL 213.66, or section 29
21

ELF H02202'25_HB5917_INTR_1 b2ey6p
2164 of the revised judicature act of 1961, 1961 PA 236, MCL 1
600.2164, or court rule. 2
(3) A person shall not do any of the following by threat or 3
intimidation: 4
(a) Discourage or attempt to discourage any individual from 5
attending a present or future official proceeding as a witness, 6
testifying at a present or future official proceeding, or giving 7
information at a present or future official proceeding. 8
(b) Influence or attempt to influence testimony at a present 9
or future official proceeding. 10
(c) Encourage or attempt to encourage any individual to avoid 11
legal process, to withhold testimony, or to testify falsely in a 12
present or future official proceeding. 13
(4) It is an affirmative defense under subsections (1) and 14
(3), for which the defendant has the burden of proof by a 15
preponderance of the evidence, that the conduct consisted solely of 16
lawful conduct and that the defendant's sole intention was to 17
encourage, induce, or cause the other person to testify or provide 18
evidence truthfully. 19
(5) Subsections (1) and (3) do not apply to any of the 20
following: 21
(a) The lawful conduct of an attorney in the performance of 22
his or her duties, such as advising a client. 23
(b) The lawful conduct or communications of a person as 24
permitted by statute or other lawful privilege. 25
(6) A person shall not willfully impede, interfere with, 26
prevent, or obstruct or attempt to willfully impede, interfere 27
with, prevent, or obstruct the ability of a witness to attend, 28
testify, or provide information in or for a present or future 29
22

ELF H02202'25_HB5917_INTR_1 b2ey6p
official proceeding. 1
(7) A person who violates this section is guilty of a crime as 2
follows: 3
(a) Except as provided in subdivisions (b) and (c), the person 4
is guilty of a felony punishable by imprisonment for life or any 5
term of years but not more less than 4 2 years and 6 months or a 6
fine of not more than $5,000.00, or both. 7
(b) If the violation is committed in a criminal case for which 8
the maximum term of imprisonment for the violation is more than 10 9
years, or the violation is punishable by imprisonment for life or 10
any term of years, the person is guilty of a felony punishable by 11
imprisonment for life or any term of years but not more less than 12
10 5 years or a fine of not more than $20,000.00, or both. 13
(c) If the violation involves committing or attempting to 14
commit a crime or a threat to kill or injure any person or to cause 15
property damage, the person is guilty of a felony punishable by 16
imprisonment for life or any term of years but not more less than 17
15 10 years or a fine of not more than $25,000.00, or both. 18
(8) A person who retaliates, attempts to retaliate, or 19
threatens to retaliate against another person for having been a 20
witness in an official proceeding is guilty of a felony punishable 21
by imprisonment for life or any term of years but not more than 10 22
less than 5 years or a fine of not more than $20,000.00, or both. 23
As used in this subsection, "retaliate" means to do any of the 24
following: 25
(a) Commit or attempt to commit a crime against any person. 26
(b) Threaten to kill or injure any person or threaten to cause 27
property damage. 28
(9) This section applies regardless of whether an official 29
23

ELF H02202'25_HB5917_INTR_1 b2ey6p
proceeding actually takes place or is pending or whether the 1
individual has been subpoenaed or otherwise ordered to appear at 2
the official proceeding if the person knows or has reason to know 3
the other person could be a witness at any official proceeding. 4
(10) This section does not prohibit a person from being 5
charged with, convicted of, or punished for any other violation of 6
law arising out of the same transaction as the violation of this 7
section. 8
(11) The court may order a term of imprisonment imposed for 9
violating this section to be served consecutively to a term of 10
imprisonment imposed for the commission of any other crime 11
including any other violation of law arising out of the same 12
transaction as the violation of this section. 13
(12) As used in this section: 14
(a) "Official proceeding" means a proceeding heard before a 15
legislative, judicial, administrative, or other governmental agency 16
or official authorized to hear evidence under oath, including a 17
referee, prosecuting attorney, hearing examiner, commissioner, 18
notary, or other person taking testimony or deposition in that 19
proceeding. 20
(b) "Threaten or intimidate" does not mean a communication 21
regarding the otherwise lawful access to courts or other branches 22
of government, such as the otherwise lawful filing of any civil 23
action or police report of which the purpose is not to harass the 24
other person in violation of section 2907 of the revised judicature 25
act of 1961, 1961 PA 236, MCL 600.2907. 26
Sec. 136b. (1) As used in this section: 27
(a) "Child" means a person who is less than 18 years of age 28
and is not emancipated by operation of law as provided in section 4 29
24

ELF H02202'25_HB5917_INTR_1 b2ey6p
of 1968 PA 293, MCL 722.4. 1
(b) "Cruel" means brutal, inhuman, sadistic, or that which 2
torments. 3
(c) "Omission" means a willful failure to provide food, 4
clothing, or shelter necessary for a child's welfare or willful 5
abandonment of a child. 6
(d) "Person" means a child's parent or guardian or any other 7
person who cares for, has custody of, or has authority over a child 8
regardless of the length of time that a child is cared for, in the 9
custody of, or subject to the authority of that person. 10
(e) "Physical harm" means any injury to a child's physical 11
condition. 12
(f) "Serious physical harm" means any physical injury to a 13
child that seriously impairs the child's health or physical well-14
being, including, but not limited to, brain damage, a skull or bone 15
fracture, subdural hemorrhage or hematoma, dislocation, sprain, 16
internal injury, poisoning, burn or scald, or severe cut. 17
(g) "Serious mental harm" means an injury to a child's mental 18
condition or welfare that is not necessarily permanent but results 19
in visibly demonstrable manifestations of a substantial disorder of 20
thought or mood which that significantly impairs judgment, 21
behavior, capacity to recognize reality, or ability to cope with 22
the ordinary demands of life. 23
(2) A person is guilty of child abuse in the first degree if 24
the person knowingly or intentionally causes serious physical harm 25
or serious mental harm to a child. Child abuse in the first degree 26
is a felony punishable by imprisonment for life or any term of 27
years but not less than 15 years. 28
(3) A person is guilty of child abuse in the second degree if 29
25

ELF H02202'25_HB5917_INTR_1 b2ey6p
any of the following apply: 1
(a) The person's omission causes serious physical harm or 2
serious mental harm to a child or if the person's reckless act 3
causes serious physical harm or serious mental harm to a child. 4
(b) The person knowingly or intentionally commits an act 5
likely to cause serious physical or mental harm to a child 6
regardless of whether harm results. 7
(c) The person knowingly or intentionally commits an act that 8
is cruel to a child regardless of whether harm results. 9
(d) The person or a licensee, as licensee is defined in 10
section 1 of 1973 PA 116, MCL 722.111, violates section 15(2) of 11
1973 PA 116, MCL 722.125. 12
(4) Child abuse in the second degree is a felony punishable by 13
imprisonment as follows: 14
(a) For a first offense, not more than 10 years. 15
(b) For an offense following a prior conviction, not more than 16
20 years.for life or any term of years but not less than 10 years. 17
(5) A person is guilty of child abuse in the third degree if 18
any of the following apply: 19
(a) The person knowingly or intentionally causes physical harm 20
to a child. 21
(b) The person knowingly or intentionally commits an act that 22
under the circumstances poses an unreasonable risk of harm or 23
injury to a child, and the act results in physical harm to a child. 24
(6) Child abuse in the third degree is a felony punishable by 25
imprisonment as follows: 26
(a) For a first offense, not more than 2 years. 27
(b) For an offense following a prior conviction, not more than 28
5 years.for life or any term of years but not less than 4 years. 29
26

ELF H02202'25_HB5917_INTR_1 b2ey6p
(7) A person is guilty of child abuse in the fourth degree if 1
any of the following apply: 2
(a) The person's omission or reckless act causes physical harm 3
to a child. 4
(b) The person knowingly or intentionally commits an act that 5
under the circumstances poses an unreasonable risk of harm or 6
injury to a child, regardless of whether physical harm results. 7
(8) Child abuse in the fourth degree is a crime punishable as 8
follows: 9
(a) For a first offense, a misdemeanor punishable by 10
imprisonment for not more than 1 year. 11
(b) For an offense following a prior conviction, a felony 12
punishable by imprisonment for not more than 2 years. 13
(9) This section does not prohibit a parent or guardian, or 14
other person permitted by law or authorized by the parent or 15
guardian, from taking steps to reasonably discipline a child, 16
including the use of reasonable force. 17
(10) It is an affirmative defense to a prosecution under this 18
section that the defendant's conduct involving the child was a 19
reasonable response to an act of domestic violence in light of all 20
the facts and circumstances known to the defendant at that time. 21
The defendant has the burden of establishing the affirmative 22
defense by a preponderance of the evidence. As used in this 23
subsection, "domestic violence" means that term as defined in 24
section 1 of 1978 PA 389, MCL 400.1501. 25
(11) If the prosecuting attorney intends to seek an enhanced 26
sentence based upon the defendant having 1 or more prior 27
convictions, the prosecuting attorney shall include on the 28
complaint and information a statement listing the prior conviction 29
27

ELF H02202'25_HB5917_INTR_1 b2ey6p
or convictions. The existence of the defendant's prior conviction 1
or convictions must be determined by the court, without a jury, at 2
sentencing or at a separate hearing for that purpose before 3
sentencing. The existence of a prior conviction may be established 4
by any evidence relevant for that purpose, including, but not 5
limited to, 1 or more of the following: 6
(a) A copy of the judgment of conviction. 7
(b) A transcript of a prior trial, plea-taking, or sentencing. 8
(c) Information contained in a presentence report. 9
(d) The defendant's statement. 10
(12) As used in this section, "prior conviction" means a 11
violation of this section or a violation of a law of another state 12
substantially corresponding to this section. 13
Sec. 145a. A person who accosts, entices, or solicits a child 14
less than 16 years of age, regardless of whether the person knows 15
the individual is a child or knows the actual age of the child, or 16
an individual whom he or she believes is a child less than 16 years 17
of age with the intent to induce or force that child or individual 18
to commit an immoral act, to submit to an act of sexual intercourse 19
or an act of gross indecency, or to any other act of depravity or 20
delinquency, or who encourages a child less than 16 years of age, 21
regardless of whether the person knows the individual is a child or 22
knows the actual age of the child, or an individual whom he or she 23
believes is a child less than 16 years of age to engage in any of 24
those acts is guilty of a felony punishable by and the court shall 25
sentence the person to imprisonment for not more less than 4 5 26
years or and may impose a fine of not more than $4,000.00, or both. 27
Sec. 145c. (1) As used in this section: 28
(a) "Access" means to intentionally cause to be viewed by or 29
28

ELF H02202'25_HB5917_INTR_1 b2ey6p
transmitted to a person. 1
(b) "Appears to include a child" means that the depiction 2
appears to include, or conveys the impression that it includes, a 3
person who is less than 18 years of age, and the depiction meets 4
either of the following conditions: 5
(i) It was created using a depiction of any part of an actual 6
person under the age of 18 years of age. 7
(ii) It was not created using a depiction of any part of an 8
actual person under the age of 18 years of age, but all of the 9
following apply to that depiction: 10
(A) The average individual, applying contemporary community 11
standards, would find the depiction, taken as a whole, appeals to 12
the prurient interest. 13
(B) The reasonable person would find the depiction, taken as a 14
whole, lacks serious literary, artistic, political, or scientific 15
value. 16
(C) The depiction depicts or describes a listed sexual act in 17
a patently offensive way. 18
(c) "Child" means a person who is less than 18 years of age, 19
subject to the affirmative defense created in subsection (7) 20
regarding persons emancipated by operation of law. 21
(d) "Commercial film or photographic print processor" means a 22
person or his or her employee who, for compensation, develops 23
exposed photographic film into movie films, negatives, slides, or 24
prints; makes prints from negatives or slides; or duplicates movie 25
films or videotapes. 26
(e) "Computer technician" means a person who installs, 27
maintains, troubleshoots, upgrades, or repairs computer hardware, 28
software, personal computer networks, or peripheral equipment. 29
29

ELF H02202'25_HB5917_INTR_1 b2ey6p
(f) "Contemporary community standards" means the customary 1
limits of candor and decency in this state at or near the time of 2
the alleged violation of this section. 3
(g) "Erotic fondling" means touching a person's clothed or 4
unclothed genitals, pubic area, buttocks, or, if the person is 5
female, breasts, or if the person is a child, the developing or 6
undeveloped breast area, for the purpose of real or simulated overt 7
sexual gratification or stimulation of 1 or more of the persons 8
involved. Erotic fondling does not include physical contact, even 9
if affectionate, that is not for the purpose of real or simulated 10
overt sexual gratification or stimulation of 1 or more of the 11
persons involved. 12
(h) "Erotic nudity" means the lascivious exhibition of the 13
genital, pubic, or rectal area of any person. As used in this 14
subdivision, "lascivious" means wanton, lewd, and lustful and 15
tending to produce voluptuous or lewd emotions. 16
(i) "Listed sexual act" means sexual intercourse, erotic 17
fondling, sadomasochistic abuse, masturbation, passive sexual 18
involvement, sexual excitement, or erotic nudity. 19
(j) "Make" means to bring into existence by copying, shaping, 20
changing, or combining material, and specifically includes, but is 21
not limited to, intentionally creating a reproduction, copy, or 22
print of child sexually abusive material, in whole or part. Make 23
does not include the creation of an identical reproduction or copy 24
of child sexually abusive material within the same digital storage 25
device or the same piece of digital storage media. 26
(k) "Masturbation" means the real or simulated touching, 27
rubbing, or otherwise stimulating of a person's own clothed or 28
unclothed genitals, pubic area, buttocks, or, if the person is 29
30

ELF H02202'25_HB5917_INTR_1 b2ey6p
female, breasts, or if the person is a child, the developing or 1
undeveloped breast area, either by manual manipulation or self-2
induced or with an artificial instrument, for the purpose of real 3
or simulated overt sexual gratification or arousal of the person. 4
(l) "Passive sexual involvement" means an act, real or 5
simulated, that exposes another person to or draws another person's 6
attention to an act of sexual intercourse, erotic fondling, 7
sadomasochistic abuse, masturbation, sexual excitement, or erotic 8
nudity because of viewing any of these acts or because of the 9
proximity of the act to that person, for the purpose of real or 10
simulated overt sexual gratification or stimulation of 1 or more of 11
the persons involved. 12
(m) "Prurient interest" means a shameful or morbid interest in 13
nudity, sex, or excretion. 14
(n) "Child sexually abusive activity" means a child engaging 15
in a listed sexual act. 16
(o) "Child sexually abusive material" means any depiction, 17
whether made or produced by electronic, mechanical, or other means, 18
including a developed or undeveloped photograph, picture, film, 19
slide, video, electronic visual image, computer diskette, computer 20
or computer-generated image, or picture, or sound recording which 21
that is of a child or appears to include a child engaging in a 22
listed sexual act; a book, magazine, computer, computer storage 23
device, or other visual or print or printable medium containing 24
such a photograph, picture, film, slide, video, electronic visual 25
image, computer, or computer-generated image, or picture, or sound 26
recording; or any reproduction, copy, or print of such a 27
photograph, picture, film, slide, video, electronic visual image, 28
book, magazine, computer, or computer-generated image, or picture, 29
31

ELF H02202'25_HB5917_INTR_1 b2ey6p
other visual or print or printable medium, or sound recording. 1
(p) "Sadomasochistic abuse" means either of the following: 2
(i) Flagellation or torture, real or simulated, for the purpose 3
of real or simulated sexual stimulation or gratification, by or 4
upon a person. 5
(ii) The condition, real or simulated, of being fettered, 6
bound, or otherwise physically restrained for sexual stimulation or 7
gratification of a person. 8
(q) "Sexual excitement" means the condition, real or 9
simulated, of human male or female genitals in a state of real or 10
simulated overt sexual stimulation or arousal. 11
(r) "Sexual intercourse" means intercourse, real or simulated, 12
whether genital-genital, oral-genital, anal-genital, or oral-anal, 13
whether between persons of the same or opposite sex or between a 14
human and an animal, or with an artificial genital. 15
(2) A person who persuades, induces, entices, coerces, causes, 16
or knowingly allows a child to engage in a child sexually abusive 17
activity for the purpose of producing any child sexually abusive 18
material, or a person who arranges for, produces, makes, copies, 19
reproduces, or finances, or a person who attempts or prepares or 20
conspires to arrange for, produce, make, copy, reproduce, or 21
finance any child sexually abusive activity or child sexually 22
abusive material for personal, distributional, or other purposes if 23
that person knows, has reason to know, or should reasonably be 24
expected to know that the child is a child or that the child 25
sexually abusive material includes a child or that the depiction 26
constituting the child sexually abusive material appears to include 27
a child, or that person has not taken reasonable precautions to 28
determine the age of the child is guilty of a crime as follows: 29
32

ELF H02202'25_HB5917_INTR_1 b2ey6p
(a) Except as provided in subdivision (b), the person is 1
guilty of a felony punishable by imprisonment for life or any term 2
of years but not more less than 20 10 years or a fine of not more 3
than $100,000.00, or both. 4
(b) If the child sexually abusive activity or child sexually 5
abusive material involves a prepubescent child, sadomasochistic 6
abuse or bestiality, or includes a video or more than 100 images of 7
child sexually abusive material, the person is guilty of a felony 8
punishable by imprisonment for life or any term of years but not 9
more less than 25 15 years or a fine of not more than $125,000.00, 10
or both. 11
(3) Except as provided in subsection (14), a person who 12
distributes or promotes, or finances the distribution or promotion 13
of, or receives for the purpose of distributing or promoting, or 14
conspires, attempts, or prepares to distribute, receive, finance, 15
or promote any child sexually abusive material or child sexually 16
abusive activity if that person knows, has reason to know, or 17
should reasonably be expected to know that the child is a child or 18
that the child sexually abusive material includes a child or that 19
the depiction constituting the child sexually abusive material 20
appears to include a child, or that person has not taken reasonable 21
precautions to determine the age of the child is guilty of a crime 22
as follows: 23
(a) Except as provided in subdivision (b), the person is 24
guilty of a felony punishable by imprisonment for life or any term 25
of years but not more less than 7 10 years or a fine of not more 26
than $50,000.00, or both. 27
(b) If the child sexually abusive activity or child sexually 28
abusive material involves a prepubescent child, sadomasochistic 29
33

ELF H02202'25_HB5917_INTR_1 b2ey6p
abuse or bestiality, or includes a video or more than 100 images of 1
child sexually abusive material, the person is guilty of a felony 2
punishable by imprisonment for life or any term of years but not 3
more less than 15 years or a fine of not more than $75,000.00, or 4
both. 5
(4) A person who knowingly possesses or knowingly seeks and 6
accesses any child sexually abusive material if that person knows, 7
has reason to know, or should reasonably be expected to know the 8
child is a child or that the child sexually abusive material 9
includes a child or that the depiction constituting the child 10
sexually abusive material appears to include a child, or that 11
person has not taken reasonable precautions to determine the age of 12
the child is guilty of a crime as follows: 13
(a) Except as provided in subdivision (b) and section 145g, 14
the person is guilty of a felony punishable by imprisonment for 15
life or any term of years but not more less than 4 years or a fine 16
of not more than $10,000.00, or both. 17
(b) If the child sexually abusive activity or child sexually 18
abusive material involves a prepubescent child, sadomasochistic 19
abuse or bestiality, or includes a video or more than 100 images of 20
child sexually abusive material, the person is guilty of a felony 21
punishable by imprisonment for life or any term of years but not 22
more less than 10 12 years and 6 months or a fine of not more than 23
$50,000.00, or both. 24
(5) Subsection (4) does not apply to any of the following: 25
(a) A person described in section 7 of 1984 PA 343, MCL 26
752.367, a commercial film or photographic print processor acting 27
under subsection (9), or a computer technician acting under 28
subsection (10). 29
34

