reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXIV - Chapter XXIV Conspiracy (750.151...750.157c) › Section 750.154 - Violation by Corporation Forfeits Charter.

750.154 Violation by corporation forfeits charter.
Sec. 154.
Violation by corporation forfeits charter—Any corporation now or hereafter organized under the laws of this state, which shall enter into any contract, agreement, understanding or combination declared illegal and criminal by the first section of this chapter, or shall do any act towards or for the purpose of carrying the same into effect in whole or in part, and which shall not within 30 days from the time when this chapter shall take effect, withdraw its assent thereto and repudiate the same and file in the office of the secretary of state such refusal and repudiation under its corporate seal, shall forfeit its charter and all its rights and franchises thereunder.
History:
1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.154
Former Law:
See section 4 of Act 225 of 1889, being How., § 9354m; CL 1897, § 11380; CL 1915, § 15098; and CL 1929, § 16677.
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXIV - Chapter XXIV Conspiracy (750.151...750.157c) › Section 750.155 - Violation by Corporation Forfeits Charter; Quo Warranto.

750.155 Violation by corporation forfeits charter; quo warranto.
Sec. 155.
Quo warranto against offending corporations—It shall be the duty of the attorney general upon his own relation, or upon the relation of any private person, whenever he shall have good reasons to believe that the same can be established by proof, to file an information in the nature of a quo warranto against any corporation offending against any of the provisions of this chapter; and thereupon the same proceedings shall be had as provided by chapter 38 of Act No. 314 of the Public Acts of 1915, being sections 15271 to 15300 inclusive of the Compiled Laws of 1929, relating to proceedings by information in the nature of quo warranto, against corporations offending against any of the provisions of the act or acts creating, altering or renewing such corporations, and in other cases.
History:
1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.155
Compiler's Notes:
Act 314 of 1915, referred to in this section, was repealed by Act 236 of 1961. See now MCL 600.101 et seq.
Former Law:
See section 5 of Act 225 of 1889, being How., § 9354n; CL 1897, § 11381; CL 1915, § 15099; and CL 1929, § 16678.
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXIV - Chapter XXIV Conspiracy (750.151...750.157c) › Section 750.156 - Chapter Inapplicable to Agricultural Products or Livestock Under Certain Conditions; Chapter Inapplicable to Conspiracy Committed Under Chapter Lxviia.

750.156 Chapter inapplicable to agricultural products or livestock under certain conditions; chapter inapplicable to conspiracy committed under chapter LXVIIA.
Sec. 156.
(1) This chapter does not apply to agricultural products or livestock while in the hands of the producer or raiser or to the services of laborers or artisans who are formed into societies or organizations for the benefit and protection of their members.
(2) This chapter does not apply to conspiracy committed under chapter LXVIIA.
History:
1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.156 ;-- Am. 2014, Act 329, Eff. Jan. 14, 2015
Former Law:
See section 6 of Act 225 of 1889, being How., § 9354o; CL 1897, § 11382; CL 1915, § 15100; CL 1929, § 16679.
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXIV - Chapter XXIV Conspiracy (750.151...750.157c) › Section 750.157 - Providing Incriminating Testimony or Evidence; Use of Truthful Testimony, Evidence, or Other Information Against Witness in Criminal Case.

750.157 Providing incriminating testimony or evidence; use of truthful testimony, evidence, or other information against witness in criminal case.
Sec. 157.
A person shall not be excused from attending and testifying or producing any books, papers, or other documents before a court or magistrate upon an investigation, proceeding, or trial for a violation of this chapter on the ground that the testimony or evidence may tend to degrade or incriminate the person. Truthful testimony, evidence, or other truthful information compelled under this section and any information derived directly or indirectly from that truthful testimony, evidence, or other truthful information shall not be used against the witness in a criminal case, except for impeachment purposes or in a prosecution for perjury or otherwise failing to testify or produce evidence as required.
History:
1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.157 ;-- Am. 1999, Act 251, Imd. Eff. Dec. 28, 1999
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXIV - Chapter XXIV Conspiracy (750.151...750.157c) › Section 750.157a - Conspiracy to Commit Offense or Legal Act in Illegal Manner; Penalty.