ELF H02202'25_HB5917_INTR_1 b2ey6p
(b) A police officer acting within the scope of his or her 1
duties as a police officer. 2
(c) An employee or contract agent of the department of health 3
and human services acting within the scope of his or her duties as 4
an employee or contract agent. 5
(d) A judicial officer or judicial employee acting within the 6
scope of his or her duties as a judicial officer or judicial 7
employee. 8
(e) A party or witness in a criminal or civil proceeding 9
acting within the scope of that criminal or civil proceeding. 10
(f) A physician, psychologist, limited license psychologist, 11
professional counselor, or registered nurse licensed under the 12
public health code, 1978 PA 368, MCL 333.1101 to 333.25211, acting 13
within the scope of practice for which he or she is licensed. 14
(g) A social worker registered in this state under article 15 15
of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, 16
acting within the scope of practice for which he or she is 17
registered. 18
(6) Expert testimony as to the age of the child used in a 19
child sexually abusive material or a child sexually abusive 20
activity is admissible as evidence in court and may be a legitimate 21
basis for determining age, if age is not otherwise proven. 22
(7) It is an affirmative defense to a prosecution under this 23
section that the alleged child is a person who is emancipated by 24
operation of law under section 4(2) of 1968 PA 293, MCL 722.4, as 25
proven by a preponderance of the evidence. 26
(8) If a defendant in a prosecution under this section 27
proposes to offer in his or her defense evidence to establish that 28
a depiction that appears to include a child was not, in fact, 29
35

ELF H02202'25_HB5917_INTR_1 b2ey6p
created using a depiction of any part of an actual person under the 1
age of 18 years of age, the defendant shall at the time of the 2
arraignment on the information or within 15 days after arraignment 3
but not less than 10 days before the trial of the case, or at such 4
other time as the court directs, file and serve upon the 5
prosecuting attorney of record a notice in writing of his or her 6
intention to offer that defense. The notice must contain, as 7
particularly as is known to the defendant or the defendant's 8
attorney, the names of witnesses to be called on behalf of the 9
defendant to establish that defense. The defendant's notice must 10
include specific information as to the facts that establish that 11
the depiction was not, in fact, created using a depiction of any 12
part of an actual person under the age of 18 years of age. Failure 13
to file a timely notice in conformance with this subsection 14
precludes a defendant from offering this defense. 15
(9) If a commercial film or photographic print processor 16
reports to a law enforcement agency having jurisdiction his or her 17
knowledge or observation, within the scope of his or her 18
professional capacity or employment, of a film, photograph, movie 19
film, videotape, negative, or slide depicting a person that the 20
processor has reason to know or reason to believe is a child 21
engaged in a listed sexual act; furnishes a copy of the film, 22
photograph, movie film, videotape, negative, or slide to a law 23
enforcement agency having jurisdiction; or keeps the film, 24
photograph, movie film, videotape, negative, or slide according to 25
the law enforcement agency's instructions, both of the following 26
apply: 27
(a) The identity of the processor must be confidential, 28
subject to disclosure only with his or her consent or by judicial 29
36

ELF H02202'25_HB5917_INTR_1 b2ey6p
process. 1
(b) If the processor acted in good faith, he or she is immune 2
from civil liability that might otherwise be incurred by his or her 3
actions. This immunity extends only to acts described in this 4
subsection. 5
(10) If a computer technician reports to a law enforcement 6
agency having jurisdiction his or her knowledge or observation, 7
within the scope of his or her professional capacity or employment, 8
of an electronic visual image, computer-generated image or picture 9
or sound recording depicting a person that the computer technician 10
has reason to know or reason to believe is a child engaged in a 11
listed sexual act; furnishes a copy of that image, picture, or 12
sound recording to the law enforcement agency; or keeps the image, 13
picture, or sound recording according to the law enforcement 14
agency's instructions, both of the following apply: 15
(a) The identity of the computer technician must be 16
confidential, subject to disclosure only with his or her consent or 17
by judicial process. 18
(b) If the computer technician acted in good faith, he or she 19
is immune from civil liability that might otherwise be incurred by 20
his or her actions. This immunity extends only to acts described in 21
this subsection. 22
(11) In any criminal proceeding regarding an alleged violation 23
or attempted violation of this section, the court shall deny any 24
request by the defendant to copy, photograph, duplicate, or 25
otherwise reproduce any photographic or other pictorial evidence of 26
a child engaging in a listed sexual act if the prosecuting attorney 27
makes that evidence reasonably available to the defendant. Evidence 28
is considered to be reasonably available to the defendant under 29
37

ELF H02202'25_HB5917_INTR_1 b2ey6p
this subsection if the prosecuting attorney provides an opportunity 1
to the defendant and his or her attorney, and any person the 2
defendant may seek to qualify as an expert witness at trial, to 3
inspect, view, and examine that evidence at a facility approved by 4
the prosecuting attorney. 5
(12) This section applies uniformly throughout the state and 6
all political subdivisions and municipalities in the state. 7
(13) A local municipality or political subdivision shall not 8
enact any ordinance or enforce any existing ordinance, rule, or 9
regulation governing child sexually abusive activity or child 10
sexually abusive material. 11
(14) Subsection (3) does not apply to the persons described in 12
section 7 of 1984 PA 343, MCL 752.367. 13
Sec. 159j. (1) A person who violates section 159i is guilty of 14
a felony punishable by imprisonment for life or any term of years 15
but not more less than 20 10 years or a fine of not more than 16
$100,000.00, or both. 17
(2) In addition to any penalty imposed under subsection (1), 18
the court may do 1 or more of the following with respect to a 19
person convicted under section 159i: 20
(a) Order the person to pay court costs. 21
(b) Order the person to pay to the state or local law 22
enforcement agency that handled the investigation and prosecution 23
the costs of the investigation and prosecution that are reasonably 24
incurred. 25
(3) The court shall hold a hearing to determine the amount of 26
court costs and other costs to be imposed under subsection (2). 27
(4) The court shall order a person convicted of a violation of 28
section 159i to criminally forfeit to the state any real, personal, 29
38

ELF H02202'25_HB5917_INTR_1 b2ey6p
or intangible property in which he or she has an interest and that 1
was used in the course of, intended for use in the course of, 2
derived from, or realized through conduct in violation of section 3
159i, including any property constituting an interest in, means of 4
control over, or influence over the enterprise involved in the 5
violation and any property constituting proceeds derived from the 6
violation. The court's authority under this subsection also 7
includes, but is not limited to, the authority to do any of the 8
following: 9
(a) Order the convicted person to divest himself or herself of 10
any interest, direct or indirect, in the enterprise. 11
(b) Impose reasonable restrictions on the future activities or 12
investments of the convicted person, including prohibiting the 13
convicted person from engaging in the same type of endeavor as the 14
enterprise engaged in. 15
(c) Order the dissolution or reorganization of an enterprise 16
upon finding that, for the prevention of future criminal activity, 17
the public interest requires the dissolution or reorganization. 18
This subdivision does not apply to the extent that an order of 19
dissolution or reorganization is preempted by chapter 7 of the 20
national labor relations act, 29 USC 141 to 187. 21
(d) Order the suspension or revocation of a license, permit, 22
or prior approval granted to an enterprise by any agency of the 23
state, county, or other political subdivision upon finding that, 24
for the prevention of future criminal activity, the public interest 25
requires the suspension or revocation. 26
(e) Order the surrender of the charter of a corporation 27
organized under the laws of this state or the revocation of a 28
certificate authorizing a foreign corporation to conduct business 29
39

ELF H02202'25_HB5917_INTR_1 b2ey6p
within this state upon finding that the board of directors or a 1
managerial agent acting on behalf of the corporation, in conducting 2
the affairs of the corporation, authorized or engaged in 3
racketeering and, for the prevention of future criminal activity, 4
that the public interest requires that the charter or certificate 5
of the corporation be surrendered or revoked. 6
(5) A sentence ordering criminal forfeiture under this section 7
shall not be entered unless the indictment or information alleges 8
the extent of the property subject to forfeiture, or unless the 9
sentence requires the forfeiture of property that was not 10
reasonably foreseen to be subject to forfeiture at the time of the 11
indictment or information, if the prosecuting agency gave prompt 12
notice to the defendant of the property not reasonably foreseen to 13
be subject to forfeiture when it was discovered to be forfeitable. 14
(6) Reasonable attorney fees for representation in an action 15
under this chapter are not subject to criminal forfeiture under 16
this chapter. 17
(7) At sentencing and following a hearing, the court shall 18
determine the extent of the property subject to forfeiture, if any, 19
and shall enter an order of forfeiture. The court may base its 20
determination on evidence in the trial record. 21
(8) If any property included in the order of forfeiture under 22
this section cannot be located or has been sold to a bona fide 23
purchaser for value, placed beyond the jurisdiction of the court, 24
substantially diminished in value by the conduct of the defendant, 25
or commingled with other property that cannot be divided without 26
difficulty or undue injury to innocent persons, the court shall 27
order forfeiture of any other reachable property of the defendant 28
up to the value of the property that is unreachable. 29
40

ELF H02202'25_HB5917_INTR_1 b2ey6p
(9) All property ordered forfeited under this section shall be 1
retained by the law enforcement agency that seized it for disposal 2
pursuant to section 159r. 3
(10) The seizing agency may deposit money seized under this 4
section into an interest-bearing account in a financial 5
institution. As used in this subsection, "financial institution" 6
means a state or nationally chartered bank or a state or federally 7
chartered savings and loan association, savings bank, or credit 8
union whose deposits are insured by an agency of the United States 9
government and that maintains a principal office or branch office 10
located in this state under the laws of this state or the United 11
States. 12
(11) An attorney for a person who is charged with a violation 13
of section 159i involving or related to money seized by a law 14
enforcement agency that is subject to criminal forfeiture under 15
this section shall be afforded a period of 60 days within which to 16
examine that money. This 60-day period shall begin to run after 17
notice of forfeiture is given but before the money is deposited 18
into a financial institution under subsection (10). If the 19
prosecuting agency fails to sustain its burden of proof in criminal 20
proceedings under section 159i, the court shall order the return of 21
the money, including any interest earned on money deposited into a 22
financial institution under subsection (10). 23
(12) An order of criminal forfeiture entered under this 24
section shall authorize an appropriate law enforcement agency to 25
seize the property declared criminally forfeited under this section 26
upon those terms and conditions relating to the time and manner of 27
seizure the court determines proper. 28
(13) Criminal penalties under this section are not mutually 29
41

ELF H02202'25_HB5917_INTR_1 b2ey6p
exclusive and do not preclude the application of any other criminal 1
or civil remedy under this section or any other provision of law. 2
Sec. 174. (1) A person who as the agent, servant, or employee 3
of another person, governmental entity within this state, or other 4
legal entity or who as the trustee, bailee, or custodian of the 5
property of another person, governmental entity within this state, 6
or other legal entity fraudulently disposes of or converts to his 7
or her own use, or takes or secretes with the intent to convert to 8
his or her own use without the consent of his or her principal, any 9
money or other personal property of his or her principal that has 10
come to that person's possession or that is under his or her charge 11
or control by virtue of his or her being an agent, servant, 12
employee, trustee, bailee, or custodian, is guilty of embezzlement. 13
(2) If the money or other personal property embezzled has a 14
value of less than $200.00, the person is guilty of a misdemeanor 15
punishable by imprisonment for not more than 93 days or a fine of 16
not more than $500.00 or 3 times the value of the money or property 17
embezzled, whichever is greater, or both imprisonment and a fine. 18
(3) If any of the following apply, the person is guilty of a 19
misdemeanor punishable by imprisonment for not more than 1 year or 20
a fine of not more than $2,000.00 or 3 times the value of the money 21
or other property embezzled, whichever is greater, or both 22
imprisonment and a fine: 23
(a) The money or other personal property embezzled has a value 24
of $200.00 or more but less than $1,000.00. 25
(b) The person violates subsection (2) and has 1 or more prior 26
convictions for committing or attempting to commit an offense under 27
this section or a local ordinance substantially corresponding to 28
this section. 29
42

ELF H02202'25_HB5917_INTR_1 b2ey6p
(c) The person violates subsection (2) and the victim is a 1
nonprofit corporation or charitable organization under federal law 2
or the laws of this state. 3
(4) If any of the following apply, the person is guilty of a 4
felony punishable by imprisonment for life or any term of years but 5
not more less than 5 years 1 year or a fine of not more than 6
$10,000.00 or 3 times the value of the money or other property 7
embezzled, whichever is greater, or both imprisonment and a fine: 8
(a) The money or other personal property embezzled has a value 9
of $1,000.00 or more but less than $20,000.00. 10
(b) The person violates subsection (3)(a) or (c) and has 1 or 11
more prior convictions for committing or attempting to commit an 12
offense under this section. For purposes of this subdivision, 13
however, a prior conviction does not include a conviction for a 14
violation or attempted violation of subsection (2) or (3)(b). 15
(c) The person violates subsection (3)(a) and the victim is a 16
nonprofit corporation or charitable organization under federal law 17
or the laws of this state. 18
(5) If any of the following apply, the person is guilty of a 19
felony punishable by imprisonment for not more than 10 years or a 20
fine of not more than $15,000.00 or 3 times the value of the money 21
or other property embezzled, whichever is greater, or both 22
imprisonment and a fine: 23
(a) The money or other personal property embezzled has a value 24
of $20,000.00 or more but less than $50,000.00. 25
(b) The person violates subsection (4)(a) or (c) and has 2 or 26
more prior convictions for committing or attempting to commit an 27
offense under this section. For purposes of this subdivision, 28
however, a prior conviction does not include a conviction for a 29
43

ELF H02202'25_HB5917_INTR_1 b2ey6p
violation or attempted violation of subsection (2) or (3)(b). 1
(c) The person violates subsection (4)(a) and the victim is a 2
nonprofit corporation or charitable organization under federal law 3
or the laws of this state. 4
(6) If the money or other personal property embezzled has a 5
value of $50,000.00 or more but less than $100,000.00, the person 6
is guilty of a felony punishable by imprisonment for life or any 7
term of years but not more than 15 less than 7 years and 6 months 8
or a fine of not more than $25,000.00 or 3 times the value of the 9
money or property embezzled, whichever is greater, or both 10
imprisonment and a fine. 11
(7) If the money or other personal property embezzled has a 12
value of $100,000.00 or more, the person is guilty of a felony 13
punishable by imprisonment for life or any term of years but not 14
more than 20 less than 10 years or a fine of not more than 15
$50,000.00 or 3 times the value of the money or property embezzled, 16
whichever is greater, or both imprisonment and a fine. 17
(8) Except as otherwise provided in this subsection, the 18
values of money or other personal property embezzled in separate 19
incidents pursuant to a scheme or course of conduct within any 12-20
month period may be aggregated to determine the total value of 21
money or personal property embezzled. If the scheme or course of 22
conduct is directed against only 1 person, governmental entity 23
within this state, or other legal entity, no time limit applies to 24
aggregation under this subsection. 25
(9) If the prosecuting attorney intends to seek an enhanced 26
sentence based upon the defendant having 1 or more prior 27
convictions, the prosecuting attorney shall include on the 28
complaint and information a statement listing the prior conviction 29
44

ELF H02202'25_HB5917_INTR_1 b2ey6p
or convictions. The existence of the defendant's prior conviction 1
or convictions must be determined by the court, without a jury, at 2
sentencing or at a separate hearing for that purpose before 3
sentencing. The existence of a prior conviction may be established 4
by any evidence relevant for that purpose, including, but not 5
limited to, 1 or more of the following: 6
(a) A copy of the judgment of conviction. 7
(b) A transcript of a prior trial, plea-taking, or sentencing. 8
(c) Information contained in a presentence report. 9
(d) The defendant's statement. 10
(10) In a prosecution under this section, the failure, 11
neglect, or refusal of the agent, servant, employee, trustee, 12
bailee, or custodian to pay, deliver, or refund to his or her 13
principal the money or property entrusted to his or her care upon 14
demand is prima facie proof of intent to embezzle. 15
(11) If the sentence for a conviction under this section is 16
enhanced by 1 or more prior convictions, those prior convictions 17
must not be used to further enhance the sentence for the conviction 18
under section 10, 11, or 12 of chapter IX of the code of criminal 19
procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12. 20
(12) The court may order a term of imprisonment imposed for a 21
felony violation of this section to be served consecutively to any 22
term of imprisonment imposed for any other criminal offense if the 23
victim of the violation of this section was any of the following: 24
(a) A nonprofit corporation or charitable organization under 25
federal law or the laws of this state. 26
(b) A person 60 years of age or older. 27
(c) A vulnerable adult as defined in section 174a. 28
(13) As used in this section: 29
45

ELF H02202'25_HB5917_INTR_1 b2ey6p
(a) "Cryptocurrency" means digital currency in which 1
encryption techniques are used to regulate the generation of units 2
of currency and verify the transfer of funds, and that operates 3
independently of a central bank. 4
(b) "Money or other personal property" includes 5
cryptocurrency. 6
Sec. 174a. (1) A person shall not through fraud, deceit, 7
misrepresentation, coercion, or unjust enrichment obtain or use or 8
attempt to obtain or use a vulnerable adult's money or property to 9
directly or indirectly benefit that person knowing or having reason 10
to know the vulnerable adult is a vulnerable adult. 11
(2) If the money or property used or obtained, or attempted to 12
be used or obtained, has a value of less than $200.00, the person 13
is guilty of a misdemeanor punishable by imprisonment for not more 14
than 93 days or a fine of not more than $500.00 or 3 times the 15
value of the money or property used or obtained or attempted to be 16
used or obtained, whichever is greater, or both imprisonment and a 17
fine. 18
(3) If any of the following apply, the person is guilty of a 19
misdemeanor punishable by imprisonment for not more than 1 year or 20
a fine of not more than $2,000.00 or 3 times the value of the money 21
or property used or obtained or attempted to be used or obtained, 22
whichever is greater, or both imprisonment and a fine: 23
(a) The money or property used or obtained, or attempted to be 24
used or obtained, has a value of $200.00 or more but less than 25
$1,000.00. 26
(b) The person violates subsection (2) and has 1 or more prior 27
convictions for committing or attempting to commit an offense under 28
this section. 29
46

ELF H02202'25_HB5917_INTR_1 b2ey6p
(4) If any of the following apply, the person is guilty of a 1
felony punishable by imprisonment for not more than 5 years or a 2
fine of not more than $10,000.00 or 3 times the value of the money 3
or property used or obtained or attempted to be used or obtained, 4
whichever is greater, or both imprisonment and a fine: 5
(a) The money or property used or obtained, or attempted to be 6
used or obtained, has a value of $1,000.00 or more but less than 7
$20,000.00. 8
(b) The person violates subsection (3)(a) and has 1 or more 9
prior convictions for committing or attempting to commit an offense 10
under this section. For purposes of this subdivision, however, a 11
prior conviction does not include a conviction for a violation or 12
attempted violation of subsection (2) or (3)(b). 13
(5) If any of the following apply, the person is guilty of a 14
felony punishable by imprisonment for not more than 10 years or a 15
fine of not more than $15,000.00 or 3 times the value of the money 16
or property used or obtained or attempted to be used or obtained, 17
whichever is greater, or both imprisonment and a fine: 18
(a) The money or property used or obtained, or attempted to be 19
used or obtained, has a value of $20,000.00 or more but less than 20
$50,000.00. 21
(b) The person violates subsection (4)(a) and has 2 or more 22
prior convictions for committing or attempting to commit an offense 23
under this section. For purposes of this subdivision, however, a 24
prior conviction does not include a conviction for a violation or 25
attempted violation of subsection (2) or (3)(b). 26
(6) If any of the following apply, the person is guilty of a 27
felony punishable by imprisonment for life or any term of years but 28
not more less than 15 5 years or a fine of not more than $15,000.00 29
47

ELF H02202'25_HB5917_INTR_1 b2ey6p
or 3 times the value of the money or property used or obtained or 1
attempted to be used or obtained, whichever is greater, or both 2
imprisonment and a fine: 3
(a) The money or property used or obtained, or attempted to be 4
used or obtained, has a value of $50,000.00 or more but less than 5
$100,000.00. 6
(b) The person violates subsection (5)(a) and has 2 or more 7
prior convictions for committing or attempting to commit an offense 8
under this section. For purposes of this subdivision, however, a 9
prior conviction does not include a conviction for a violation or 10
attempted violation of subsection (2) or (3)(b). 11
(7) If any of the following apply, the person is guilty of a 12
felony punishable by imprisonment for not more than 20 years or a 13
fine of not more than $50,000.00 or 3 times the value of the money 14
or property used or obtained or attempted to be used or obtained, 15
whichever is greater, or both imprisonment and a fine: 16
(a) The money or property used or obtained, or attempted to be 17
used or obtained, has a value of $100,000.00 or more. 18
(b) The person violates subsection (6)(a) and has 2 or more 19
prior convictions for committing or attempting to commit an offense 20
under this section. For purposes of this subdivision, however, a 21
prior conviction does not include a conviction for a violation or 22
attempted violation of subsection (2) or (3)(b). 23
(8) Except as otherwise provided in this subsection, the 24
values of money or property used or obtained or attempted to be 25
used or obtained in separate incidents pursuant to a scheme or 26
course of conduct within any 12-month period may be aggregated to 27
determine the total value of money or personal property used or 28
obtained or attempted to be used or obtained. If the scheme or 29
48

ELF H02202'25_HB5917_INTR_1 b2ey6p
course of conduct is directed against only 1 person, no time limit 1
applies to aggregation under this subsection. 2
(9) If the prosecuting attorney intends to seek an enhanced 3
sentence based upon the defendant having 1 or more prior 4
convictions, the prosecuting attorney shall include on the 5
complaint and information a statement listing the prior conviction 6
or convictions. The existence of the defendant's prior conviction 7
or convictions shall be determined by the court, without a jury, at 8
sentencing or at a separate hearing for that purpose before 9
sentencing. The existence of a prior conviction may be established 10
by any evidence relevant for that purpose, including, but not 11
limited to, 1 or more of the following: 12
(a) A copy of the judgment of conviction. 13
(b) A transcript of a prior trial, plea-taking, or sentencing. 14
(c) Information contained in a presentence report. 15
(d) The defendant's statement. 16
(10) If the sentence for a conviction under this section is 17
enhanced by 1 or more prior convictions, those prior convictions 18
shall not be used to further enhance the sentence for the 19
conviction under section 10, 11, or 12 of chapter IX of the code of 20
criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12. 21
(11) A financial institution or a broker or a director, 22
officer, employee, or agent of a financial institution or broker is 23
not in violation of this section while performing duties in the 24
normal course of business of a financial institution or broker or a 25
director, officer, employee, or agent of a financial institution or 26
broker. 27
(12) (13) The court may order a sentence imposed for a 28
violation of subsection (4), (5), (6), or (7) to be served 29
49

ELF H02202'25_HB5917_INTR_1 b2ey6p
consecutively to any other sentence imposed for a violation of this 1
section. 2
(13) (14) This section does not prohibit a person from being 3
charged with, convicted of, or punished for any other violation of 4
law the person commits while violating this section. 5
(14) (15) As used in this section: 6
(a) "Broker" means that term as defined in section 8102 of the 7
uniform commercial code, 1962 PA 174, MCL 440.8102. 8
(b) "Financial institution" means a bank, credit union, saving 9
bank, or a savings and loan chartered under state or federal law or 10
an affiliate of a bank, credit union, saving bank, or savings and 11
loan chartered under state or federal law. 12
(c) "Vulnerable adult" means that term as defined in section 13
145m, whether or not the individual has been determined by the 14
court to be incapacitated. 15
(15) (16) If the office of services to the aging becomes aware 16
of a violation of this section, the office of services to the aging 17
shall promptly report the violation to the department of human 18
services. 19
Sec. 193. (1) A person imprisoned in a prison of this state 20
who breaks prison and escapes, breaks prison though an escape is 21
not actually made, escapes, leaves the prison without being 22
discharged by due process of law, attempts to break prison, or 23
attempts to escape from prison, is guilty of a felony. , punishable 24
by The court shall sentence the person to further imprisonment for 25
life or any term of years but not more than 5 years. less than 1/4 26
of the original sentence to be served as provided in this 27
subsection. The term of the further imprisonment shall be served 28
after the termination, pursuant to law, of the sentence or 29
50

ELF H02202'25_HB5917_INTR_1 b2ey6p
sentences then being served. A prisoner who breaks prison, escapes, 1
attempts to break prison, or attempts to escape, shall be charged 2
with that offense and tried in the courts of the county in which 3
the prison or penal facility to which the prisoner was committed or 4
transferred is located at the time of the breaking, escape, or 5
attempt to break or escape. 6
(2) As used in this section, "prison" means a facility that 7
houses prisoners committed to the jurisdiction of the department of 8
corrections and includes the grounds, farm, shop, road camp, or 9
place of employment operated by the facility or under control of 10
the officers of the facility, the department of corrections, a 11
police officer of this state, or any other person authorized by the 12
department of corrections to have a prisoner under care, custody, 13
or supervision, either in a facility or outside a facility, whether 14
for the purpose of work, medical care, or any other reason. 15
(3) A person who escapes from the lawful custody of a guard, 16
prison official, or an employee while outside the confines of a 17
prison is guilty of a violation of this section. A person, admitted 18
to a facility of the department of mental health from a prison 19
pursuant to sections 1001 to 1006 of the mental health code, 1974 20
PA 258, MCL 330.2001 to 330.2006, who escapes from the mental 21
health facility is guilty of a violation of this section. A person 22
released from prison under a work pass program who violates the 23
terms of the release or fails to return to the place of 24
imprisonment within the time provided is guilty of a violation of 25
this section. A person violating the conditions of a parole is not 26
an escapee under this act. 27
Sec. 195. (1) A person lawfully imprisoned in a jail for a 28
term imposed for a misdemeanor who breaks jail and escapes, breaks 29
51

ELF H02202'25_HB5917_INTR_1 b2ey6p
jail though an escape is not actually made, escapes, leaves the 1
jail without being discharged from the jail by due process of law, 2
or attempts to escape from the jail, is guilty of a felony, 3
punishable by imprisonment for not more than 2 years, or by a fine 4
of not more than $1,000.00, or both. 5
(2) A person lawfully imprisoned in a jail for a term imposed 6
for a felony who breaks jail and escapes, breaks jail though an 7
escape is not actually made, escapes, leaves the jail without being 8
discharged from the jail by due process of law, or attempts to 9
escape from the jail, is guilty of a felony. A person who violates 10
this subsection shall be imprisoned for the unexpired portion of 11
the term of imprisonment the person was serving at the time of the 12
violation, and any The court shall sentence the person to further 13
imprisonment for life or any term of years but not less than 1/4 of 14
the original sentence to be served as provided in this subsection. 15
A term of imprisonment imposed for the violation of this subsection 16
shall begin begins to run at the expiration of that prior term of 17
imprisonment. 18
(3) This section does not apply to a person who left the jail 19
pursuant to a day parole granted for any purpose under section 1 of 20
Act No. 60 of the Public Acts of 1962, being section 801.251 of the 21
Michigan Compiled Laws, 1962 PA 60, MCL 801.251, and who is absent 22
from the jail after the time he or she was required to return to 23
the jail unless the person has the intent to escape from 24
imprisonment. 25
(4) As used in this section, "jail" means a facility that is 26
operated by a local unit of government for the detention of persons 27
charged with, or convicted of, criminal offenses or ordinance 28
violations, or persons found guilty of civil or criminal contempt. 29
52

ELF H02202'25_HB5917_INTR_1 b2ey6p
Sec. 197c. (1) A person lawfully imprisoned in a jail, other 1
place of confinement established by law for any term, or lawfully 2
imprisoned for any purpose at any other place, including, but not 3
limited to, hospitals and other health care facilities or awaiting 4
examination, trial, arraignment, sentence, or after sentence 5
awaiting or during transfer to or from a prison, for a crime or 6
offense, or charged with a crime or offense who, without being 7
discharged from the place of confinement, or other lawful 8
imprisonment by due process of law, through the use of violence, 9
threats of violence or dangerous weapons, assaults an employee of 10
the place of confinement or other custodian knowing the person to 11
be an employee or custodian or breaks the place of confinement and 12
escapes, or breaks the place of confinement although an escape is 13
not actually made, is guilty of a felony punishable by and the 14
court shall sentence the person to further imprisonment for life or 15
any term of years but not more than 5 years less than 1/2 of the 16
original sentence or a fine of not more than $2,500.00, or both. 17
(2) As used in this section: 18
(a) "Place of confinement" includes a correctional facility 19
operated by the department of corrections, a local unit of 20
government, or a private vendor under section 20i of 1953 PA 232, 21
MCL 791.220i. 22
(b) "Employee" includes persons who are employed by the place 23
of confinement as independent contractors. 24
Sec. 207. (1) A person shall not place an explosive substance 25
in or near any real or personal property with the intent to 26
frighten, terrorize, intimidate, threaten, harass, injure, or kill 27
any person, or with the intent to damage or destroy any real or 28
personal property without the permission of the property owner or, 29
53

ELF H02202'25_HB5917_INTR_1 b2ey6p
if the property is public property, without the permission of the 1
governmental agency having authority over that property. 2
(2) A person who violates this section is guilty of a crime as 3
follows: 4
(a) Except as otherwise provided in subdivisions (b) to (e), 5
the person is guilty of a felony punishable by imprisonment for 6
life or any term of years but not more less than 15 5 years or a 7
fine of not more than $10,000.00, or both. 8
(b) If the violation damages the property of another person, 9
the person is guilty of a felony punishable by imprisonment for not 10
more than 20 years or a fine of not more than $15,000.00, or both. 11
(c) If the violation causes physical injury to another 12
individual, other than serious impairment of a body function, the 13
person is guilty of a felony punishable by imprisonment for not 14
more than 25 years or a fine of not more than $20,000.00, or both. 15
(d) If the violation causes serious impairment of a body 16
function to another individual, the person is guilty of a felony 17
punishable by imprisonment for life or for any term of years or a 18
fine of not more than $25,000.00, or both. 19
(e) Except as provided in sections 25 and 25a of chapter IX of 20
the code of criminal procedure, 1927 PA 175, MCL 769.25 and 21
769.25a, if the violation causes the death of another individual, 22
the person is guilty of a felony and shall be imprisoned for life 23
without eligibility for parole and may be fined not more than 24
$40,000.00, or both. 25
Sec. 213. Malicious threats to extort money—Any A person who, 26
shall, either orally or by a written or printed communication, 27
maliciously threaten threatens to accuse another of any crime or 28
offense, or shall who orally or by any written or printed 29
54

ELF H02202'25_HB5917_INTR_1 b2ey6p
communication maliciously threaten threatens any injury to the 1
person or property or mother, father, husband, wife, or child of 2
another with the intent thereby to extort money or any pecuniary 3
advantage whatever, or with intent to compel the person so 4
threatened to do or refrain from doing any act against his the 5
person's will, shall be is guilty of a felony , punishable by 6
imprisonment in the state prison for life or any term of years but 7
not less than 5 more than 20 years or by a fine of not more than 8
10,000 dollars.$10,000.00. 9
Sec. 218. (1) A person who, with the intent to defraud or 10
cheat makes or uses a false pretense to do 1 or more of the 11
following is guilty of a crime punishable as provided in this 12
section: 13
(a) Cause a person to grant, convey, assign, demise, lease, or 14
mortgage land or an interest in land. 15
(b) Obtain a person's signature on a forged written 16
instrument. 17
(c) Obtain from a person any money or personal property or the 18
use of any instrument, facility, article, or other valuable thing 19
or service. 20
(d) By means of a false weight or measure obtain a larger 21
amount or quantity of property than was bargained for. 22
(e) By means of a false weight or measure sell or dispose of a 23
smaller amount or quantity of property than was bargained for. 24
(2) If the land, interest in land, money, personal property, 25
use of the instrument, facility, article, or valuable thing, 26
service, larger amount obtained, or smaller amount sold or disposed 27
of has a value of less than $200.00, the person is guilty of a 28
misdemeanor punishable by imprisonment for not more than 93 days or 29
55

ELF H02202'25_HB5917_INTR_1 b2ey6p
a fine of not more than $500.00 or 3 times the value, whichever is 1
greater, or both imprisonment and a fine. 2
(3) If any of the following apply, the person is guilty of a 3
misdemeanor punishable by imprisonment for not more than 1 year or 4
a fine of not more than $2,000.00 or 3 times the value, whichever 5
is greater, or both imprisonment and a fine: 6
(a) The land, interest in land, money, personal property, use 7
of the instrument, facility, article, or valuable thing, service, 8
larger amount obtained, or smaller amount sold or disposed of has a 9
value of $200.00 or more but less than $1,000.00. 10
(b) The person violates subsection (2) and has 1 or more prior 11
convictions for committing or attempting to commit an offense under 12
this section or a local ordinance substantially corresponding to 13
this section. 14
(4) If any of the following apply, the person is guilty of a 15
felony punishable by imprisonment for life or any term of years but 16
not more less than 5 2 years and 6 months or a fine of not more 17
than $10,000.00 or 3 times the value, whichever is greater, or both 18
imprisonment and a fine: 19
(a) The land, interest in land, money, personal property, use 20
of the instrument, facility, article, or valuable thing, service, 21
larger amount obtained, or smaller amount sold or disposed of has a 22
value of $1,000.00 or more but less than $20,000.00. 23
(b) The person violates subsection (3)(a) and has 1 or more 24
prior convictions for committing or attempting to commit an offense 25
under this section. For purposes of this subdivision, however, a 26
prior conviction does not include a conviction for a violation or 27
attempted violation of subsection (2) or (3)(b). 28
(5) If any of the following apply, the person is guilty of a 29
56

ELF H02202'25_HB5917_INTR_1 b2ey6p
felony punishable by imprisonment for life or any term of years but 1
not more less than 15 5 years or a fine of not more than $15,000.00 2
or 3 times the value, whichever is greater, or both imprisonment 3
and a fine: 4
(a) The land, interest in land, money, personal property, use 5
of the instrument, facility, article, or valuable thing, service, 6
larger amount obtained, or smaller amount sold or disposed of has a 7
value of $20,000.00 or more but less than $50,000.00. 8
(b) The person violates subsection (4)(a) and has 2 or more 9
prior convictions for committing or attempting to commit an offense 10
under this section. For purposes of this subdivision, however, a 11
prior conviction does not include a conviction for a violation or 12
attempted violation of subsection (2) or (3)(b). 13
(6) If any of the following apply, the person is guilty of a 14
felony punishable by imprisonment for life or any term of years but 15
not more less than 15 10 years or a fine of not more than 16
$25,000.00 or 3 times the value, whichever is greater, or both 17
imprisonment and a fine: 18
(a) The land, interest in land, money, personal property, use 19
of the instrument, facility, article, or valuable thing, service, 20
larger amount obtained, or smaller amount sold or disposed of has a 21
value of $50,000.00 or more but less than $100,000.00. 22
(b) The person violates subsection (5)(a) and has 2 or more 23
prior convictions for committing or attempting to commit an offense 24
under this section. For purposes of this subdivision, however, a 25
prior conviction does not include a conviction for a violation or 26
attempted violation of subsection (2) or (3)(b). 27
(7) If any of the following apply, the person is guilty of a 28
felony punishable by imprisonment for life or any term of years but 29
57

ELF H02202'25_HB5917_INTR_1 b2ey6p
not more less than 20 15 years or a fine of not more than 1
$35,000.00 or 3 times the value, whichever is greater, or both 2
imprisonment and a fine: 3
(a) The land, interest in land, money, personal property, use 4
of the instrument, facility, article, or valuable thing, service, 5
larger amount obtained, or smaller amount sold or disposed of has a 6
value of $100,000.00 or more. 7
(b) The person violates subsection (6)(a) and has 2 or more 8
prior convictions for committing or attempting to commit an offense 9
under this section. For purposes of this subdivision, however, a 10
prior conviction does not include a conviction for a violation or 11
attempted violation of subsection (2) or (3)(b). 12
(8) The values of land, interest in land, money, personal 13
property, use of the instrument, facility, article, or valuable 14
thing, service, larger amount obtained, or smaller amount sold or 15
disposed of in separate incidents pursuant to a scheme or course of 16
conduct within any 12-month period may be aggregated to determine 17
the total value involved in the violation of this section. 18
(9) If the prosecuting attorney intends to seek an enhanced 19
sentence based upon the defendant having 1 or more prior 20
convictions, the prosecuting attorney shall include on the 21
complaint and information a statement listing the prior conviction 22
or convictions. The existence of the defendant's prior conviction 23
or convictions shall be determined by the court, without a jury, at 24
sentencing or at a separate hearing for that purpose before 25
sentencing. The existence of a prior conviction may be established 26
by any evidence relevant for that purpose, including, but not 27
limited to, 1 or more of the following: 28
(a) A copy of the judgment of conviction. 29
58

ELF H02202'25_HB5917_INTR_1 b2ey6p
(b) A transcript of a prior trial, plea-taking, or sentencing. 1
(c) Information contained in a presentence report. 2
(d) The defendant's statement. 3
(10) If the sentence for a conviction under this section is 4
enhanced by 1 or more prior convictions, those prior convictions 5
shall not be used to further enhance the sentence for the 6
conviction under section 10, 11, or 12 of chapter IX of the code of 7
criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12. 8
(11) As used in this section, "false pretense" includes, but 9
is not limited to, a false or fraudulent representation, writing, 10
communication, statement, or message, communicated by any means to 11
another person, that the maker of the representation, writing, 12
communication, statement, or message knows is false or fraudulent. 13
The false pretense may be a representation regarding a past or 14
existing fact or circumstance or a representation regarding the 15
intention to perform a future event or to have a future event 16
performed. 17
Sec. 224f. (1) Except as provided in subsection (2), a person 18
convicted of a felony shall not possess, use, transport, sell, 19
purchase, carry, ship, receive, or distribute a firearm in this 20
state until the expiration of 3 years after all of the following 21
circumstances exist: 22
(a) The person has paid all fines imposed for the violation. 23
(b) The person has served all terms of imprisonment imposed 24
for the violation. 25
(c) The person has successfully completed all conditions of 26
probation or parole imposed for the violation. 27
(2) A person convicted of a specified felony shall not 28
possess, use, transport, sell, purchase, carry, ship, receive, or 29
59