750.157a Conspiracy to commit offense or legal act in illegal manner; penalty.
Sec. 157a.
Any person who conspires together with 1 or more persons to commit an offense prohibited by law, or to commit a legal act in an illegal manner is guilty of the crime of conspiracy punishable as provided herein:
(a) Except as provided in paragraphs (b), (c) and (d) if commission of the offense prohibited by law is punishable by imprisonment for 1 year or more, the person convicted under this section shall be punished by a penalty equal to that which could be imposed if he had been convicted of committing the crime he conspired to commit and in the discretion of the court an additional penalty of a fine of $10,000.00 may be imposed.
(b) Any person convicted of conspiring to violate any provision of this act relative to illegal gambling or wagering or any other acts or ordinances relative to illegal gambling or wagering shall be punished by imprisonment in the state prison for not more than 5 years or by a fine of not more than $10,000.00, or both such fine and imprisonment.
(c) If commission of the offense prohibited by law is punishable by imprisonment for less than 1 year, except as provided in paragraph (b), the person convicted under this section shall be imprisoned for not more than 1 year nor fined more than $1,000.00, or both such fine and imprisonment.
(d) Any person convicted of conspiring to commit a legal act in an illegal manner shall be punished by imprisonment in the state prison for not more than 5 years or by a fine of not more than $10,000.00, or both such fine and imprisonment in the discretion of the court.
History:
Add. 1966, Act 296, Eff. Mar. 10, 1967
Constitutionality:
A mandatory life sentence imposed for conspiracy to commit first-degree murder, even if nonparolable, is not so excessive as to constitute cruel and unusual punishment; nor does it violate the Equal Protection Clauses of the Michigan and United States Constitutions. People v Fernandez, 427 Mich 321; 398 NW2d 311 (1986).
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXIV - Chapter XXIV Conspiracy (750.151...750.157c) › Section 750.157b - Solicitation to Commit Murder or Felony; Penalty; Affirmative Defense.

750.157b Solicitation to commit murder or felony; penalty; affirmative defense.
Sec. 157b.
(1) For purposes of this section, "solicit" means to offer to give, promise to give, or give any money, services, or anything of value, or to forgive or promise to forgive a debt or obligation.
(2) A person who solicits another person to commit murder, or who solicits another person to do or omit to do an act which if completed would constitute murder, is guilty of a felony punishable by imprisonment for life or any term of years.
(3) Except as provided in subsection (2), a person who solicits another person to commit a felony, or who solicits another person to do or omit to do an act which if completed would constitute a felony, is punishable as follows:
(a) If the offense solicited is a felony punishable by imprisonment for life, or for 5 years or more, the person is guilty of a felony punishable by imprisonment for not more than 5 years or by a fine not to exceed $5,000.00, or both.
(b) If the offense solicited is a felony punishable by imprisonment for a term less than 5 years or by a fine, the person is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or by a fine not to exceed $1,000.00, or both, except that a term of imprisonment shall not exceed 1/2 of the maximum imprisonment which can be imposed if the offense solicited is committed.
(4) It is an affirmative defense to a prosecution under this section that, under circumstances manifesting a voluntary and complete renunciation of his or her criminal purpose, the actor notified the person solicited of his or her renunciation and either gave timely warning and cooperation to appropriate law enforcement authorities or otherwise made a substantial effort to prevent the performance of the criminal conduct commanded or solicited, provided that conduct does not occur. The defendant shall establish by a preponderance of the evidence the affirmative defense under this subsection.
History:
Add. 1968, Act 308, Eff. July 1, 1968 ;-- Am. 1986, Act 124, Eff. July 1, 1986
Constitutionality:
Successive prosecutions for obstruction of justice under federal law, and inducing murder under MCL 750.157b, arising out of the same criminal act do not violate the guarantee against double jeopardy in the Michigan Constitution. People v Formicola, 407 Mich 293; 284 NW2d 334 (1979).
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXIV - Chapter XXIV Conspiracy (750.151...750.157c) › Section 750.157c - Recruiting, Inducing, Soliciting, or Coercing Minor to Commit Felony.

750.157c Recruiting, inducing, soliciting, or coercing minor to commit felony.
Sec. 157c.
A person 17 years of age or older who recruits, induces, solicits, or coerces a minor less than 17 years of age to commit or attempt to commit an act that would be a felony if committed by an adult is guilty of a felony and shall be punished by imprisonment for not more than the maximum term of imprisonment authorized by law for that act. The person may also be punished by a fine of not more than 3 times the amount of the fine authorized by law for that act.
History:
Add. 1988, Act 27, Eff. June 1, 1988
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXIVA - Chapter Xxiva Credit Cards (750.157m...750.157w) › Section 750.157n - Stealing, Taking, or Removing Financial Transaction Device; Possession of Fraudulent or Altered Financial Transaction Device.