ELF H02202'25_HB5917_INTR_1 b2ey6p
distribute a firearm in this state until all of the following 1
circumstances exist: 2
(a) The expiration of 5 years after all of the following 3
circumstances exist: 4
(i) The person has paid all fines imposed for the violation. 5
(ii) The person has served all terms of imprisonment imposed 6
for the violation. 7
(iii) The person has successfully completed all conditions of 8
probation or parole imposed for the violation. 9
(b) The person's right to possess, use, transport, sell, 10
purchase, carry, ship, receive, or distribute a firearm has been 11
restored under section 4 of 1927 PA 372, MCL 28.424. 12
(3) Except as provided in subsection (4), a person convicted 13
of a felony shall not possess, use, transport, sell, carry, ship, 14
or distribute ammunition in this state until the expiration of 3 15
years after all of the following circumstances exist: 16
(a) The person has paid all fines imposed for the violation. 17
(b) The person has served all terms of imprisonment imposed 18
for the violation. 19
(c) The person has successfully completed all conditions of 20
probation or parole imposed for the violation. 21
(4) A person convicted of a specified felony shall not 22
possess, use, transport, sell, carry, ship, or distribute 23
ammunition in this state until all of the following circumstances 24
exist: 25
(a) The expiration of 5 years after all of the following 26
circumstances exist: 27
(i) The person has paid all fines imposed for the violation. 28
(ii) The person has served all terms of imprisonment imposed 29
60

ELF H02202'25_HB5917_INTR_1 b2ey6p
for the violation. 1
(iii) The person has successfully completed all conditions of 2
probation or parole imposed for the violation. 3
(b) The person's right to possess, use, transport, sell, 4
purchase, carry, ship, receive, or distribute ammunition has been 5
restored under section 4 of 1927 PA 372, MCL 28.424. 6
(5) A person convicted of a misdemeanor involving domestic 7
violence shall not possess, use, transport, sell, purchase, carry, 8
ship, receive, or distribute a firearm or ammunition in this state 9
until the expiration of 8 years after all of the following 10
circumstances exist: 11
(a) The person has paid all fines imposed for the violation. 12
(b) The person has served all terms of imprisonment imposed 13
for the violation. 14
(c) The person has successfully completed all conditions of 15
probation imposed for the violation. 16
(6) A person who possesses, uses, transports, sells, 17
purchases, carries, ships, receives, or distributes a firearm in 18
violation of this section is guilty of a felony punishable by 19
imprisonment for life or any term of years but not more less than 5 20
10 years or a fine of not more than $5,000.00, or both. 21
(7) A person who possesses, uses, transports, sells, carries, 22
ships, or distributes ammunition in violation of this section is 23
guilty of a felony punishable by imprisonment for life or any term 24
of years but not more less than 5 years or a fine of not more than 25
$5,000.00, or both. 26
(8) Any single criminal transaction where a person possesses, 27
uses, transports, sells, carries, ships, or distributes ammunition 28
in violation of this section, regardless of the amount of 29
61

ELF H02202'25_HB5917_INTR_1 b2ey6p
ammunition involved, constitutes 1 offense. 1
(9) This section does not apply to a conviction that has been 2
expunged or set aside, or for which the person has been pardoned, 3
unless the expunction, order, or pardon expressly provides that the 4
person shall not possess a firearm or ammunition. 5
(10) As used in this section: 6
(a) "Ammunition" means any projectile that, in its current 7
state, may be expelled from a firearm by an explosive. 8
(b) "Felony" means a violation of a law of this state, or of 9
another state, or of the United States that is punishable by 10
imprisonment for a term exceeding 1 year, or an attempt to violate 11
such a law. 12
(c) "Misdemeanor involving domestic violence" means a 13
violation of any of the following: 14
(i) Section 81(2). 15
(ii) Section 81(4) if both the violation of section 81(4) and 16
the previous conviction were for assaulting or assaulting and 17
battering an individual described in section 81(2). 18
(iii) Section 81a(2). 19
(iv) Section 115(2). 20
(v) Section 145n(5). 21
(vi) Section 377a(1)(d) or (f). 22
(vii) Section 380(5) or (7). 23
(viii)Section 411h(2)(c). 24
(ix) Section 540e(1)(h). 25
(x) An ordinance, a law of another state, or a law of the 26
United States that substantially corresponds to a violation listed 27
in subparagraphs (i) to (ix). 28
(xi) An ordinance, a law of another state, or a law of the 29
62

ELF H02202'25_HB5917_INTR_1 b2ey6p
United States that is specifically designated as domestic violence. 1
(d) "Specified felony" means a felony in which 1 or more of 2
the following circumstances exist: 3
(i) An element of that felony is the use, attempted use, or 4
threatened use of physical force against the person or property of 5
another, or that by its nature involves a substantial risk that 6
physical force against the person or property of another may be 7
used in the course of committing the offense. 8
(ii) An element of that felony is the unlawful manufacture, 9
possession, importation, exportation, distribution, or dispensing 10
of a controlled substance. 11
(iii) An element of that felony is the unlawful possession or 12
distribution of a firearm. 13
(iv) An element of that felony is the unlawful use of an 14
explosive. 15
(v) The felony is burglary of an occupied dwelling, breaking 16
and entering an occupied dwelling, or arson. 17
Sec. 227b. (1) A person who carries or has in his or her 18
possession a firearm when he or she commits or attempts to commit a 19
felony, except a violation of section 223, 227, 227a, or 230, is 20
guilty of a felony and shall be punished by imprisonment for 2 life 21
or any term of years but not less than 5 years. Upon a second 22
conviction under this subsection, the person shall be punished by 23
imprisonment for 5 life or any term of years but not less than 10 24
years. Upon a third or subsequent conviction under this subsection, 25
the person shall be punished by imprisonment for 10 life or any 26
term of years but not less than 15 years. 27
(2) A person who carries or has in his or her possession a 28
pneumatic gun and uses that pneumatic gun in furtherance of 29
63

ELF H02202'25_HB5917_INTR_1 b2ey6p
committing or attempting to commit a felony, except a violation of 1
section 223, 227, 227a, or 230, is guilty of a felony and shall be 2
punished by imprisonment for 2 life or any term of years but not 3
less than 5 years. Upon a second conviction under this subsection, 4
the person shall be punished by imprisonment for 5 life or any term 5
of years but not less than 10 years. Upon a third or subsequent 6
conviction under this subsection, the person shall be punished by 7
imprisonment for 10 life or any term of years but not less than 15 8
years. 9
(3) A term of imprisonment prescribed by this section is in 10
addition to the sentence imposed for the conviction of the felony 11
or the attempt to commit the felony and shall be served 12
consecutively with and preceding any term of imprisonment imposed 13
for the conviction of the felony or attempt to commit the felony. 14
(4) A term of imprisonment imposed under this section shall 15
not be suspended. The person subject to the sentence mandated by 16
this section is not eligible for parole or probation during the 17
mandatory term imposed under subsection (1) or (2). 18
(5) This section does not apply to a law enforcement officer 19
who is authorized to carry a firearm while in the official 20
performance of his or her duties and who is in the performance of 21
those duties. As used in this subsection, "law enforcement officer" 22
means a person who is regularly employed as a member of a duly 23
authorized police agency or other organization of the United 24
States, this state, or a city, county, township, or village of this 25
state and who is responsible for the prevention and detection of 26
crime and the enforcement of the general criminal laws of this 27
state. 28
Sec. 234a. (1) An individual who intentionally discharges a 29
64

ELF H02202'25_HB5917_INTR_1 b2ey6p
firearm from a motor vehicle, a snowmobile, or an off-road vehicle 1
is guilty of a crime as follows: 2
(a) If the violation endangers the safety of another 3
individual, the individual is guilty of a felony punishable by 4
imprisonment for life or any term of years but not more than 10 5
less than 5 years or a fine of not more than $10,000.00, or both. 6
(b) If the violation causes any physical injury to another 7
individual, the individual is guilty of a felony punishable by 8
imprisonment for not more than 15 years or a fine of not more than 9
$15,000.00, or both. 10
(c) If the violation causes the serious impairment of a body 11
function of another individual, the individual is guilty of a 12
felony punishable by imprisonment for not more than 20 years or a 13
fine of not more than $25,000.00, or both. 14
(d) If the violation causes the death of another individual, 15
the individual is guilty of a felony punishable by imprisonment for 16
life or any term of years. 17
(2) Subsection (1) does not apply to any of the following: 18
(a) A peace officer of this state or another state, or of a 19
local unit of government of this state or another state, or of the 20
United States, performing his or her duties as a peace officer 21
while on or off a scheduled work shift as a peace officer. 22
(b) An individual who discharges a firearm in self-defense or 23
the defense of another individual. 24
(3) This section does not prohibit an individual from being 25
charged with, convicted of, or punished for any other violation of 26
law that is committed by that individual while violating this 27
section. 28
(4) A term of imprisonment imposed for a violation of this 29
65

ELF H02202'25_HB5917_INTR_1 b2ey6p
section may run consecutively to any term of imprisonment imposed 1
for another violation arising from the same transaction. 2
(5) As used in this section: 3
(a) "Peace officer" means that term as defined in section 215. 4
(b) "Serious impairment of a body function" means that term as 5
defined in section 58c of the Michigan vehicle code, 1949 PA 300, 6
MCL 257.58c. 7
Sec. 317. Second degree murder—All other kinds of murder shall 8
be not described under section 316 are murder of the second degree. 9
, and shall be punished by The court shall sentence a person guilty 10
of second degree murder to imprisonment in the state prison for 11
life , or any term of years , in the discretion of the court trying 12
the same.but not less than 20 years. 13
Sec. 317a. A person who delivers a schedule 1 or 2 controlled 14
substance, other than marihuana, to another person in violation of 15
section 7401 of the public health code, 1978 PA 368, MCL 333.7401, 16
that is consumed by that person or any other person and that causes 17
the death of that person or other person is guilty of a felony 18
punishable by imprisonment for life or any term of years but not 19
less than 15 years. 20
Sec. 321. Manslaughter—Any A person who shall commit commits 21
the crime of manslaughter shall be is guilty of a felony punishable 22
by imprisonment in the state prison, for life or any term of years 23
but not more than 15 less than 5 years or by a fine of not more 24
than 7,500 dollars, $7,500.00, or both. , at the discretion of the 25
court. 26
Sec. 349. (1) A person commits the crime of kidnapping if he 27
or she the person knowingly restrains another person with the 28
intent to do 1 or more of the following: 29
66

ELF H02202'25_HB5917_INTR_1 b2ey6p
(a) Hold that person for ransom or reward. 1
(b) Use that person as a shield or hostage. 2
(c) Engage in criminal sexual penetration or criminal sexual 3
contact prohibited under chapter LXXVI with that person. 4
(d) Take that person outside of this state. 5
(e) Hold that person in involuntary servitude. 6
(f) Engage in child sexually abusive activity, as that term is 7
defined in section 145c, with that person, if that person is a 8
minor. 9
(2) As used in this section, "restrain" means to restrict a 10
person's movements or to confine the person so as to interfere with 11
that person's liberty without that person's consent or without 12
legal authority. The restraint does not have to exist for any 13
particular length of time and may be related or incidental to the 14
commission of other criminal acts. 15
(3) A person who commits the crime of kidnapping is guilty of 16
a felony punishable by imprisonment for life or any term of years 17
but not less than 15 years or a fine of not more than $50,000.00, 18
or both. 19
(4) This section does not prohibit the person from being 20
charged with, convicted of, or sentenced for any other violation of 21
law arising from the same transaction as the violation of this 22
section. 23
Sec. 349b. (1) A person commits the crime of unlawful 24
imprisonment if he or she the person knowingly restrains another 25
person under any of the following circumstances: 26
(a) The person is restrained by means of a weapon or dangerous 27
instrument. 28
(b) The restrained person was secretly confined. 29
67

ELF H02202'25_HB5917_INTR_1 b2ey6p
(c) The person was restrained to facilitate the commission of 1
another felony or to facilitate flight after commission of another 2
felony. 3
(2) A person who commits unlawful imprisonment is guilty of a 4
felony punishable by imprisonment for life or any term of years but 5
not more less than 15 10 years or a fine of not more than 6
$20,000.00, or both. 7
(3) As used in this section: 8
(a) "Restrain" means to forcibly restrict a person's movements 9
or to forcibly confine the person so as to interfere with that 10
person's liberty without that person's consent or without lawful 11
authority. The restraint does not have to exist for any particular 12
length of time and may be related or incidental to the commission 13
of other criminal acts. 14
(b) "Secretly confined" means either of the following: 15
(i) To keep the confinement of the restrained person a secret. 16
(ii) To keep the location of the restrained person a secret. 17
(4) This section does not prohibit the person from being 18
charged with, convicted of, or sentenced for any other violation of 19
law that is committed by that person while violating this section. 20
Sec. 356. (1) A person who commits larceny by stealing any of 21
the following property of another person is guilty of a crime as 22
provided in this section: 23
(a) Money, goods, or chattels. 24
(b) A bank note, bank bill, bond, promissory note, due bill, 25
bill of exchange or other bill, draft, order, or certificate. 26
(c) A book of accounts for or concerning money or goods due, 27
to become due, or to be delivered. 28
(d) A deed or writing containing a conveyance of land or other 29
68

ELF H02202'25_HB5917_INTR_1 b2ey6p
valuable contract in force. 1
(e) A receipt, release, or defeasance. 2
(f) A writ, process, or public record. 3
(g) Scrap metal. 4
(2) If any of the following apply, the person is guilty of a 5
felony punishable by imprisonment for life or any term of years but 6
not more less than 10 5 years or a fine of not more than $15,000.00 7
or 3 times the value of the property stolen, whichever is greater, 8
or both imprisonment and a fine: 9
(a) The property stolen has a value of $20,000.00 or more. 10
(b) The person violates subsection (3)(a) and has 2 or more 11
prior convictions for committing or attempting to commit an offense 12
under this section. For purposes of this subdivision, however, a 13
prior conviction does not include a conviction for a violation or 14
attempted violation of subsection (4)(b) or (5). 15
(3) If any of the following apply, the property stolen has a 16
value of $1,000.00 or more but less than $20,000.00, the person is 17
guilty of a felony punishable by imprisonment for life or any term 18
of years but not more less than 5 4 years or a fine of not more 19
than $10,000.00 or 3 times the value of the property stolen, 20
whichever is greater, or both imprisonment and a fine. : 21
(a) The property stolen has a value of $1,000.00 or more but 22
less than $20,000.00. 23
(4) (b) The If the person violates subsection (4)(a) (5)(a) 24
and has 1 or more prior convictions for committing or attempting to 25
commit an offense under this section, the person is guilty of a 26
felony punishable by imprisonment for life or any term of years but 27
not less than 3 years or a fine of not more than $10,000.00 or 3 28
times the value of the property stolen, whichever is greater, or 29
69

ELF H02202'25_HB5917_INTR_1 b2ey6p
both imprisonment and a fine. For purposes of this subdivision, 1
subsection, however, a prior conviction does not include a 2
conviction for a violation or attempted violation of subsection 3
(4)(b) (5)(b) or (5).(6). 4
(5) (4) If any of the following apply, the person is guilty of 5
a misdemeanor punishable by imprisonment for not more than 1 year 6
or a fine of not more than $2,000.00 or 3 times the value of the 7
property stolen, whichever is greater, or both imprisonment and a 8
fine: 9
(a) The property stolen has a value of $200.00 or more but 10
less than $1,000.00. 11
(b) The person violates subsection (5) and has 1 or more prior 12
convictions for committing or attempting to commit an offense under 13
this section or a local ordinance substantially corresponding to 14
this section. 15
(6) (5) If the property stolen has a value of less than 16
$200.00, the person is guilty of a misdemeanor punishable by 17
imprisonment for not more than 93 days or a fine of not more than 18
$500.00 or 3 times the value of the property stolen, whichever is 19
greater, or both imprisonment and a fine. 20
(7) (6) If the property stolen is scrap metal, then, as used 21
in this section, "the value of the property stolen" means the 22
greatest of the following: 23
(a) The replacement cost of the stolen scrap metal. 24
(b) The cost of repairing the damage caused by the larceny of 25
the scrap metal. 26
(c) The sum of subdivisions (a) and (b). 27
(8) (7) The values of property stolen in separate incidents 28
pursuant to a scheme or course of conduct within any 12-month 29
70

ELF H02202'25_HB5917_INTR_1 b2ey6p
period may be aggregated to determine the total value of property 1
stolen. 2
(9) (8) If the prosecuting attorney intends to seek an 3
enhanced sentence based upon the defendant having 1 or more prior 4
convictions, the prosecuting attorney shall include on the 5
complaint and information a statement listing the prior conviction 6
or convictions. The existence of the defendant's prior conviction 7
or convictions shall be determined by the court, without a jury, at 8
sentencing or at a separate hearing for that purpose before 9
sentencing. The existence of a prior conviction may be established 10
by any evidence relevant for that purpose, including, but not 11
limited to, 1 or more of the following: 12
(a) A copy of the judgment of conviction. 13
(b) A transcript of a prior trial, plea-taking, or sentencing. 14
(c) Information contained in a presentence report. 15
(d) The defendant's statement. 16
(10) (9) If the sentence for a conviction under this section 17
is enhanced by 1 or more prior convictions, those prior convictions 18
shall not be used to further enhance the sentence for the 19
conviction pursuant to section 10, 11, or 12 of chapter IX of the 20
code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 21
769.12. 22
(11) (10) As used in this section, "scrap metal" means that 23
term as defined in section 3 of the scrap metal regulatory act, 24
2008 PA 429, MCL 445.423. 25
Sec. 356a. (1) A person who commits larceny by stealing or 26
unlawfully removing or taking any wheel, tire, air bag, catalytic 27
converter, radio, stereo, clock, telephone, computer, or other 28
electronic device in or on any motor vehicle, house trailer, 29
71

ELF H02202'25_HB5917_INTR_1 b2ey6p
trailer, or semitrailer is guilty of a felony punishable by 1
imprisonment for not more than 5 years or a fine of not more than 2
$10,000.00, or both. 3
(2) Except as provided in subsection (3), a person who enters 4
or breaks into a motor vehicle, house trailer, trailer, or 5
semitrailer to steal or unlawfully remove property from it is 6
guilty of a crime as follows: 7
(a) If the value of the property is less than $200.00, the 8
person is guilty of a misdemeanor punishable by imprisonment for 9
not more than 93 days or a fine of not more than $500.00 or 3 times 10
the value of the property, whichever is greater, or both 11
imprisonment and a fine. 12
(b) If any of the following apply, the person is guilty of a 13
misdemeanor punishable by imprisonment for not more than 1 year or 14
a fine of not more than $2,000.00 or 3 times the value of the 15
property, whichever is greater, or both imprisonment and a fine: 16
(i) The value of the property is $200.00 or more but less than 17
$1,000.00. 18
(ii) The person violates subdivision (a) and has 1 or more 19
prior convictions for committing or attempting to commit an offense 20
under this section or a local ordinance substantially corresponding 21
to this section. 22
(c) If any of the following apply, the person is guilty of a 23
felony punishable by imprisonment for life or any term of years but 24
not more than 5 less than 3 years or a fine of not more than 25
$10,000.00 or 3 times the value of the property, whichever is 26
greater, or both imprisonment and a fine: 27
(i) The value of the property is $1,000.00 or more but less 28
than $20,000.00. 29
72