750.157n Stealing, taking, or removing financial transaction device; possession of fraudulent or altered financial transaction device.
Sec. 157n.
(1) A person who steals knowingly takes, or knowingly removes a financial transaction device from the person or possession of a deviceholder, or who knowingly retains, knowingly possesses, knowingly secretes, or knowingly uses a financial transaction device without the consent of the deviceholder, is guilty of a felony.
(2) A person who knowingly possesses a fraudulent or altered financial transaction device is guilty of a felony.
History:
Add. 1967, Act 255, Eff. Nov. 2, 1967 ;-- Am. 1987, Act 276, Eff. Mar. 30, 1988
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXIVA - Chapter Xxiva Credit Cards (750.157m...750.157w) › Section 750.157p - Possession or Control of Another's Financial Transaction Device With Intent to Use, Deliver, Circulate, or Sell.

750.157p Possession or control of another's financial transaction device with intent to use, deliver, circulate, or sell.
Sec. 157p.
A person who has in his or her possession, or under his or her control, or who receives from another person a financial transaction device with the intent to use, deliver, circulate, or sell the financial transaction device, or to permit, cause, or procure the financial transaction device to be used, delivered, circulated, or sold, knowing the possession, control, receipt, use, delivery, circulation, or sale to be without the consent of the deviceholder, is guilty of a felony.
History:
Add. 1967, Act 255, Eff. Nov. 2, 1967 ;-- Am. 1987, Act 276, Eff. Mar. 30, 1988
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXIVA - Chapter Xxiva Credit Cards (750.157m...750.157w) › Section 750.157q - Delivery, Circulation, or Sale of Financial Transaction Device Obtained or Held Under Proscribed Circumstances.

750.157q Delivery, circulation, or sale of financial transaction device obtained or held under proscribed circumstances.
Sec. 157q.
A person who delivers, circulates, or sells a financial transaction device which was obtained or held by that person under circumstances proscribed under section 157n, 157p, or 157v, or uses, permits, causes, or procures the financial transaction device to be used, delivered, circulated, or sold, knowing the device to have been obtained or held under circumstances proscribed under section 157n, 157p, or 157v is guilty of a felony.
History:
Add. 1967, Act 255, Eff. Nov. 2, 1967 ;-- Am. 1987, Act 276, Eff. Mar. 30, 1988
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXIVA - Chapter Xxiva Credit Cards (750.157m...750.157w) › Section 750.157r - Forgery, Alteration, Simulation, or Counterfeiting of Financial Transaction Device.

750.157r Forgery, alteration, simulation, or counterfeiting of financial transaction device.
Sec. 157r.
A person who, with intent to defraud, forges, materially alters, simulates, or counterfeits a financial transaction device is guilty of a felony.
History:
Add. 1967, Act 255, Eff. Nov. 2, 1967 ;-- Am. 1987, Act 276, Eff. Mar. 30, 1988
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXIVA - Chapter Xxiva Credit Cards (750.157m...750.157w) › Section 750.157t - Sales to or Services Performed for Violators.

750.157t Sales to or services performed for violators.
Sec. 157t.
Any person who sells or delivers goods or property or anything of value, or renders any service to any other person knowing that such other person has committed or is committing any act prohibited by this chapter shall be guilty of a felony.
History:
Add. 1967, Act 255, Eff. Nov. 2, 1967
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXIVA - Chapter Xxiva Credit Cards (750.157m...750.157w) › Section 750.157u - Causing Deviceholder to Be Charged or Overcharged.

750.157u Causing deviceholder to be charged or overcharged.
Sec. 157u.
A person to whom a deviceholder presents a financial transaction device for the purpose of obtaining goods, property, services, or anything of value on credit, or for any purpose for which the device may be used, who, by using the financial transaction device, by forging or aiding in the forgery of the deviceholder's signature, or by filling out or completing an application or form to be furnished to the issuer of the financial transaction device, causes the deviceholder to be charged for a purchase or other transaction that was not authorized by the deviceholder, to be overcharged for a purchase or other transaction that was authorized by the deviceholder, or to otherwise incur a financial loss, is guilty of a felony.
History:
Add. 1967, Act 255, Eff. Nov. 2, 1967 ;-- Am. 1987, Act 276, Eff. Mar. 30, 1988
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXIVA - Chapter Xxiva Credit Cards (750.157m...750.157w) › Section 750.157v - False Statement of Identity for Purpose of Procuring Issuance of Financial Transaction Device.

750.157v False statement of identity for purpose of procuring issuance of financial transaction device.
Sec. 157v.
A person who, knowingly and with intent to defraud, makes or causes to be made, directly or indirectly, a false statement in writing regarding his or her identity or that of any other person for the purpose of procuring the issuance of a financial transaction device, is guilty of a felony.
History:
Add. 1987, Act 276, Eff. Mar. 30, 1988
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXV - Chapter XXV Crime Against Nature or Sodomy (750.158...750.159) › Section 750.158 - Crime Against Nature or Sodomy; Penalty.