ELF H02202'25_HB5917_INTR_1 b2ey6p
(ii) The person violates subdivision (b)(i) and has 1 or more 1
prior convictions for violating or attempting to violate this 2
section. For purposes of this subparagraph, however, a prior 3
conviction does not include a conviction for a violation or 4
attempted violation of subdivision (a) or (b)(ii). 5
(d) If any of the following apply, the person is guilty of a 6
felony punishable by imprisonment for not more than 10 years or a 7
fine of not more than $15,000.00 or 3 times the value of the 8
property, whichever is greater, or both imprisonment and a fine: 9
(i) The property has a value of $20,000.00 or more. 10
(ii) The person violates subdivision (c)(i) and has 2 or more 11
prior convictions for committing or attempting to commit an offense 12
under this section. For purposes of this subparagraph, however, a 13
prior conviction does not include a conviction for a violation or 14
attempted violation of subdivision (a) or (b)(ii). 15
(3) A person who violates subsection (2)(a) or (b) and who 16
breaks, tears, cuts, or otherwise damages any part of the motor 17
vehicle, house trailer, trailer, or semitrailer is guilty of a 18
felony punishable by imprisonment for life or any term of years but 19
not more than 5 less than 4 years or a fine of not more than 20
$10,000.00, or both, regardless of the value of the property. 21
(4) The values of property stolen or unlawfully removed in 22
separate incidents pursuant to a scheme or course of conduct within 23
any 12-month period may be aggregated to determine the total value 24
of property stolen or unlawfully removed. 25
(5) If the prosecuting attorney intends to seek an enhanced 26
sentence based upon the defendant having 1 or more prior 27
convictions, the prosecuting attorney shall include on the 28
complaint and information a statement listing the prior conviction 29
73

ELF H02202'25_HB5917_INTR_1 b2ey6p
or convictions. The existence of the defendant's prior conviction 1
or convictions shall be determined by the court, without a jury, at 2
sentencing or at a separate hearing for that purpose before 3
sentencing. The existence of a prior conviction may be established 4
by any evidence relevant for that purpose, including, but not 5
limited to, 1 or more of the following: 6
(a) A copy of the judgment of conviction. 7
(b) A transcript of a prior trial, plea-taking, or sentencing. 8
(c) Information contained in a presentence report. 9
(d) The defendant's statement. 10
(e) A copy of a court register of actions. 11
(6) If the sentence for a conviction under this section is 12
enhanced by 1 or more prior convictions, those prior convictions 13
shall not be used to further enhance the sentence for the 14
conviction under section 10, 11, or 12 of chapter IX of the code of 15
criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12. 16
Sec. 356c. (1) A person who does any of the following in a 17
store or in its immediate vicinity is guilty of retail fraud in the 18
first degree, a felony, punishable by imprisonment for life or any 19
term of years but not more less than 5 years or a fine of not more 20
than $10,000.00 or 3 times the value of the difference in price, 21
property stolen, or money or property obtained or attempted to be 22
obtained, whichever is greater, or both imprisonment and a fine: 23
(a) While a store is open to the public, alters, transfers, 24
removes and replaces, conceals, or otherwise misrepresents the 25
price at which property is offered for sale, with the intent not to 26
pay for the property or to pay less than the price at which the 27
property is offered for sale, if the resulting difference in price 28
is $1,000.00 or more. 29
74

ELF H02202'25_HB5917_INTR_1 b2ey6p
(b) While a store is open to the public, steals property of 1
the store that is offered for sale at a price of $1,000.00 or more. 2
(c) With intent to defraud, obtains or attempts to obtain 3
money or property from the store as a refund or exchange for 4
property that was not paid for and belongs to the store, if the 5
amount of money or the value of the property obtained or attempted 6
to be obtained is $1,000.00 or more. 7
(2) A person who violates section 356d(1) and who has 1 or 8
more prior convictions for committing or attempting to commit an 9
offense under this section or section 218, 356, 356d(1), or 360 is 10
guilty of retail fraud in the first degree. For purposes of this 11
subsection, however, a prior conviction does not include a 12
conviction for a violation or attempted violation of section 218(2) 13
or (3)(b) or section 356(4)(b) or (5). 14
(3) The values of the difference in price, property stolen, or 15
money or property obtained or attempted to be obtained in separate 16
incidents pursuant to a scheme or course of conduct within any 12-17
month period may be aggregated to determine the total value 18
involved in the offense under this section. 19
(4) If the prosecuting attorney intends to seek an enhanced 20
sentence based upon the defendant having 1 or more prior 21
convictions, the prosecuting attorney shall include on the 22
complaint and information a statement listing the prior conviction 23
or convictions. The existence of the defendant's prior conviction 24
or convictions shall be determined by the court, without a jury, at 25
sentencing or at a separate hearing for that purpose before 26
sentencing. The existence of a prior conviction may be established 27
by any evidence relevant for that purpose, including, but not 28
limited to, 1 or more of the following: 29
75

ELF H02202'25_HB5917_INTR_1 b2ey6p
(a) A copy of the judgment of conviction. 1
(b) A transcript of a prior trial, plea-taking, or sentencing. 2
(c) Information contained in a presentence report. 3
(d) The defendant's statement. 4
(5) A person who commits retail fraud in the first degree 5
shall not be prosecuted under section 218(5) or 356(2). 6
(6) If the sentence for a conviction under this section is 7
enhanced by 1 or more prior convictions, those prior convictions 8
shall not be used to further enhance the sentence for the 9
conviction pursuant to section 10, 11, or 12 of chapter IX of the 10
code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 11
769.12. 12
Sec. 356d. (1) A person who does any of the following in a 13
store or in its immediate vicinity is guilty of retail fraud in the 14
second degree, a misdemeanor felony punishable by imprisonment for 15
life or any term of years but not more than 1 year less than 182 16
days or a fine of not more than $2,000.00 or 3 times the value of 17
the difference in price, property stolen, or money or property 18
obtained or attempted to be obtained, whichever is greater, or both 19
imprisonment and a fine: 20
(a) While a store is open to the public, alters, transfers, 21
removes and replaces, conceals, or otherwise misrepresents the 22
price at which property is offered for sale with the intent not to 23
pay for the property or to pay less than the price at which the 24
property is offered for sale if the resulting difference in price 25
is $200.00 or more but less than $1,000.00. 26
(b) While a store is open to the public, steals property of 27
the store that is offered for sale at a price of $200.00 or more 28
but less than $1,000.00. 29
76

ELF H02202'25_HB5917_INTR_1 b2ey6p
(c) With intent to defraud, obtains or attempts to obtain 1
money or property from the store as a refund or exchange for 2
property that was not paid for and belongs to the store if the 3
amount of money or the value of the property obtained or attempted 4
to be obtained is $200.00 or more but less than $1,000.00. 5
(2) A person who violates subsection (4) and who has 1 or more 6
prior convictions for committing or attempting to commit an offense 7
under this section, section 218, 356, 356c, or 360, or a local 8
ordinance substantially corresponding to this section or section 9
218, 356, 356c, or 360 is guilty of retail fraud in the second 10
degree. 11
(3) A person who commits retail fraud in the second degree 12
shall not be prosecuted under section 360. 13
(4) A person who does any of the following in a store or in 14
its immediate vicinity is guilty of retail fraud in the third 15
degree, a misdemeanor punishable by imprisonment for not more than 16
93 days or a fine of not more than $500.00 or 3 times the value of 17
the difference in price, property stolen, or money or property 18
obtained or attempted to be obtained, whichever is greater, or both 19
imprisonment and a fine: 20
(a) While a store is open to the public, alters, transfers, 21
removes and replaces, conceals, or otherwise misrepresents the 22
price at which property is offered for sale, with the intent not to 23
pay for the property or to pay less than the price at which the 24
property is offered for sale, if the resulting difference in price 25
is less than $200.00. 26
(b) While a store is open to the public, steals property of 27
the store that is offered for sale at a price of less than $200.00. 28
(c) With intent to defraud, obtains or attempts to obtain 29
77

ELF H02202'25_HB5917_INTR_1 b2ey6p
money or property from the store as a refund or exchange for 1
property that was not paid for and belongs to the store, if the 2
amount of money, or the value of the property, obtained or 3
attempted to be obtained is less than $200.00. 4
(5) A person who commits retail fraud in the third degree 5
shall not be prosecuted under section 360. 6
(6) The values of the difference in price, property stolen, or 7
money or property obtained or attempted to be obtained in separate 8
incidents pursuant to a scheme or course of conduct within any 12-9
month period may be aggregated to determine the total value 10
involved in the offense under this section. 11
(7) If the prosecuting attorney intends to seek an enhanced 12
sentence based upon the defendant having 1 or more prior 13
convictions, the prosecuting attorney shall include on the 14
complaint and information a statement listing the prior conviction 15
or convictions. The existence of the defendant's prior conviction 16
or convictions shall be determined by the court, without a jury, at 17
sentencing or at a separate hearing for that purpose before 18
sentencing. The existence of a prior conviction may be established 19
by any evidence relevant for that purpose, including, but not 20
limited to, 1 or more of the following: 21
(a) A copy of the judgment of conviction. 22
(b) A transcript of a prior trial, plea-taking, or sentencing. 23
(c) Information contained in a presentence report. 24
(d) The defendant's statement. 25
Sec. 357. Larceny from the person—Any A person who shall 26
commit commits the offense of larceny by stealing from the person 27
of another shall be is guilty of a felony , punishable by 28
imprisonment in the state prison for life or any term of years but 29
78

ELF H02202'25_HB5917_INTR_1 b2ey6p
not more than 10 less than 5 years. 1
Sec. 357b. A person who commits larceny by stealing the 2
firearm of another person is guilty of a felony , punishable by 3
imprisonment for life or any term of years but not more less than 5 4
years or by a fine of not more than $2,500.00, or both. 5
Sec. 360. Any A person who shall commit commits the crime of 6
larceny by stealing in any dwelling house, house trailer, office, 7
store, gasoline service station, shop, warehouse, mill, factory, 8
hotel, school, barn, granary, ship, boat, vessel, church, house of 9
worship, locker room, or any building used by the public shall be 10
is guilty of a felony. The court shall sentence the person to 11
imprisonment for life or any term of years but not less than 5 12
years. 13
Sec. 362. Larceny by conversion, etc.—Any A person to whom any 14
money, goods, or other property, which may be the subject of 15
larceny, shall have has been delivered, who shall embezzle 16
embezzles or fraudulently convert converts to his the person's own 17
use, or shall secrete secretes with the intent to embezzle, or 18
fraudulently use such the goods, money, or other property, or any 19
part thereof, shall be deemed by so doing to have has committed the 20
crime of larceny and shall be punished as provided in the first 21
section of this chapter.is guilty of a felony. The court shall 22
sentence the person to imprisonment for life or any term of years 23
but not less than 5 years or a fine of not more than $10,000.00 or 24
3 times the value of the property stolen, whichever is greater, or 25
both imprisonment and a fine. 26
Sec. 377a. (1) A person who willfully and maliciously destroys 27
or injures the personal property of another person is guilty of a 28
crime as follows: 29
79

ELF H02202'25_HB5917_INTR_1 b2ey6p
(a) If any of the following apply, the person is guilty of a 1
felony punishable by imprisonment for life or any term of years but 2
not more less than 10 5 years or a fine of not more than $15,000.00 3
or 3 times the amount of the destruction or injury, whichever is 4
greater, or both imprisonment and a fine: 5
(i) The amount of the destruction or injury is $20,000.00 or 6
more. 7
(ii) The person violates subdivision (b)(i) and has 2 or more 8
prior convictions for committing or attempting to commit an offense 9
under this section. For purposes of this subparagraph, however, a 10
prior conviction does not include a conviction for a violation or 11
attempted violation of subdivision (c)(ii), (e), or (f). 12
(b) If any of the following apply, the person is guilty of a 13
felony punishable by imprisonment for life or any term of years but 14
not more less than 5 4 years or a fine of not more than $10,000.00 15
or 3 times the amount of the destruction or injury, whichever is 16
greater, or both imprisonment and a fine: 17
(i) The amount of the destruction or injury is $1,000.00 or 18
more but less than $20,000.00. 19
(ii) The person violates subdivision (c)(i) and has 1 or more 20
prior convictions for committing or attempting to commit an offense 21
under this section. For purposes of this subparagraph, however, a 22
prior conviction does not include a conviction for a violation or 23
attempted violation of subdivision (c)(ii), (e), or (f). 24
(c) If any of the following apply, the person is guilty of a 25
misdemeanor punishable by imprisonment for not more than 1 year or 26
a fine of not more than $2,000.00 or 3 times the amount of the 27
destruction or injury, whichever is greater, or both imprisonment 28
and a fine: 29
80

ELF H02202'25_HB5917_INTR_1 b2ey6p
(i) The amount of the destruction or injury is $200.00 or more 1
but less than $1,000.00. 2
(ii) The person violates subdivision (e) or (f) and has 1 or 3
more prior convictions for committing or attempting to commit an 4
offense under this section or a local ordinance substantially 5
corresponding to this section. 6
(d) If the person and the property owner are spouses or former 7
spouses, have or have had a dating relationship, have or have had a 8
child in common, or are residents or former residents of the same 9
household, and any of the following apply, the person is guilty of 10
a misdemeanor punishable by imprisonment for not more than 1 year 11
or a fine of not more than $2,000.00 or 3 times the amount of the 12
destruction or injury, whichever is greater, or both imprisonment 13
and a fine: 14
(i) The amount of the destruction or injury is $200.00 or more 15
but less than $1,000.00. 16
(ii) The person violates subdivision (e) or (f) and has 1 or 17
more prior convictions for committing or attempting to commit an 18
offense under this section or a local ordinance substantially 19
corresponding to this section. 20
(e) If the amount of the destruction or injury is less than 21
$200.00, the person is guilty of a misdemeanor punishable by 22
imprisonment for not more than 93 days or a fine of not more than 23
$500.00 or 3 times the amount of the destruction or injury, 24
whichever is greater, or both imprisonment and a fine. 25
(f) If the person and the property owner are spouses or former 26
spouses, have or have had a dating relationship, have or have had a 27
child in common, or are residents or former residents of the same 28
household and the amount of the destruction or injury is less than 29
81

ELF H02202'25_HB5917_INTR_1 b2ey6p
$200.00, the person is guilty of a misdemeanor punishable by 1
imprisonment for not more than 93 days or a fine of not more than 2
$500.00 or 3 times the amount of the destruction or injury, 3
whichever is greater, or both imprisonment and a fine. 4
(2) The amounts of destruction or injury in separate incidents 5
pursuant to a scheme or course of conduct within any 12-month 6
period may be aggregated in determining the total amount of the 7
destruction or injury. 8
(3) If the prosecuting attorney intends to seek an enhanced 9
sentence based upon the defendant having 1 or more prior 10
convictions, the prosecuting attorney shall include on the 11
complaint and information a statement listing the prior conviction 12
or convictions. The existence of the defendant's prior conviction 13
or convictions must be determined by the court, without a jury, at 14
sentencing or at a separate hearing for that purpose before 15
sentencing. The existence of a prior conviction may be established 16
by any evidence relevant for that purpose, including, but not 17
limited to, 1 or more of the following: 18
(a) A copy of the judgment of conviction. 19
(b) A transcript of a prior trial, plea-taking, or sentencing. 20
(c) Information contained in a presentence report. 21
(d) The defendant's statement. 22
(4) If the sentence for a conviction under this section is 23
enhanced by 1 or more prior convictions, those prior convictions 24
must not be used to further enhance the sentence for the conviction 25
pursuant to section 10, 11, or 12 of chapter IX of the code of 26
criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12. 27
(5) As used in this section, "dating relationship" means 28
frequent, intimate associations primarily characterized by the 29
82

ELF H02202'25_HB5917_INTR_1 b2ey6p
expectation of affectional involvement. This term does not include 1
a casual relationship or an ordinary fraternization between 2 2
individuals in a business or social context. 3
Sec. 377b. Maliciously destroying or injuring certain personal 4
property—Any A person who shall wilfully willfully and maliciously 5
destroy destroys or injure injures the personal property of any 6
fire or police department, including the Michigan state police, 7
shall be is guilty of a felony. The court shall sentence the person 8
to imprisonment for life or any term of years but not less than 5 9
years. 10
Sec. 380. (1) A person shall not willfully and maliciously 11
destroy or injure another person's house, barn, or other building 12
or its appurtenances. 13
(2) If any of the following apply, a person who violates 14
subsection (1) is guilty of a felony punishable by imprisonment for 15
life or any term of years but not more less than 10 years, or a 16
fine of not more than $15,000.00 or 3 times the amount of the 17
destruction or injury, whichever is greater, or both imprisonment 18
and a fine: 19
(a) The amount of the destruction or injury is $20,000.00 or 20
more. 21
(b) The person violates subsection (3)(a) and has 2 or more 22
prior convictions for committing or attempting to commit an offense 23
under this section. For purposes of this subdivision, however, a 24
prior conviction does not include a conviction for a violation or 25
attempted violation of subsection (4)(b), (5)(b), (6), or (7). 26
(3) If any of the following apply, a person who violates 27
subsection (1) is guilty of a felony punishable by imprisonment for 28
life or any term of years but not more than 5 less than 2 years or 29
83

ELF H02202'25_HB5917_INTR_1 b2ey6p
a fine of not more than $10,000.00 or 3 times the amount of the 1
destruction or injury, whichever is greater, or both imprisonment 2
and a fine: 3
(a) The amount of the destruction or injury is $1,000.00 or 4
more but less than $20,000.00. 5
(b) The person violates subsection (4)(a) and has 1 or more 6
prior convictions for committing or attempting to commit an offense 7
under this section. For purposes of this subdivision, however, a 8
prior conviction does not include a conviction for a violation or 9
attempted violation of subsection (4)(b), (5)(b), (6), or (7). 10
(4) If any of the following apply, a person who violates 11
subsection (1) is guilty of a misdemeanor punishable by 12
imprisonment for not more than 1 year or a fine of not more than 13
$2,000.00 or 3 times the amount of the destruction or injury, 14
whichever is greater, or both imprisonment and a fine: 15
(a) The amount of the destruction or injury is $200.00 or more 16
but less than $1,000.00. 17
(b) The person violates subsection (6) or (7) and has 1 or 18
more prior convictions for committing or attempting to commit an 19
offense under this section or a local ordinance substantially 20
corresponding to this section. 21
(5) If the person and the property owner are spouses or former 22
spouses, have or have had a dating relationship, have or have had a 23
child in common, or are residents or former residents of the same 24
household and if any of the following apply, the person who 25
violates subsection (1) is guilty of a misdemeanor punishable by 26
imprisonment for not more than 1 year or a fine of not more than 27
$2,000.00 or 3 times the amount of the destruction or injury, 28
whichever is greater, or both imprisonment and a fine: 29
84

ELF H02202'25_HB5917_INTR_1 b2ey6p
(a) The amount of the destruction or injury is $200.00 or more 1
but less than $1,000.00. 2
(b) The person violates subsection (6) or (7) and has 1 or 3
more prior convictions for committing or attempting to commit an 4
offense under this section or a local ordinance substantially 5
corresponding to this section. 6
(6) If the amount of the destruction or injury is less than 7
$200.00, a person who violates subsection (1) is guilty of a 8
misdemeanor punishable by imprisonment for not more than 93 days or 9
a fine of not more than $500.00 or 3 times the amount of the 10
destruction or injury, whichever is greater, or both imprisonment 11
and a fine. 12
(7) If the person and the property owner are spouses or former 13
spouses, have or have had a dating relationship, have or have had a 14
child in common, or are residents or former residents of the same 15
household and if the amount of the destruction or injury is less 16
than $200.00, the person who violates subsection (1) is guilty of a 17
misdemeanor punishable by imprisonment for not more than 93 days or 18
a fine of not more than $500.00 or 3 times the amount of the 19
destruction or injury, whichever is greater, or both imprisonment 20
and a fine. 21
(8) The amounts of the destruction or injury in separate 22
incidents pursuant to a scheme or course of conduct within any 12-23
month period may be aggregated to determine the total amount of the 24
destruction or injury. 25
(9) If the prosecuting attorney intends to seek an enhanced 26
sentence based upon the defendant having 1 or more prior 27
convictions, the prosecuting attorney shall include on the 28
complaint and information a statement listing the prior conviction 29
85

ELF H02202'25_HB5917_INTR_1 b2ey6p
or convictions. The existence of the defendant's prior conviction 1
or convictions must be determined by the court, without a jury, at 2
sentencing or at a separate hearing for that purpose before 3
sentencing. The existence of a prior conviction may be established 4
by any evidence relevant for that purpose, including, but not 5
limited to, 1 or more of the following: 6
(a) A copy of the judgment of conviction. 7
(b) A transcript of a prior trial, plea-taking, or sentencing. 8
(c) Information contained in a presentence report. 9
(d) The defendant's statement. 10
(10) If the sentence for a conviction under this section is 11
enhanced by 1 or more prior convictions, those prior convictions 12
must not be used to further enhance the sentence for the conviction 13
pursuant to section 10, 11, or 12 of chapter IX of the code of 14
criminal procedure, 1927 PA 175, 769.10, 769.11, and 769.12. 15
(11) As used in this section, "dating relationship" means 16
frequent, intimate associations primarily characterized by the 17
expectation of affectional involvement. This term does not include 18
a casual relationship or an ordinary fraternization between 2 19
individuals in a business or social context. 20
Sec. 383a. A person, without lawful authority, shall not 21
willfully cut, break, obstruct, injure, destroy, tamper with or 22
manipulate, deface, or steal any machinery, tools, equipment, 23
telephone line or post, telegraph line or post, telecommunication 24
line, tower, or post, electric line, post, tower or supporting 25
structures, electric wire, insulator, switch, or signal, natural 26
gas pipeline, water pipeline, steam heat pipeline or the valves or 27
other appliances or equipment appertaining to or used in connection 28
with those lines, or any other appliance or component of the 29
86

ELF H02202'25_HB5917_INTR_1 b2ey6p
electric, telecommunication, or natural gas infrastructure that is 1
the property of a utility. A person who violates this section is 2
guilty of a felony punishable by imprisonment for not more less 3
than 5 years or a fine of not more than $5,000.00, or both. As used 4
in this section, "utility" includes any pipeline, gas, electric, 5
heat, water, oil, sewer, telephone, telegraph, telecommunication, 6
radio, railway, railroad, airplane, transportation, communication, 7
or other system, whether or not publicly owned, that is operated 8
for the public use. 9
Sec. 411h. (1) As used in this section: 10
(a) "Course of conduct" means a pattern of conduct composed of 11
a series of 2 or more separate noncontinuous acts evidencing a 12
continuity of purpose. 13
(b) "Dating relationship" means frequent, intimate 14
associations primarily characterized by the expectation of 15
affectional involvement. This term does not include a casual 16
relationship or an ordinary fraternization between 2 individuals in 17
a business or social context. 18
(c) "Emotional distress" means significant mental suffering or 19
distress that may, but does not necessarily, require medical or 20
other professional treatment or counseling. 21
(d) "Harassment" means conduct directed toward a victim that 22
includes, but is not limited to, repeated or continuing unconsented 23
contact that would cause a reasonable individual to suffer 24
emotional distress and that actually causes the victim to suffer 25
emotional distress. Harassment does not include constitutionally 26
protected activity or conduct that serves a legitimate purpose. 27
(e) "Stalking" means a willful course of conduct involving 28
repeated or continuing harassment of another individual that would 29
87

ELF H02202'25_HB5917_INTR_1 b2ey6p
cause a reasonable person to feel terrorized, frightened, 1
intimidated, threatened, harassed, or molested and that actually 2
causes the victim to feel terrorized, frightened, intimidated, 3
threatened, harassed, or molested. 4
(f) "Unconsented contact" means any contact with another 5
individual that is initiated or continued without that individual's 6
consent or in disregard of that individual's expressed desire that 7
the contact be avoided or discontinued. Unconsented contact 8
includes, but is not limited to, any of the following: 9
(i) Following or appearing within the sight of that individual. 10
(ii) Approaching or confronting that individual in a public 11
place or on private property. 12
(iii) Appearing at that individual's workplace or residence. 13
(iv) Entering onto or remaining on property owned, leased, or 14
occupied by that individual. 15
(v) Contacting that individual by telephone. 16
(vi) Sending mail or electronic communications to that 17
individual. 18
(vii) Placing an object on, or delivering an object to, 19
property owned, leased, or occupied by that individual. 20
(g) "Victim" means an individual who is the target of a 21
willful course of conduct involving repeated or continuing 22
harassment. 23
(2) An individual who engages in stalking is guilty of a crime 24
as follows: 25
(a) Except as provided in subdivision (b), a misdemeanor 26
punishable by felony, and the court shall sentence the person to 27
imprisonment for life or any term of years but not more less than 1 28
year 2 years and 6 months or a fine of not more than $1,000.00, or 29
88

ELF H02202'25_HB5917_INTR_1 b2ey6p
both. 1
(b) If the victim was less than 18 years of age at any time 2
during the individual's course of conduct and the individual is 5 3
or more years older than the victim, a felony punishable by and the 4
court shall sentence the person to imprisonment for life or any 5
term of years but not more less than 5 years or a fine of not more 6
than $10,000.00, or both. 7
(c) If the victim and the individual are spouses or former 8
spouses, have or have had a dating relationship, have or have had a 9
child in common, or are residents or former residents of the same 10
household, a misdemeanor punishable by imprisonment for not more 11
than 1 year or a fine of not more than $1,000.00, or both. 12
(3) The court may place an individual convicted of violating 13
this section on probation for a term of not more than 5 years. If a 14
term of probation is ordered, the court may, in addition to any 15
other lawful condition of probation, order the defendant to do any 16
of the following: 17
(a) Refrain from stalking any individual during the term of 18
probation. 19
(b) Refrain from having any contact with the victim of the 20
offense. 21
(c) Be evaluated to determine the need for psychiatric, 22
psychological, or social counseling and if, determined appropriate 23
by the court, to receive psychiatric, psychological, or social 24
counseling at the individual's own expense. 25
(3) (4) In a prosecution for a violation of this section, 26
evidence that the defendant continued to engage in a course of 27
conduct involving repeated unconsented contact with the victim 28
after having been requested by the victim to discontinue the same 29
89

ELF H02202'25_HB5917_INTR_1 b2ey6p
or a different form of unconsented contact, and to refrain from any 1
further unconsented contact with the victim, gives rise to a 2
rebuttable presumption that the continuation of the course of 3
conduct caused the victim to feel terrorized, frightened, 4
intimidated, threatened, harassed, or molested. 5
(4) (5) A criminal penalty provided for under this section may 6
be imposed in addition to any penalty that may be imposed for any 7
other criminal offense arising from the same conduct or for any 8
contempt of court arising from the same conduct. 9
Sec. 411i. (1) As used in this section: 10
(a) "Course of conduct" means a pattern of conduct composed of 11
a series of 2 or more separate noncontinuous acts evidencing a 12
continuity of purpose. 13
(b) "Credible threat" means a threat to kill another 14
individual or a threat to inflict physical injury upon another 15
individual that is made in any manner or in any context that causes 16
the individual hearing or receiving the threat to reasonably fear 17
for his or her safety or the safety of another individual. 18
(c) "Emotional distress" means significant mental suffering or 19
distress that may, but does not necessarily, require medical or 20
other professional treatment or counseling. 21
(d) "Harassment" means conduct directed toward a victim that 22
includes, but is not limited to, repeated or continuing unconsented 23
contact that would cause a reasonable individual to suffer 24
emotional distress and that actually causes the victim to suffer 25
emotional distress. Harassment does not include constitutionally 26
protected activity or conduct that serves a legitimate purpose. 27
(e) "Stalking" means a willful course of conduct involving 28
repeated or continuing harassment of another individual that would 29
90

ELF H02202'25_HB5917_INTR_1 b2ey6p
cause a reasonable person to feel terrorized, frightened, 1
intimidated, threatened, harassed, or molested and that actually 2
causes the victim to feel terrorized, frightened, intimidated, 3
threatened, harassed, or molested. 4
(f) "Unconsented contact" means any contact with another 5
individual that is initiated or continued without that individual's 6
consent or in disregard of that individual's expressed desire that 7
the contact be avoided or discontinued. Unconsented contact 8
includes, but is not limited to, any of the following: 9
(i) Following or appearing within the sight of that individual. 10
(ii) Approaching or confronting that individual in a public 11
place or on private property. 12
(iii) Appearing at that individual's workplace or residence. 13
(iv) Entering onto or remaining on property owned, leased, or 14
occupied by that individual. 15
(v) Contacting that individual by telephone. 16
(vi) Sending mail or electronic communications to that 17
individual. 18
(vii) Placing an object on, or delivering an object to, 19
property owned, leased, or occupied by that individual. 20
(g) "Victim" means an individual who is the target of a 21
willful course of conduct involving repeated or continuing 22
harassment. 23
(2) An individual who engages in stalking is guilty of 24
aggravated stalking if the violation involves any of the following 25
circumstances: 26
(a) At least 1 of the actions constituting the offense is in 27
violation of a restraining order and the individual has received 28
actual notice of that restraining order or at least 1 of the 29
91

ELF H02202'25_HB5917_INTR_1 b2ey6p
actions is in violation of an injunction or preliminary injunction. 1
(b) At least 1 of the actions constituting the offense is in 2
violation of a condition of probation, a condition of parole, a 3
condition of pretrial release, or a condition of release on bond 4
pending appeal. 5
(c) The course of conduct includes the making of 1 or more 6
credible threats against the victim, a member of the victim's 7
family, or another individual living in the same household as the 8
victim. 9
(d) The individual has been previously convicted of a 10
violation of this section or section 411h. 11
(3) Aggravated stalking is a felony. punishable as follows: 12
(a) Except as provided in subdivision (b), by The court shall 13
sentence the person to imprisonment for life or any term of years 14
but not more less than 5 years or a fine of not more than 15
$10,000.00, or both. 16
(b) If the victim was less than 18 years of age at any time 17
during the individual's course of conduct and the individual is 5 18
or more years older than the victim, by imprisonment for not more 19
than 10 years or a fine of not more than $15,000.00, or both. 20
(4) The court may place an individual convicted of violating 21
this section on probation for any term of years, but not less than 22
5 years. If a term of probation is ordered, the court may, in 23
addition to any other lawful condition of probation, order the 24
defendant to do any of the following: 25
(a) Refrain from stalking any individual during the term of 26
probation. 27
(b) Refrain from any contact with the victim of the offense. 28
(c) Be evaluated to determine the need for psychiatric, 29
92

ELF H02202'25_HB5917_INTR_1 b2ey6p
psychological, or social counseling and, if determined appropriate 1
by the court, to receive psychiatric, psychological, or social 2
counseling at his or her own expense. 3
(4) (5) In a prosecution for a violation of this section, 4
evidence that the defendant continued to engage in a course of 5
conduct involving repeated unconsented contact with the victim 6
after having been requested by the victim to discontinue the same 7
or a different form of unconsented contact, and to refrain from any 8
further unconsented contact with the victim, gives rise to a 9
rebuttable presumption that the continuation of the course of 10
conduct caused the victim to feel terrorized, frightened, 11
intimidated, threatened, harassed, or molested. 12
(5) (6) A criminal penalty provided for under this section may 13
be imposed in addition to any penalty that may be imposed for any 14
other criminal offense arising from the same conduct or for 15
contempt of court arising from the same conduct. 16
Sec. 411u. (1) If a person who is an associate or a member of 17
a gang commits a felony or attempts to commit a felony and the 18
person's association or membership in the gang provides the motive, 19
means, or opportunity to commit the felony, the person is guilty of 20
a felony punishable by imprisonment for life or any term of years 21
but not more less than 20 10 years. As used in this section: 22
(a) "Gang" means an ongoing organization, association, or 23
group of 5 or more people, other than a nonprofit organization, 24
that identifies itself by all of the following: 25
(i) A unifying mark, manner, protocol, or method of expressing 26
membership, including a common name, sign or symbol, means of 27
recognition, geographical or territorial sites, or boundary or 28
location. 29
93

ELF H02202'25_HB5917_INTR_1 b2ey6p
(ii) An established leadership or command structure. 1
(iii) Defined membership criteria. 2
(b) "Gang member" or "member of a gang" means a person who 3
belongs to a gang. 4
(2) A sentence imposed under this section is in addition to 5
the sentence imposed for the conviction of the underlying felony or 6
the attempt to commit the underlying felony and may be served 7
consecutively with and preceding any term of imprisonment imposed 8
for the conviction of the felony or attempt to commit the felony. 9
Sec. 451. (1) Except as otherwise provided in this section, a 10
person convicted of violating section 448, 449, 449a(1), 450, or 11
462 is guilty of a misdemeanor punishable by imprisonment for not 12
more than 93 days or a fine of not more than $500.00, or both. 13
(2) A person 16 years of age or older who is convicted of 14
violating section 448, 449, 449a(1), 450, or 462 and who has 1 15
prior conviction is guilty of a misdemeanor punishable by 16
imprisonment for not more than 1 year or a fine of not more than 17
$1,000.00, or both. 18
(3) A person convicted of violating section 448, 449, 449a(1), 19
450, or 462 and who has 2 or more prior convictions is guilty of a 20
felony punishable by imprisonment for not more than 2 years or a 21
fine of not more than $2,000.00, or both. 22
(4) A person convicted of violating section 449a(2) is guilty 23
of a felony punishable by imprisonment for life or any term of 24
years not more less than 5 20 years or a fine of not more than 25
$10,000.00, or both. 26
(5) If the prosecuting attorney intends to seek an enhanced 27
sentence based upon the defendant having 1 or more prior 28
convictions, the prosecuting attorney shall include on the 29
94

ELF H02202'25_HB5917_INTR_1 b2ey6p
complaint and information a statement listing the prior conviction 1
or convictions. The existence of the defendant's prior conviction 2
or convictions shall be determined by the court, without a jury, at 3
sentencing or at a separate hearing for that purpose before 4
sentencing. The existence of a prior conviction may be established 5
by any evidence relevant for that purpose, including, but not 6
limited to, 1 or more of the following: 7
(a) A copy of the judgment of conviction. 8
(b) A transcript of a prior trial, plea-taking, or sentencing. 9
(c) Information contained in a presentence report. 10
(d) The defendant's statement. 11
(6) In any prosecution of a person under 18 years of age for 12
an offense punishable under this section or a local ordinance 13
substantially corresponding to an offense punishable under this 14
section, it shall be presumed that the person under 18 years of age 15
was coerced into child sexually abusive activity or commercial 16
sexual activity in violation of section 462e or otherwise forced or 17
coerced into committing that offense by another person engaged in 18
human trafficking in violation of sections 462a to 462h. The 19
prosecution may overcome this presumption by proving beyond a 20
reasonable doubt that the person was not forced or coerced into 21
committing the offense. The state may petition the court to find 22
the person under 18 years of age to be dependent and in danger of 23
substantial physical or psychological harm under section 2(b)(3) of 24
chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2. 25
A person under 18 years of age who fails to substantially comply 26
with court-ordered services under section 2(b)(3) of chapter XIIA 27
of the probate code of 1939, 1939 PA 288, MCL 712A.2, is not 28
eligible for the presumption under this section. 29
95

ELF H02202'25_HB5917_INTR_1 b2ey6p
(7) Excluding any reasonable period of detention for 1
investigation purposes, a law enforcement officer who encounters a 2
person under 18 years of age engaging in any conduct that would be 3
a violation of section 448, 449, 450, or 462, or a local ordinance 4
substantially corresponding to section 448, 449, 450, or 462, if 5
engaged in by a person 16 years of age or over shall immediately 6
report to the department of health and human services a suspected 7
violation of human trafficking involving a person under 18 years of 8
age in violation of sections 462a to 462h. 9
(8) The department of health and human services shall begin an 10
investigation of a human trafficking violation reported to the 11
department of health and human services under subsection (7) within 12
24 hours after the report is made to the department of health and 13
human services, as provided in section 8 of the child protection 14
law, 1975 PA 238, MCL 722.628. The investigation shall include a 15
determination as to whether the person under 18 years of age is 16
dependent and in danger of substantial physical or psychological 17
harm under section 2(b)(3) of chapter XIIA of the probate code of 18
1939, 1939 PA 288, MCL 712A.2. 19
(9) As used in this section, "prior conviction" means a 20
violation of section 448, 449, 449a(1), 450, or 462 or a violation 21
of a law of another state or of a political subdivision of this 22
state or another state substantially corresponding to section 448, 23
449, 449a(1), 450, or 462. 24
Sec. 459. (1) A person shall not knowingly transport or cause 25
to be transported, or aid or assist in obtaining transportation 26
for, by any means of conveyance, into, through, or across this 27
state, any person for the purpose of prostitution or with the 28
intent and purpose to induce, entice, or compel that person to 29
96

ELF H02202'25_HB5917_INTR_1 b2ey6p
become a prostitute. A person who violates this subsection is 1
guilty of a felony punishable by imprisonment for life or any term 2
of years but not more than 20 less than 10 years or a fine of not 3
more than $20,000.00, or both. 4
(2) A person shall not knowingly sell or offer to sell travel 5
services that include or facilitate travel for the purpose of 6
engaging in what would be a violation of this chapter, concerning 7
prostitution, or of chapter LXVIIA, concerning human trafficking, 8
if the violation occurred in this state. Except as provided in 9
subsection (3), a person who violates this subsection is guilty of 10
a felony punishable by imprisonment for not more than 5 years or a 11
fine of not more than $10,000.00, or both. 12
(3) If a person violates subsection (2) and the violation 13
involves conduct against a minor, the person is guilty of a felony 14
punishable by imprisonment for not more than 10 years or a fine of 15
not more than $15,000.00, or both. 16
(4) A person who violates this section may be prosecuted, 17
indicted, tried, and convicted in any county or city in or through 18
which he or she shall transport or attempt to transport any person 19
in violation of this section. 20
(5) As used in this section, "travel services" means 21
transportation by air, sea, or ground, hotel or other lodging 22
accommodations, package tours, or the provision of vouchers or 23
coupons to be redeemed for future travel, or accommodations for a 24
fee, commission, or other valuable consideration. 25
Sec. 479. (1) A person shall not knowingly and willfully do 26
any of the following: 27
(a) Assault, batter, wound, obstruct, or endanger a medical 28
examiner, township treasurer, judge, magistrate, probation officer, 29
97