750.158 Crime against nature or sodomy; penalty.
Sec. 158.
Any person who shall commit the abominable and detestable crime against nature either with mankind or with any animal shall be guilty of a felony, punishable by imprisonment in the state prison not more than 15 years, or if such person was at the time of the said offense a sexually delinquent person, may be punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life.
History:
1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.158 ;-- Am. 1952, Act 73, Eff. Sept. 18, 1952
Former Law:
See section 16 of Ch. 158 of R.S. 1846, being CL 1857, § 5871; CL 1871, § 7706; How., § 9292; CL 1897, § 11705; CL 1915, § 15479; CL 1929, § 16831; and Act 57 of 1923.
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXV - Chapter XXV Crime Against Nature or Sodomy (750.158...750.159) › Section 750.159 - Emission Need Not Be Proved.

750.159 Emission need not be proved.
Sec. 159.
In any prosecution for sodomy, it shall not be necessary to prove emission, and any sexual penetration, however slight, shall be deemed sufficient to complete the crime specified in the next preceding section.
History:
1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.159 ;-- Am. 1952, Act 73, Eff. Sept. 18, 1952
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXVA - Chapter Xxva Criminal Enterprises (750.159f...750.159x) › Section 750.159f - Definitions Generally.

750.159f Definitions generally.
Sec. 159f.
As used in this chapter:
(a) "Enterprise" includes an individual, sole proprietorship, partnership, corporation, limited liability company, trust, union, association, governmental unit, or other legal entity or a group of persons associated in fact although not a legal entity. Enterprise includes illicit as well as licit enterprises.
(b) "Instrumentality" means an interest, real or personal property, or other thing of value, the use of which contributes directly and materially to the commission of an offense included in the definition of racketeering.
(c) "Pattern of racketeering activity" means not less than 2 incidents of racketeering to which all of the following characteristics apply:
(i) The incidents have the same or a substantially similar purpose, result, participant, victim, or method of commission, or are otherwise interrelated by distinguishing characteristics and are not isolated acts.
(ii) The incidents amount to or pose a threat of continued criminal activity.
(iii) At least 1 of the incidents occurred within this state on or after the effective date of the amendatory act that added this section, and the last of the incidents occurred within 10 years after the commission of any prior incident, excluding any period of imprisonment served by a person engaging in the racketeering activity.
(d) "Person" means an individual, sole proprietorship, partnership, cooperative, association, corporation, limited liability company, personal representative, receiver, trustee, assignee, or other legal or illegal entity.
(e) "Proceeds" means any real, personal, or intangible property obtained through the commission of an offense included in the definition of racketeering, including any appreciation in the value of the property.
(f) "Prosecuting agency" means the attorney general of this state, or his or her designee, or the prosecuting attorney of a county, or his or her designee.
History:
Add. 1995, Act 187, Eff. Apr. 1, 1996
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXVA - Chapter Xxva Criminal Enterprises (750.159f...750.159x) › Section 750.159h - “Records” or “Documenting Materials” and “Substituted Proceeds” Defined.

750.159h “Records” or “documenting materials” and “substituted proceeds” defined.
Sec. 159h.
As used in this chapter:
(a) "Records" or "documentary materials" means a book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic tape, computer program or printout, any other data compilation from which information can be obtained or translated into usable form, or any other functionally similar tangible item.
(b) "Substituted proceeds" means any real, personal, or intangible property obtained or any gain realized by the sale or exchange of proceeds.
History:
Add. 1995, Act 187, Eff. Apr. 1, 1996
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXVA - Chapter Xxva Criminal Enterprises (750.159f...750.159x) › Section 750.159i - Prohibited Conduct.

750.159i Prohibited conduct.
Sec. 159i.
(1) A person employed by, or associated with, an enterprise shall not knowingly conduct or participate in the affairs of the enterprise directly or indirectly through a pattern of racketeering activity.
(2) A person shall not knowingly acquire or maintain an interest in or control of an enterprise or real or personal property used or intended for use in the operation of an enterprise, directly or indirectly, through a pattern of racketeering activity.
(3) A person who has knowingly received any proceeds derived directly or indirectly from a pattern of racketeering activity shall not directly or indirectly use or invest any part of those proceeds, or any proceeds derived from the use or investment of any of those proceeds, in the establishment or operation of an enterprise, or the acquisition of any title to, or a right, interest, or equity in, real or personal property used or intended for use in the operation of an enterprise.
(4) A person shall not conspire or attempt to violate subsection (1), (2), or (3).
History:
Add. 1995, Act 187, Eff. Apr. 1, 1996
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXVA - Chapter Xxva Criminal Enterprises (750.159f...750.159x) › Section 750.159l - Jurisdiction of Court; Notification of Persons With Property Interest.

750.159l Jurisdiction of court; notification of persons with property interest.
Sec. 159l.
(1) In a prosecution under section 159i, the court has jurisdiction to enter such restraining orders or injunctions or to take other action by order, including, but not limited to, the acceptance of satisfactory performance bonds, in connection with any property subject to criminal forfeiture under section 159j, as the court considers proper.
(2) Within 14 days after the entry of an order described in subsection (1), the prosecuting agency shall notify all persons known to have or appearing to have an interest in the property of the order, by certified mail. In determining whom to notify under this subsection, the prosecuting agency shall conduct a search of county, state, and federal public records where notices of liens and security interests are normally recorded.
History:
Add. 1995, Act 187, Eff. Apr. 1, 1996
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXVA - Chapter Xxva Criminal Enterprises (750.159f...750.159x) › Section 750.159m - Property Subject to Civil in Rem Forfeiture; Exceptions; Encumbrances; Attorney Fees.

750.159m Property subject to civil in rem forfeiture; exceptions; encumbrances; attorney fees.
Sec. 159m.
(1) Except as otherwise provided in this section, all real, personal, or intangible property of a person convicted of a violation of section 159i that is the proceeds of racketeering, the substituted proceeds of racketeering, or an instrumentality of racketeering, is subject to civil in rem forfeiture to a local unit of government or the state under this section and sections 159n to 159q.
(2) Real property that is the primary residence of the spouse of the owner is not subject to civil in rem forfeiture under this section and sections 159n to 159q, unless that spouse had prior actual knowledge of, and consented to and participated in the commission of, the racketeering activity. Real property that is the primary residence of a dependent minor child of the owner is not subject to civil in rem forfeiture under this section and sections 159n to 159q.
(3) Property is not subject to civil in rem forfeiture if either of the following circumstances exists:
(a) The owner of the property did not have prior actual knowledge of the commission of the racketeering activity.
(b) The owner of the property served notice of the commission of the crime upon an appropriate law enforcement agency.
(4) The civil in rem forfeiture of property encumbered by a security interest is subject to the interest of the holder of the security interest who did not have prior actual knowledge of the racketeering activity.
(5) The civil in rem forfeiture of property encumbered by an unpaid balance on a land contract is subject to the interest of the land contract vendor who did not have prior actual knowledge of the racketeering activity.
(6) Reasonable attorney fees for representation in an action under this chapter are not subject to civil in rem forfeiture under this chapter.
History:
Add. 1995, Act 187, Eff. Apr. 1, 1996
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXVA - Chapter Xxva Criminal Enterprises (750.159f...750.159x) › Section 750.159o - Notice Requirements.

750.159o Notice requirements.
Sec. 159o.
(1) Within 14 days after personal or intangible property is seized or a lien notice is filed against real property under section 159n, the prosecuting agency shall give notice pursuant to this section of the seizure of the property and the intent to forfeit and dispose of the property according to this chapter. This 14-day notice period is not jurisdictional. The prosecuting agency may move for an extension of the notice period for good cause shown. The prosecuting agency shall give the notice to each of the following persons:
(a) If charges have been filed against a person for a crime, the person charged.
(b) Each person known to have or appearing to have an ownership interest in the property.
(c) Each mortgagee, person holding a security interest, or person having a lien that appears on the certificate of title or is on file with the secretary of state or appropriate register of deeds, if the property is real property, a mobile home, motor vehicle, watercraft, or other personal property.
(d) Each holder of a preferred ship mortgage of record in the appropriate public office pursuant to chapter 313 of subtitle III of title 46 of the United States Code, if the property is a watercraft more than 28 feet long or a watercraft that has a capacity of 5 net tons or more.
(e) Each person whose security interest is recorded with the appropriate public office pursuant to the federal aviation act of 1958, Public Law 85-726, 72 Stat. 731, if the property is an aircraft, aircraft engine, or aircraft propeller, or a part of an aircraft, aircraft engine, or aircraft propeller.
(f) Each person known to have or appearing to have a security interest in the property.
(g) Each victim of the crime.
(2) The notice required under subsection (1) shall be a written notice delivered to the person or sent to the person by certified mail. If the name and address of the person are not reasonably ascertainable or delivery of the notice cannot reasonably be accomplished, the notice shall be published in a newspaper of general circulation in the county in which the personal or intangible property was seized or the real property is located for 10 successive publishing days. Proof of written notice or publication shall be filed with the court having jurisdiction over the seizure or forfeiture.
(3) If personal or intangible property is seized, the seizing agency shall immediately notify the prosecuting agency of the seizure of the property and the intent to forfeit and dispose of the property according to this chapter.
History:
Add. 1995, Act 187, Eff. Apr. 1, 1996
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXVA - Chapter Xxva Criminal Enterprises (750.159f...750.159x) › Section 750.159p - Verified Claim Stating Interest in Property or Proceeds.