ELF H02202'25_HB5917_INTR_1 b2ey6p
parole officer, prosecutor, city attorney, court employee, court 1
officer, or other officer or duly authorized person serving or 2
attempting to serve or execute any process, rule, or order made or 3
issued by lawful authority or otherwise acting in the performance 4
of his or her duties. 5
(b) Assault, batter, wound, obstruct, or endanger an officer 6
enforcing an ordinance, law, rule, order, or resolution of the 7
common council of a city board of trustees, the common council or 8
village council of an incorporated village, or a township board of 9
a township. 10
(2) Except as provided in subsections (3), (4), and (5), a 11
person who violates this section is guilty of a felony punishable 12
by imprisonment for life or any term of years but not more than 2 13
years less than 1 year and 6 months or a fine of not more than 14
$2,000.00, or both. 15
(3) A person who violates this section and by that violation 16
causes a bodily injury requiring medical attention or medical care 17
to an individual described in this section is guilty of a felony 18
punishable by imprisonment for not more than 4 years or a fine of 19
not more than $5,000.00, or both. 20
(4) A person who violates this section and by that violation 21
causes serious impairment of a body function of an individual 22
described in this section is guilty of a felony punishable by 23
imprisonment for not more than 10 years or a fine of not more than 24
$10,000.00, or both. 25
(5) A person who violates this section and by that violation 26
causes the death of an individual described in this section is 27
guilty of a felony punishable by imprisonment for not more than 20 28
years or a fine of not more than $20,000.00, or both. 29
98

ELF H02202'25_HB5917_INTR_1 b2ey6p
(6) This section does not prohibit an individual from being 1
charged with, convicted of, or punished for any other violation of 2
law that is committed by that individual while violating this 3
section. 4
(7) The court may order a term of imprisonment for a violation 5
of this section to be served consecutively to any other term of 6
imprisonment imposed for a violation arising out of the same 7
criminal transaction as the violation of this section. 8
(8) As used in this section: 9
(a) "Obstruct" includes the use or threatened use of physical 10
interference or force or a knowing failure to comply with a lawful 11
command. 12
(b) "Serious impairment of a body function" means that term as 13
defined in section 58c of the Michigan vehicle code, 1949 PA 300, 14
MCL 257.58c. 15
Sec. 479a. (1) An operator of a motor vehicle or vessel who is 16
given by hand, voice, emergency light, or siren a visual or audible 17
signal by a police or conservation officer, acting in the lawful 18
performance of his or her duty, directing the operator to bring his 19
or her motor vehicle or vessel to a stop shall not willfully fail 20
to obey that direction by increasing the speed of the vehicle or 21
vessel, extinguishing the lights of the vehicle or vessel, or 22
otherwise attempting to flee or elude the police or conservation 23
officer. This subsection does not apply unless the police or 24
conservation officer giving the signal is in uniform and the 25
officer's vehicle or vessel is identified as an official police or 26
department of natural resources vehicle or vessel. 27
(2) Except as provided in subsection (3), (4), or (5), an 28
individual who violates subsection (1) is guilty of fourth-degree 29
99

ELF H02202'25_HB5917_INTR_1 b2ey6p
fleeing and eluding, a felony, punishable by imprisonment for life 1
or any term of years but not more less than 2 years or a fine of 2
not more than $2,000.00, or both. 3
(3) Except as provided in subsection (4) or (5), an individual 4
who violates subsection (1) is guilty of third-degree fleeing and 5
eluding, a felony, punishable by imprisonment for life or any term 6
of years but not more less than 5 4 years or a fine of not more 7
than $5,000.00, or both, if 1 or more of the following 8
circumstances apply: 9
(a) The violation results in a collision or accident. 10
(b) For a motor vehicle, a portion of the violation occurred 11
in an area where the speed limit is 35 miles an hour or less, 12
whether that speed limit is posted or imposed as a matter of law 13
or, for a vessel, a portion of the violation occurred in an area 14
designated as "slow—–no wake", "no wake", or "restricted" whether 15
the area is posted or created by law or administrative rule. 16
(c) The individual has a prior conviction for fourth-degree 17
fleeing and eluding, attempted fourth-degree fleeing and eluding, 18
or fleeing and eluding under a current or former law of this state 19
prohibiting substantially similar conduct. 20
(4) Except as provided in subsection (5), an individual who 21
violates subsection (1) is guilty of second-degree fleeing and 22
eluding, a felony, punishable by imprisonment for life or any term 23
of years but not more less than 10 6 years or a fine of not more 24
than $10,000.00, or both, if 1 or more of the following 25
circumstances apply: 26
(a) The violation results in serious impairment of a body 27
function of an individual. 28
(b) The individual has 1 or more prior convictions for first-, 29
100

ELF H02202'25_HB5917_INTR_1 b2ey6p
second-, or third-degree fleeing and eluding, attempted first-, 1
second-, or third-degree fleeing and eluding, or fleeing and 2
eluding under a current or former law of this state prohibiting 3
substantially similar conduct. 4
(c) The individual has any combination of 2 or more prior 5
convictions for fourth-degree fleeing and eluding, attempted 6
fourth-degree fleeing and eluding, or fleeing and eluding under a 7
current or former law of this state prohibiting substantially 8
similar conduct. 9
(5) If the violation results in the death of another 10
individual, an individual who violates subsection (1) is guilty of 11
first-degree fleeing and eluding, a felony punishable by 12
imprisonment for not more than 15 years or a fine of not more than 13
$15,000.00, or both. 14
(6) Upon a conviction for a violation or attempted violation 15
under subsection (2) or (3), the following apply: 16
(a) If the individual was operating a motor vehicle, the 17
secretary of state shall suspend the individual's operator's or 18
chauffeur's license as provided in section 319 of the Michigan 19
vehicle code, 1949 PA 300, MCL 257.319. 20
(b) If the individual was operating a vessel, the individual's 21
privilege to operate a vessel shall be suspended for a period not 22
to exceed 5 years. 23
(7) Upon a conviction for a violation or attempted violation 24
under subsection (4) or (5), the following apply: 25
(a) If the individual was operating a motor vehicle, the 26
secretary of state shall revoke the individual's operator's or 27
chauffeur's license as provided in section 303 of the Michigan 28
vehicle code, 1949 PA 300, MCL 257.303. 29
101

ELF H02202'25_HB5917_INTR_1 b2ey6p
(b) If the individual was operating a vessel, the individual's 1
privilege to operate a vessel shall be revoked for a period of not 2
less than 5 years. 3
(8) Except as otherwise provided in this subsection, a 4
conviction under this section does not prohibit a conviction and 5
sentence under any other applicable provision for conduct arising 6
out of the same transaction. A conviction under subsection (2), 7
(3), (4), or (5) prohibits a conviction under section 602a of the 8
Michigan vehicle code, 1949 PA 300, MCL 257.602a, for conduct 9
arising out of the same transaction. 10
(9) As used in this section: 11
(a) "Prior conviction" means: 12
(i) For a violation of this section while operating a motor 13
vehicle, the person had a previous conviction for a violation of 14
this section while operating a motor vehicle or a previous 15
conviction for fleeing and eluding under a current or former law of 16
this state prohibiting substantially similar conduct while 17
operating a motor vehicle. 18
(ii) For a violation of this section while operating a vessel, 19
the person had a previous conviction for a violation of this 20
section while operating a vessel. 21
(b) "Serious impairment of a body function" means that term as 22
defined in section 58c of the Michigan vehicle code, 1949 PA 300, 23
MCL 257.58c. 24
(c) "Vessel" means that term as defined in section 80104 of 25
the natural resources and environmental protection act, 1994 PA 26
451, MCL 324.80104. 27
(10) This section shall may be known and may be cited as the 28
"Lieutenant Donald Bezenah law". 29
102

ELF H02202'25_HB5917_INTR_1 b2ey6p
Sec. 479b. (1) An individual who takes a weapon other than a 1
firearm from the lawful possession of a peace officer or a 2
corrections officer is guilty of a felony punishable by 3
imprisonment for life or any term of years but not more less than 4 4
years or a fine of not more than $2,500.00, or both, if all of the 5
following circumstances exist at the time the weapon is taken: 6
(a) The individual knows or has reason to believe the person 7
from whom the weapon is taken is a peace officer or a corrections 8
officer. 9
(b) The peace officer or corrections officer is performing his 10
or her duties as a peace officer or a corrections officer. 11
(c) The individual takes the weapon without consent of the 12
peace officer or corrections officer. 13
(d) The peace officer or corrections officer is authorized by 14
his or her employer to carry the weapon in the line of duty. 15
(2) An individual who takes a firearm from the lawful 16
possession of a peace officer or a corrections officer is guilty of 17
a felony punishable by imprisonment for life or any term of years 18
but not more less than 10 4 years or a fine of not more than 19
$5,000.00, or both, if all of the following circumstances exist at 20
the time the firearm is taken: 21
(a) The individual knows or has reason to believe the person 22
from whom the firearm is taken is a peace officer or a corrections 23
officer. 24
(b) The peace officer or corrections officer is performing his 25
or her duties as a peace officer or a corrections officer. 26
(c) The individual takes the firearm without the consent of 27
the peace officer or corrections officer. 28
(d) The peace officer or corrections officer is authorized by 29
103

ELF H02202'25_HB5917_INTR_1 b2ey6p
his or her employer to carry the firearm in the line of duty. 1
(3) This section does not prohibit an individual from being 2
charged with, convicted of, or punished for any other violation of 3
law that is committed by that individual while violating this 4
section. 5
(4) A term of imprisonment imposed for a violation of this 6
section may run consecutively to any term of imprisonment imposed 7
for another violation arising from the same transaction. 8
(5) As used in this section: 9
(a) "Corrections officer" means a prison or jail guard or 10
other employee of a jail or a state or federal correctional 11
facility, who performs duties involving the transportation, care, 12
custody, or supervision of prisoners. 13
(b) "Peace officer" means 1 or more of the following: 14
(i) A police officer of this state or a political subdivision 15
of this state. 16
(ii) A police officer of any entity of the United States. 17
(iii) The sheriff of a county of this state or the sheriff's 18
deputy. 19
(iv) A public safety officer of a college or university who is 20
authorized by the governing board of that college or university to 21
enforce state law and the rules and ordinances of that college or 22
university. 23
(v) A conservation officer of the department of natural 24
resources. 25
(vi) A conservation officer of the United States department of 26
interior.Department of the Interior. 27
Sec. 483a. (1) A person shall not do any of the following: 28
(a) Withhold or refuse to produce any testimony, information, 29
104

ELF H02202'25_HB5917_INTR_1 b2ey6p
document, or thing after the court has ordered it to be produced 1
following a hearing. 2
(b) Prevent or attempt to prevent through the unlawful use of 3
physical force another person from reporting a crime committed or 4
attempted by another person. 5
(c) Intentionally use the person's professional position of 6
authority over another person to prevent or attempt to prevent the 7
other person from reporting a crime listed in section 136b, 520b, 8
520c, 520d, 520e, or 520g, that is committed or attempted by 9
another person. 10
(d) Retaliate or attempt to retaliate against another person 11
for having reported or attempted to report a crime committed or 12
attempted by another person. As used in this subdivision, 13
"retaliate" means to do any of the following: 14
(i) Commit or attempt to commit a crime against any person. 15
(ii) Threaten to kill or injure any person or threaten to cause 16
property damage. 17
(2) A person who violates subsection (1) is guilty of a crime 18
as follows: 19
(a) Except as provided in subdivision (b), the person is 20
guilty of a misdemeanor punishable by imprisonment for not more 21
than 1 year or a fine of not more than $1,000.00, or both. 22
(b) If the violation involves committing or attempting to 23
commit a crime or a threat to kill or injure any person or to cause 24
property damage, the person is guilty of a felony. punishable by 25
The court shall sentence the person to imprisonment for not more 26
than 10 5 years or and may impose a fine of not more than 27
$20,000.00, or both. 28
(3) A person shall not do any of the following: 29
105

ELF H02202'25_HB5917_INTR_1 b2ey6p
(a) Give, offer to give, or promise anything of value to any 1
person to influence a person's statement to a police officer 2
conducting a lawful investigation of a crime or the presentation of 3
evidence to a police officer conducting a lawful investigation of a 4
crime. 5
(b) Threaten or intimidate any person to influence a person's 6
statement to a police officer conducting a lawful investigation of 7
a crime or the presentation of evidence to a police officer 8
conducting a lawful investigation of a crime. 9
(4) A person who violates subsection (3) is guilty of a crime 10
as follows: 11
(a) Except as provided in subdivision (b), the person is 12
guilty of a misdemeanor punishable by imprisonment for not more 13
than 1 year or a fine of not more than $1,000.00, or both. 14
(b) If the violation involves committing or attempting to 15
commit a crime or a threat to kill or injure any person or to cause 16
property damage, the person is guilty of a felony punishable by 17
imprisonment for not more than 10 years or a fine of not more than 18
$20,000.00, or both. 19
(5) A person shall not do any of the following: 20
(a) Knowingly and intentionally remove, alter, conceal, 21
destroy, or otherwise tamper with evidence to be offered in a 22
present or future official proceeding. 23
(b) Offer evidence at an official proceeding that the person 24
recklessly disregards as false. 25
(6) A person who violates subsection (5) is guilty of a crime 26
as follows: 27
(a) Except as provided in subdivision (b), the person is 28
guilty of a felony, punishable by and the court shall sentence the 29
106

ELF H02202'25_HB5917_INTR_1 b2ey6p
person to imprisonment for not more than 4 2 years or and 6 months 1
and may impose a fine of not more than $5,000.00. , or both. 2
(b) If the violation is committed in a criminal case for which 3
the maximum term of imprisonment for the violation is more than 10 4
years, or the violation is punishable by imprisonment for life or 5
any term of years, the person is guilty of a felony punishable by 6
imprisonment for life or any term of years but not more less than 7
10 years or a fine of not more than $20,000.00, or both. 8
(7) It is an affirmative defense under subsection (3), for 9
which the defendant has the burden of proof by a preponderance of 10
the evidence, that the conduct consisted solely of lawful conduct 11
and that the defendant's sole intention was to encourage, induce, 12
or cause the other person to provide a statement or evidence 13
truthfully. 14
(8) Subsections (1)(a), (3)(b), and (5)(b) do not apply to any 15
of the following: 16
(a) The lawful conduct of an attorney in the performance of 17
the attorney's duties, such as advising a client. 18
(b) The lawful conduct or communications of a person as 19
permitted by statute or other lawful privilege. 20
(9) This section does not prohibit a person from being charged 21
with, convicted of, or punished for any other violation of law 22
arising out of the same transaction as the violation of this 23
section. 24
(10) The court may order a term of imprisonment imposed for a 25
violation of this section to be served consecutively to a term of 26
imprisonment imposed for any other crime including any other 27
violation of law arising out of the same transaction as the 28
violation of this section. 29
107

ELF H02202'25_HB5917_INTR_1 b2ey6p
(11) As used in this section: 1
(a) "Official proceeding" means a proceeding heard before a 2
legislative, judicial, administrative, or other governmental agency 3
or official authorized to hear evidence under oath, including a 4
referee, prosecuting attorney, hearing examiner, commissioner, 5
notary, or other person taking testimony or deposition in that 6
proceeding. 7
(b) "Threaten or intimidate" does not mean a communication 8
regarding the otherwise lawful access to courts or other branches 9
of government, such as the lawful filing of any civil action or 10
police report of which the purpose is not to harass the other 11
person in violation of section 2907 of the revised judicature act 12
of 1961, 1961 PA 236, MCL 600.2907. 13
Sec. 520b. (1) A person is guilty of criminal sexual conduct 14
in the first degree if he or she engages in sexual penetration with 15
another person and if any of the following circumstances 16
exists:exist: 17
(a) That other person is under 13 years of age. 18
(b) That other person is at least 13 but less than 16 years of 19
age and any of the following: 20
(i) The actor is a member of the same household as the victim. 21
(ii) The actor is related to the victim by blood or affinity to 22
the fourth degree. 23
(iii) The actor is in a position of authority over the victim 24
and used this authority to coerce the victim to submit. 25
(iv) The actor is a teacher, substitute teacher, or 26
administrator of the public school, nonpublic school, school 27
district, or intermediate school district in which that other 28
person is enrolled. 29
108

ELF H02202'25_HB5917_INTR_1 b2ey6p
(v) The actor is an employee or a contractual service provider 1
of the public school, nonpublic school, school district, or 2
intermediate school district in which that other person is 3
enrolled, or is a volunteer who is not a student in any public 4
school or nonpublic school, or is an employee of this state or of a 5
local unit of government of this state or of the United States 6
assigned to provide any service to that public school, nonpublic 7
school, school district, or intermediate school district, and the 8
actor uses his or her employee, contractual, or volunteer status to 9
gain access to, or to establish a relationship with, that other 10
person. 11
(vi) The actor is an employee, contractual service provider, or 12
volunteer of a child care organization, or a person licensed to 13
operate a foster family home or a foster family group home in which 14
that other person is a resident, and the sexual penetration occurs 15
during the period of that other person's residency. As used in this 16
subparagraph, "child care organization", "foster family home", and 17
"foster family group home" mean those terms as defined in section 1 18
of 1973 PA 116, MCL 722.111. 19
(c) Sexual penetration occurs under circumstances involving 20
the commission of any other felony. 21
(d) The actor is aided or abetted by 1 or more other persons 22
and either of the following circumstances exists: 23
(i) The actor knows or has reason to know that the victim is 24
mentally incapable, mentally incapacitated, or physically helpless. 25
(ii) The actor uses force or coercion to accomplish the sexual 26
penetration. Force or coercion includes, but is not limited to, any 27
of the circumstances listed in subdivision (f). 28
(e) The actor is armed with a weapon or any article used or 29
109

ELF H02202'25_HB5917_INTR_1 b2ey6p
fashioned in a manner to lead the victim to reasonably believe it 1
to be a weapon. 2
(f) The actor causes personal injury to the victim and force 3
or coercion is used to accomplish sexual penetration. Force or 4
coercion includes, but is not limited to, any of the following 5
circumstances: 6
(i) When the actor overcomes the victim through the actual 7
application of physical force or physical violence. 8
(ii) When the actor coerces the victim to submit by threatening 9
to use force or violence on the victim, and the victim believes 10
that the actor has the present ability to execute these threats. 11
(iii) When the actor coerces the victim to submit by threatening 12
to retaliate in the future against the victim, or any other person, 13
and the victim believes that the actor has the ability to execute 14
this threat. As used in this subdivision, "to retaliate" includes 15
threats of physical punishment, kidnapping, or extortion. 16
(iv) When the actor engages in the medical treatment or 17
examination of the victim in a manner or for purposes that are 18
medically recognized as unethical or unacceptable. 19
(v) When the actor, through concealment or by the element of 20
surprise, is able to overcome the victim. 21
(g) The actor causes personal injury to the victim, and the 22
actor knows or has reason to know that the victim is mentally 23
incapable, mentally incapacitated, or physically helpless. 24
(h) That other person is mentally incapable, mentally 25
disabled, mentally incapacitated, or physically helpless, and any 26
of the following: 27
(i) The actor is related to the victim by blood or affinity to 28
the fourth degree. 29
110