750.159p Verified claim stating interest in property or proceeds.
Sec. 159p.
(1) At any time within 28 days after the date of the completion of the publication pursuant to section 159o or within 21 days after receipt of actual notice pursuant to section 159o, a person claiming an interest in property or proceeds subject to forfeiture may file with the prosecuting agency a verified claim stating his or her interest in the property or proceeds.
(2) If no claim is filed within the period specified in subsection (1), the prosecuting agency shall declare the property forfeited and shall dispose of the property according to section 159r.
(3) If a claim is filed within the period specified in subsection (1), the prosecuting agency shall institute a civil in rem forfeiture action within 7 days after the expiration of the period specified in subsection (1).
History:
Add. 1995, Act 187, Eff. Apr. 1, 1996
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXVA - Chapter Xxva Criminal Enterprises (750.159f...750.159x) › Section 750.159r - Sale of Seized Property by Unit of Government; Disposal of Received Money; Order of Priority; Appointment, Compensation, and Duties of Receiver.

750.159r Sale of seized property by unit of government; disposal of received money; order of priority; appointment, compensation, and duties of receiver.
Sec. 159r.
(1) If property is criminally or civilly forfeited under this chapter, the unit of government that seized or filed a lien against the property may sell the property that is not required to be destroyed by law and that is not harmful to the public and may dispose of the money received from the sale of the property and any money, negotiable instrument, security, or other thing of value that is forfeited pursuant to this chapter in the following order of priority:
(a) Pay any outstanding security interest or unpaid land contract balance of a secured party or land contract vendor who did not have prior actual knowledge of, or consent to the commission of, the crime.
(b) Satisfy any order of restitution in the prosecution for the crime.
(c) Pay the claim of each person who shows that he or she is a victim of the crime to the extent that the claim is not covered by an order of restitution.
(d) Pay any valid outstanding lien against the property that has been imposed by a governmental unit.
(e) Pay the proper expenses of the proceedings for forfeiture and sale, including, but not limited to, expenses incurred during the seizure process and expenses for maintaining custody of the property, advertising, and court costs.
(f) The balance remaining after the payment of restitution, the claims of victims, outstanding liens, and expenses shall be distributed by the court having jurisdiction over the forfeiture proceedings to the unit or units of government substantially involved in effecting the forfeiture. The money received by a unit of government under this subdivision shall be used to enhance enforcement of the criminal laws.
(2) In the course of selling real property pursuant to subsection (1), the court that enters an order or sentence of forfeiture, on motion of the unit of government to which the property is forfeited, may appoint a receiver to dispose of the real property forfeited. The receiver is entitled to reasonable compensation. The receiver may do all of the following:
(a) List the forfeited real property for sale.
(b) Make whatever arrangements are necessary for maintaining and preserving the forfeited real property.
(c) Accept offers to purchase the forfeited real property.
(d) Execute instruments transferring title to the forfeited real property.
History:
Add. 1995, Act 187, Eff. Apr. 1, 1996
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXVA - Chapter Xxva Criminal Enterprises (750.159f...750.159x) › Section 750.159s - Commencement of Action.

750.159s Commencement of action.
Sec. 159s.
A civil in rem forfeiture action under this chapter related to an offense included in the definition of racketeering or a violation of section 159i shall be commenced within 6 years after the activity terminates or the cause of action accrues, whichever is later.
History:
Add. 1995, Act 187, Eff. Apr. 1, 1996
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXVA - Chapter Xxva Criminal Enterprises (750.159f...750.159x) › Section 750.159t - Seizure of Constitutionally Protected Materials.

750.159t Seizure of constitutionally protected materials.
Sec. 159t.
Notwithstanding any provision in this chapter, the prosecuting agency shall not seize materials presumptively protected by the first amendment to the constitution of the United States in a manner that violates that constitutional provision.
History:
Add. 1995, Act 187, Eff. Apr. 1, 1996
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXVA - Chapter Xxva Criminal Enterprises (750.159f...750.159x) › Section 750.159u - Civil Cause of Action Not Created by Chapter.

750.159u Civil cause of action not created by chapter.
Sec. 159u.
Except as expressly provided, this chapter does not create a civil cause of action between 2 or more persons.
History:
Add. 1995, Act 187, Eff. Apr. 1, 1996
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXVA - Chapter Xxva Criminal Enterprises (750.159f...750.159x) › Section 750.159v - Forfeiture Proceeding Under Other Law Not Precluded.

750.159v Forfeiture proceeding under other law not precluded.
Sec. 159v.
This chapter does not preclude a prosecuting agency from pursuing a forfeiture proceeding under any other law of this state.
History:
Add. 1995, Act 187, Eff. Apr. 1, 1996
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXVA - Chapter Xxva Criminal Enterprises (750.159f...750.159x) › Section 750.159w - Activities Unrelated to Prohibited Activities of Enterprise.

750.159w Activities unrelated to prohibited activities of enterprise.
Sec. 159w.
This chapter shall not be construed to permit the termination, suspension, or interruption of the legitimate activities of an enterprise that are unrelated to any felonious or racketeering activity forming the object of the criminal case or civil in rem forfeiture action and that may cause harm to innocent employees or members of the enterprise.
History:
Add. 1995, Act 187, Eff. Apr. 1, 1996
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXVA - Chapter Xxva Criminal Enterprises (750.159f...750.159x) › Section 750.159x - Notice of Proposed Investigation to Attorney General.

750.159x Notice of proposed investigation to attorney general.
Sec. 159x.
Before conducting an investigation of activity suspected to constitute a violation of section 159i, a prosecuting agency who is the prosecuting attorney of a county or his or her designee shall notify the department of the attorney general of the proposed investigation.
History:
Add. 1995, Act 187, Eff. Apr. 1, 1996
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXVI - Chapter XXVI Dead Human Bodies (750.160...750.160c) › Section 750.160 - Disinterment, Mutilation, Defacement, or Carrying Away of Human Body; Exception.

750.160 Disinterment, mutilation, defacement, or carrying away of human body; exception.
Sec. 160.
A person, not being lawfully authorized so to do, who shall wilfully dig up, disinter, remove, or convey away a human body, or the remains thereof, from the place where the body may be interred or deposited, or who shall knowingly aid in such disinterment, removal, or conveying away, or who shall mutilate, deface, remove, or carry away a portion of the dead body of a person, whether in his charge for burial or otherwise, whenever the mutilation, defacement, removal, or carrying away is not necessary in any proper operation in embalming the body or for the purpose of a postmortem examination, and every person accessory thereto, either before or after the fact, shall be guilty of a felony, punishable by imprisonment for not more than 10 years, or by fine of not more than $5,000.00. This section shall not be construed to prohibit the digging up, disinterment, removal or carrying away for scientific purposes of the remains of prehistoric persons by representatives of established scientific institutions or societies, having the consent in writing of the owner of the land from which the remains may be disinterred, removed or carried away.
History:
1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.160 ;-- Am. 1974, Act 168, Imd. Eff. June 23, 1974
Former Law:
See section 21 of Ch. 158 of R.S. 1846, being CL 1857, § 5876; CL 1871, § 7711; How., § 9297; CL 1897, § 11710; CL 1915, § 15484; CL 1929, § 16836; Act 158 of 1879; Act 251 of 1919; and Act 256 of 1929.
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXVI - Chapter XXVI Dead Human Bodies (750.160...750.160c) › Section 750.160a - Photograph of Decedent Located in Human Grave Prohibited; Exceptions; Definitions.

750.160a Photograph of decedent located in human grave prohibited; exceptions; definitions.
Sec. 160a.
(1) Subject to subsection (2), a person shall not knowingly photograph or publicly display a photograph of all or a portion of a decedent located in a human grave.
(2) Subsection (1) does not apply to a person acting pursuant to a court order, to a person who has obtained the written consent of the decedent's next of kin if the decedent's death occurred less than 100 years before the photographing or public displaying, or to a person who photographs or publicly displays a photograph described in subsection (1) for law enforcement, medical, archaeological, or scientific purposes.
(3) As used in this section:
(a) "Bottomlands of the Great Lakes" means bottomlands as that term is defined in section 76101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.76101.
(b) "Decedent" means a dead human being.
(c) "Human grave" means any of the following:
(i) A site in this state intended for the permanent interment of all or a portion of a decedent.
(ii) A location in this state, including the bottomlands of the Great Lakes, that contains all or a portion of a decedent who died in an accident or disaster and from which it is impracticable or not intended to remove all or a portion of the decedent. A location under this subparagraph includes a shipwreck and a site in the immediate vicinity of a shipwreck in which all or a portion of a decedent is located, and a mine or other underground location within which all or a portion of a decedent is located.
(d) "Photograph" includes an image on videotape, motion picture or other film, or an image captured by digital means.
History:
Add. 1997, Act 62, Eff. Oct. 1, 1997
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXVI - Chapter XXVI Dead Human Bodies (750.160...750.160c) › Section 750.160b - Violation of MCL 750.160a as Felony; Penalty.