ELF H02202'25_HB5917_INTR_1 b2ey6p
(ii) The actor is in a position of authority over the victim 1
and used this authority to coerce the victim to submit. 2
(2) Criminal sexual conduct in the first degree is a felony 3
punishable as follows: 4
(a) Except as provided in subdivisions (b) and (c), by 5
imprisonment for life or for any term of years, but not less than 6
15 years. 7
(b) For a violation that is committed by an individual 17 8
years of age or older against an individual less than 13 years of 9
age by imprisonment for life or any term of years, but not less 10
than 25 years. 11
(c) For a violation that is committed by an individual 18 12
years of age or older against an individual less than 13 years of 13
age, by imprisonment for life without the possibility of parole if 14
the person was previously convicted of a violation of this section 15
or section 520c, 520d, 520e, or 520g committed against an 16
individual less than 13 years of age or a violation of law of the 17
United States, another state or political subdivision substantially 18
corresponding to a violation of this section or section 520c, 520d, 19
520e, or 520g committed against an individual less than 13 years of 20
age. 21
(3) (d) In addition to any other penalty imposed under 22
subdivision (a) or (b), subsection (2), the court shall sentence 23
the defendant to lifetime electronic monitoring under section 520n. 24
(4) (3) The court may order a term of imprisonment imposed 25
under this section to be served consecutively to any term of 26
imprisonment imposed for any other criminal offense arising from 27
the same transaction. 28
Sec. 520c. (1) A person is guilty of criminal sexual conduct 29
111

ELF H02202'25_HB5917_INTR_1 b2ey6p
in the second degree if the person engages in sexual contact with 1
another person and if any of the following circumstances 2
exists:exist: 3
(a) That other person is under 13 years of age. 4
(b) That other person is at least 13 but less than 16 years of 5
age and any of the following: 6
(i) The actor is a member of the same household as the victim. 7
(ii) The actor is related by blood or affinity to the fourth 8
degree to the victim. 9
(iii) The actor is in a position of authority over the victim 10
and the actor used this authority to coerce the victim to submit. 11
(iv) The actor is a teacher, substitute teacher, or 12
administrator of the public school, nonpublic school, school 13
district, or intermediate school district in which that other 14
person is enrolled. 15
(v) The actor is an employee or a contractual service provider 16
of the public school, nonpublic school, school district, or 17
intermediate school district in which that other person is 18
enrolled, or is a volunteer who is not a student in any public 19
school or nonpublic school, or is an employee of this state or of a 20
local unit of government of this state or of the United States 21
assigned to provide any service to that public school, nonpublic 22
school, school district, or intermediate school district, and the 23
actor uses his or her employee, contractual, or volunteer status to 24
gain access to, or to establish a relationship with, that other 25
person. 26
(vi) The actor is an employee, contractual service provider, or 27
volunteer of a child care organization, or a person licensed to 28
operate a foster family home or a foster family group home in which 29
112

ELF H02202'25_HB5917_INTR_1 b2ey6p
that other person is a resident and the sexual contact occurs 1
during the period of that other person's residency. As used in this 2
subdivision, "child care organization", "foster family home", and 3
"foster family group home" mean those terms as defined in section 1 4
of 1973 PA 116, MCL 722.111. 5
(c) Sexual contact occurs under circumstances involving the 6
commission of any other felony. 7
(d) The actor is aided or abetted by 1 or more other persons 8
and either of the following circumstances exists: 9
(i) The actor knows or has reason to know that the victim is 10
mentally incapable, mentally incapacitated, or physically helpless. 11
(ii) The actor uses force or coercion to accomplish the sexual 12
contact. Force or coercion includes, but is not limited to, any of 13
the circumstances listed in section 520b(1)(f). 14
(e) The actor is armed with a weapon, or any article used or 15
fashioned in a manner to lead a person to reasonably believe it to 16
be a weapon. 17
(f) The actor causes personal injury to the victim and force 18
or coercion is used to accomplish the sexual contact. Force or 19
coercion includes, but is not limited to, any of the circumstances 20
listed in section 520b(1)(f). 21
(g) The actor causes personal injury to the victim and the 22
actor knows or has reason to know that the victim is mentally 23
incapable, mentally incapacitated, or physically helpless. 24
(h) That other person is mentally incapable, mentally 25
disabled, mentally incapacitated, or physically helpless, and any 26
of the following: 27
(i) The actor is related to the victim by blood or affinity to 28
the fourth degree. 29
113

ELF H02202'25_HB5917_INTR_1 b2ey6p
(ii) The actor is in a position of authority over the victim 1
and used this authority to coerce the victim to submit. 2
(i) That other person is under the jurisdiction of the 3
department of corrections and the actor is an employee or a 4
contractual employee of, or a volunteer with, the department of 5
corrections who knows that the other person is under the 6
jurisdiction of the department of corrections. 7
(j) That other person is under the jurisdiction of the 8
department of corrections and the actor is an employee or a 9
contractual employee of, or a volunteer with, a private vendor that 10
operates a youth correctional facility under section 20g of the 11
corrections code of 1953, 1953 PA 232, MCL 791.220g, who knows that 12
the other person is under the jurisdiction of the department of 13
corrections. 14
(k) That other person is a prisoner or probationer under the 15
jurisdiction of a county for purposes of imprisonment or a work 16
program or other probationary program and the actor is an employee 17
or a contractual employee of or a volunteer with the county or the 18
department of corrections who knows that the other person is under 19
the county's jurisdiction. 20
(l) The actor knows or has reason to know that a court has 21
detained the victim in a facility while the victim is awaiting a 22
trial or hearing, or committed the victim to a facility as a result 23
of the victim having been found responsible for committing an act 24
that would be a crime if committed by an adult, and the actor is an 25
employee or contractual employee of, or a volunteer with, the 26
facility in which the victim is detained or to which the victim was 27
committed. 28
(2) Criminal sexual conduct in the second degree is a felony 29
114

ELF H02202'25_HB5917_INTR_1 b2ey6p
punishable as follows: 1
(a) By by imprisonment for life or any term of years but not 2
more less than 15 10 years. 3
(3) (b) In addition to the penalty specified in subdivision 4
(a), the court shall sentence the defendant to lifetime electronic 5
monitoring under section 520n if the violation involved sexual 6
contact committed by an individual 17 years of age or older against 7
an individual less than 13 years of age. 8
Sec. 520d. (1) A person is guilty of criminal sexual conduct 9
in the third degree if the person engages in sexual penetration 10
with another person and if any of the following circumstances 11
exist: 12
(a) That other person is at least 13 years of age and under 16 13
years of age. 14
(b) Force or coercion is used to accomplish the sexual 15
penetration. Force or coercion includes but is not limited to any 16
of the circumstances listed in section 520b(1)(f)(i) to (v). 17
(c) The actor knows or has reason to know that the victim is 18
mentally incapable, mentally incapacitated, or physically helpless. 19
(d) That other person is related to the actor by blood or 20
affinity to the third degree and the sexual penetration occurs 21
under circumstances not otherwise prohibited by this chapter. It is 22
an affirmative defense to a prosecution under this subdivision that 23
the other person was in a position of authority over the defendant 24
and used this authority to coerce the defendant to violate this 25
subdivision. The defendant has the burden of proving this defense 26
by a preponderance of the evidence. This subdivision does not apply 27
if both persons are lawfully married to each other at the time of 28
the alleged violation. 29
115

ELF H02202'25_HB5917_INTR_1 b2ey6p
(e) That other person is at least 16 years of age but less 1
than 18 years of age and a student at a public school or nonpublic 2
school, and either of the following applies: 3
(i) The actor is a teacher, substitute teacher, or 4
administrator of that public school, nonpublic school, school 5
district, or intermediate school district. This subparagraph does 6
not apply if the other person is emancipated at the time of the 7
alleged violation. 8
(ii) The actor is an employee or a contractual service provider 9
of the public school, nonpublic school, school district, or 10
intermediate school district in which that other person is 11
enrolled, or is a volunteer who is not a student in any public 12
school or nonpublic school, or is an employee of this state or of a 13
local unit of government of this state or of the United States 14
assigned to provide any service to that public school, nonpublic 15
school, school district, or intermediate school district, and the 16
actor uses the actor's employee, contractual, or volunteer status 17
to gain access to, or to establish a relationship with, that other 18
person. 19
(f) That other person is at least 16 years old but less than 20
26 years of age and is receiving special education services, and 21
either of the following applies: 22
(i) The actor is a teacher, substitute teacher, administrator, 23
employee, or contractual service provider of the public school, 24
nonpublic school, school district, or intermediate school district 25
from which that other person receives the special education 26
services. This subparagraph does not apply if both persons are not 27
less than 18 years of age and were lawfully married to each other 28
at the time of the alleged violation. 29
116

ELF H02202'25_HB5917_INTR_1 b2ey6p
(ii) The actor is a volunteer who is not a student in any 1
public school or nonpublic school, or is an employee of this state 2
or of a local unit of government of this state or of the United 3
States assigned to provide any service to that public school, 4
nonpublic school, school district, or intermediate school district, 5
and the actor uses the actor's employee, contractual, or volunteer 6
status to gain access to, or to establish a relationship with, that 7
other person. 8
(g) The actor is an employee, contractual service provider, or 9
volunteer of a child care organization, or a person licensed to 10
operate a foster family home or a foster family group home, in 11
which that other person is a resident, that other person is at 12
least 16 years of age, and the sexual penetration occurs during 13
that other person's residency. As used in this subdivision, "child 14
care organization", "foster family home", and "foster family group 15
home" mean those terms as defined in section 1 of 1973 PA 116, MCL 16
722.111. 17
(2) Criminal sexual conduct in the third degree is a felony 18
punishable by imprisonment for life or any term of years but not 19
more less than 15 5 years. 20
Sec. 520e. (1) A person is guilty of criminal sexual conduct 21
in the fourth degree if the person engages in sexual contact with 22
another person and if any of the following circumstances exist: 23
(a) That other person is at least 13 years of age but less 24
than 16 years of age, and the actor is 5 or more years older than 25
that other person. 26
(b) Force or coercion is used to accomplish the sexual 27
contact. Force or coercion includes, but is not limited to, any of 28
the following circumstances: 29
117

ELF H02202'25_HB5917_INTR_1 b2ey6p
(i) When the actor overcomes the victim through the actual 1
application of physical force or physical violence. 2
(ii) When the actor coerces the victim to submit by threatening 3
to use force or violence on the victim, and the victim believes 4
that the actor has the present ability to execute that threat. 5
(iii) When the actor coerces the victim to submit by threatening 6
to retaliate in the future against the victim, or any other person, 7
and the victim believes that the actor has the ability to execute 8
that threat. As used in this subparagraph, "to retaliate" includes 9
threats of physical punishment, kidnapping, or extortion. 10
(iv) When the actor engages in the medical treatment or 11
examination of the victim in a manner or for purposes which are 12
medically recognized as unethical or unacceptable. 13
(v) When the actor achieves the sexual contact through 14
concealment or by the element of surprise. 15
(c) The actor knows or has reason to know that the victim is 16
mentally incapable, mentally incapacitated, or physically helpless. 17
(d) That other person is related to the actor by blood or 18
affinity to the third degree and the sexual contact occurs under 19
circumstances not otherwise prohibited by this chapter. It is an 20
affirmative defense to a prosecution under this subdivision that 21
the other person was in a position of authority over the defendant 22
and used this authority to coerce the defendant to violate this 23
subdivision. The defendant has the burden of proving this defense 24
by a preponderance of the evidence. This subdivision does not apply 25
if both persons are lawfully married to each other at the time of 26
the alleged violation. 27
(e) The actor is a mental health professional and the sexual 28
contact occurs during or within 2 years after the period in which 29
118

ELF H02202'25_HB5917_INTR_1 b2ey6p
the victim is the actor's client or patient and not the actor's 1
spouse. The consent of the victim is not a defense to a prosecution 2
under this subdivision. A prosecution under this subsection shall 3
not be used as evidence that the victim is mentally incompetent. 4
(f) That other person is at least 16 years of age but less 5
than 18 years of age and a student at a public school or nonpublic 6
school, and either of the following applies: 7
(i) The actor is a teacher, substitute teacher, or 8
administrator of that public school, nonpublic school, school 9
district, or intermediate school district. This subparagraph does 10
not apply if the other person is emancipated at the time of the 11
alleged violation. 12
(ii) The actor is an employee or a contractual service provider 13
of the public school, nonpublic school, school district, or 14
intermediate school district in which that other person is 15
enrolled, or is a volunteer who is not a student in any public 16
school or nonpublic school, or is an employee of this state or of a 17
local unit of government of this state or of the United States 18
assigned to provide any service to that public school, nonpublic 19
school, school district, or intermediate school district, and the 20
actor uses the actor's employee, contractual, or volunteer status 21
to gain access to, or to establish a relationship with, that other 22
person. 23
(g) That other person is at least 16 years old but less than 24
26 years of age and is receiving special education services, and 25
either of the following applies: 26
(i) The actor is a teacher, substitute teacher, administrator, 27
employee, or contractual service provider of the public school, 28
nonpublic school, school district, or intermediate school district 29
119

ELF H02202'25_HB5917_INTR_1 b2ey6p
from which that other person receives the special education 1
services. This subparagraph does not apply if both persons are not 2
less than 18 years of age and were lawfully married to each other 3
at the time of the alleged violation. 4
(ii) The actor is a volunteer who is not a student in any 5
public school or nonpublic school, or is an employee of this state 6
or of a local unit of government of this state or of the United 7
States assigned to provide any service to that public school, 8
nonpublic school, school district, or intermediate school district, 9
and the actor uses the actor's employee, contractual, or volunteer 10
status to gain access to, or to establish a relationship with, that 11
other person. 12
(h) The actor is an employee, contractual service provider, or 13
volunteer of a child care organization, or a person licensed to 14
operate a foster family home or a foster family group home, in 15
which that other person is a resident, that other person is at 16
least 16 years of age, and the sexual contact occurs during that 17
other person's residency. As used in this subdivision, "child care 18
organization", "foster family home", and "foster family group home" 19
mean those terms as defined in section 1 of 1973 PA 116, MCL 20
722.111. 21
(2) Criminal sexual conduct in the fourth degree is a 22
misdemeanor felony punishable by imprisonment for life or any term 23
of years but not more less than 2 years and 6 months or a fine of 24
not more than $500.00, or both. 25
Sec. 520g. (1) Assault with intent to commit criminal sexual 26
conduct involving sexual penetration shall be is a felony 27
punishable by imprisonment for life or any term of years but not 28
more less than 10 20 years. 29
120

ELF H02202'25_HB5917_INTR_1 b2ey6p
(2) Assault with intent to commit criminal sexual conduct in 1
the second degree is a felony punishable by imprisonment for life 2
or any term of years but not more less than 5 10 years. 3
Sec. 529. (1) A person who engages in conduct proscribed under 4
section 530 and who in the course of engaging in that conduct does 5
any of the following is guilty of armed robbery: 6
(a) Possesses a dangerous weapon. 7
(b) Possesses an article used or fashioned in a manner that 8
would cause a reasonable person to believe the article is a 9
dangerous weapon. 10
(c) Represents orally or otherwise that he or she possesses a 11
dangerous weapon. 12
(2) A person who violates this section is guilty of a felony 13
punishable by imprisonment for life or for any term of years but 14
not less than 10 years. 15
(3) If a violation of this section results in an aggravated 16
assault of or serious injury to any other person, the person must 17
be sentenced to a minimum term of imprisonment of not less than 2 18
years. 19
Sec. 529a. (1) A person who in the course of committing a 20
larceny of a motor vehicle uses force or violence or the threat of 21
force or violence, or who puts in fear any operator, passenger, or 22
person in lawful possession of the motor vehicle, or any person 23
lawfully attempting to recover the motor vehicle, is guilty of 24
carjacking, a felony, punishable by imprisonment for life or for 25
any term of years but not less than 5 years. 26
(2) As used in this section, "in the course of committing a 27
larceny of a motor vehicle" includes acts that occur in an attempt 28
to commit the larceny, or during commission of the larceny, or in 29
121

ELF H02202'25_HB5917_INTR_1 b2ey6p
flight or attempted flight after the commission of the larceny, or 1
in an attempt to retain possession of the motor vehicle. 2
(3) A sentence imposed for a violation of this section may be 3
imposed to run consecutively to any other sentence imposed for a 4
conviction that arises out of the same transaction. 5
Sec. 530. (1) A person who, in the course of committing a 6
larceny of any money or other property that may be the subject of 7
larceny, uses force or violence against any person who is present, 8
or who assaults or puts the person in fear, is guilty of a felony 9
punishable by imprisonment for life or any term of years but not 10
more than 15 less than 5 years. 11
(2) As used in this section, "in the course of committing a 12
larceny" includes acts that occur in an attempt to commit the 13
larceny, or during commission of the larceny, or in flight or 14
attempted flight after the commission of the larceny, or in an 15
attempt to retain possession of the property. 16
Sec. 531. Bank, safe and vault robbery—Any A person who, with 17
intent to commit the crime of larceny, or any felony, shall 18
confine, maim, injure confines, maims, injures, or wound, wounds, 19
or attempt, attempts or threaten threatens to confine, kill, maim, 20
injure, or wound, or shall put who puts in fear any person for the 21
purpose of stealing from any building, bank, safe, or other 22
depository of money, bond, or other valuables, or shall who by 23
intimidation, fear, or threats compel, compels or attempt attempts 24
to compel any person to disclose or surrender the means of opening 25
any building, bank, safe, vault, or other depository of money, 26
bonds, or other valuables, or shall attempt who attempts to break, 27
burn, blow up, or otherwise injure or destroy any safe, vault, or 28
other depository of money, bonds, or other valuables in any 29
122
Final Page
ELF H02202'25_HB5917_INTR_1 b2ey6p
building or place, shall, is, whether he the person succeeds or 1
fails in the perpetration of such larceny or felony, be guilty of a 2
felony , punishable by imprisonment in the state prison for life or 3
any term of years but not less than 5 years. 4
Sec. 553. (1) Except as provided in subsection (2), an 5
individual who occupies a building that is a single-family dwelling 6
or 1 or both units in a building that is a 2-family dwelling and 7
has not, at any time during that period of occupancy, occupied the 8
property with the owner's consent for an agreed-upon consideration 9
is guilty of a crime as follows: 10
(a) For a first offense, a misdemeanor punishable by a fine of 11
not more than $5,000.00 per dwelling unit occupied or imprisonment 12
for not more than 180 days, or both. 13
(b) For a second or subsequent offense, a felony punishable by 14
imprisonment for life or any term of years but not less than 1 year 15
or a fine of not more than $10,000.00 per dwelling unit occupied, 16
or imprisonment for not more than 2 years, or both. 17
(2) Subsection (1) does not apply to a guest or a family 18
member of the owner of the dwelling or of a tenant. 19
Enacting section 1. Section 145g of the Michigan penal code, 20
1931 PA 328, MCL 750.145g, is repealed. 21
Enacting section 2. This amendatory act takes effect 90 days 22
after the date it is enacted into law. 23