750.160b Violation of MCL 750.160a as felony; penalty.
Sec. 160b.
A person who violates section 160a is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $5,000.00, or both.
History:
Add. 1997, Act 63, Eff. Oct. 1, 1997
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXVII - Chapter XXVII Desertion and Non-Support (750.161...750.166) › Section 750.161a - Failure or Refusal to Pay Child Support; Amnesty.

750.161a Failure or refusal to pay child support; amnesty.
Sec. 161a.
Prosecution shall not be initiated against an individual under section 161, 165, 167(1)(a), or 167(2) for failure or refusal to pay child support while the individual has amnesty for that child support arrearage under section 3b of the office of child support act, 1971 PA 174, MCL 400.233b.
History:
Add. 2004, Act 568, Eff. June 1, 2005
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXVII - Chapter XXVII Desertion and Non-Support (750.161...750.166) › Section 750.162 - Payments for Care and Support of Wife or Children; Sworn Statement.

750.162 Payments for care and support of wife or children; sworn statement.
Sec. 162.
When any person is convicted under section 161 and sentenced to serve a term of imprisonment either in 1 of the state prisons or other penal institution, the warden of the prison or superintendent of said penal institution in which said person shall be confined shall, in case funds are available for such purpose, at the end of each and every week during the period of said term of imprisonment, pay over to any of the superintendents of the poor of the city or county in which the wife or children of such person resides, the sum of 2 dollars and 50 cents per week, if there be only a wife, and 75 cents per week additional for each minor child under the age of 17 years; if there be no wife and there are children under the age of 17 years, the sum of 2 dollars and 50 cents per week for the oldest child, and an additional sum of 1 dollar per week for each of the other children under said age in lieu of any earnings of such person while an inmate therein, said sums to be expended by said superintendent of the poor for the care and support of the wife or children of said person, as the case may be; and it shall be the duty of the superintendent of the poor of the city or county from which such person shall be committed to furnish the warden of the prison or superintendent of the penal institution in which said person is confined with a sworn statement, showing the names of the wife and children who are left dependent upon the city or county for support, their ages and the relation they bear to such convicted person.
History:
1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.162 ;-- Am. 1985, Act 52, Imd. Eff. June 14, 1985
Former Law:
See section 2 of Act 144 of 1907, being CL 1915, § 7790; CL 1929, § 12789; Act 175 of 1913; and Act 239 of 1923.
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXVII - Chapter XXVII Desertion and Non-Support (750.161...750.166) › Section 750.163 - Complaints.

750.163 Complaints.
Sec. 163.
Complainants—Any of the superintendents of the poor of the city or county or the county agent of the state welfare commission for the county wherein the wife or minor children of the person complained of reside, may make the complaint under the first section of this chapter.
History:
1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.163
Former Law:
See section 4 of Act 144 of 1907, being CL 1915, § 7792; and CL 1929, § 12791.
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXVII - Chapter XXVII Desertion and Non-Support (750.161...750.166) › Section 750.164 - Desertion Following Marriage to Escape Prosecution.

750.164 Desertion following marriage to escape prosecution.
Sec. 164.
Desertion following marriage to escape prosecution for rape, etc.—Any man or boy, who being the father of a child born out of wedlock, shall marry any woman or girl for the purpose of escaping prosecution therefor, and any man or boy who shall marry any woman or girl for the purpose of escaping prosecution for rape or seduction, and shall afterwards desert her without good cause, shall be guilty of a felony: Provided, That no prosecution shall be brought under this section after 5 years from the date of the marriage.
History:
1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.164
Former Law:
See section 1 of Act 284 of 1907, being CL 1915, § 7794; CL 1929, § 12793; and Act 310 of 1913.
2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XXVII - Chapter XXVII Desertion and Non-Support (750.161...750.166) › Section 750.166 - Wife May Testify Against Husband.

750.166 Wife may testify against husband.
Sec. 166.
Wife may testify against husband—In all prosecutions under this chapter, the wife may testify against the husband without his consent.
History:
1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.166
Former Law:
See section 1 of Act 284 of 1907, being CL 1915, § 7794; CL 1929, § 12793; Act 310 of 1913; and section 2 of Act 276 of 1917, being CL 1929, § 12782.