2012 Michigan Criminal Law Legislation Part 1

A. Animal Fighting. 2012 PA 350-351. Effective Dec. 12, 2012. Makes animal fighting violation under MCL 750.49 predicate offenses for CCE violations. MCL 750.158g.

1. Animal fighting violations were also added to the omnibus forfeiture act. MCL 600.4702.

B. Arson. 2012 PA 531-534. Effective April 2, 2013. Completely rewrites the arson statute.

1. First Degree Arson. The wilful or malicious burning of any of the following. First degree arson is a felony, punishable by life or any term of years, a $20,000 fine / 3 times the value of the destroyed property, or both. MCL 750.72. It is a B felony under the sentencing guidelines. MCL 7707.16c.

a. A multi-unit building or in which 1 or more units are dwellings. MCL 750.72(1)(a).

b. Any building, structure, or real property if the fire results in physical injury to any individual. MCL 750.72(1)(b).

c. A mine. MCL 750.72(1)(c).

i. It is not a defense that the defendant set fire to his or her own property. MCL 750.72(2).

2. Second Degree Arson. The wilful or malicious burning of a dwelling or its contents. MCL 750.73.

a. Second degree arson is a felony, punishable by up to 10 years imprisonment, a $20,000 fine / up to 3 times the value of the destroyed property, or both. MCL 750.73.

b. It is a D felony under the sentencing guidelines. MCL 777.16c.

i. It is not a defense that the defendant set fire to his or her own property. MCL 750.73(2).

3. Third Degree Arson. The wilful or malicious burning of any of the following. Third degree arson is a felony, punishable by up to 10 years imprisonment, a $20,000 fine / up to 3 times the value of the destroyed property, or both. MCL 750.54. It is an E felony under the sentencing guidelines. MCL 777.16c.

a. Any building or structure or its contents. MCL 750.54(1)(a).

b. Any personal property valued at $20,000 or more. MCL 750.54(1)(b)(i).

c. Any personal property valued at $1,000 or more if the person has one or more prior convictions. MCL 750.54(1)(b)(ii).

1. i. It is not a defense that the defendant set fire to his or her own property. MCL 750.54(2).

4. Fourth Degree Arson. Fourth Degree Arson includes any of the following. Fourth degree arson is a felony, punishable by up to 5 years imprisonment, a $20,000 fine / up to 3 times the value of the destroyed, or both. MCL 750.75.

a. Wilfully or maliciously burns any personal property having a value of $1,000 but less than $20,000. MCL 750.75(1)(a)(i).

b. Wilfully maliciously burns any personal property having a value of $200 or more if the defendant has one or more prior convictions. MCL 750.75(1)(a)(ii).

i. It is not a defense that the defendant burned his or her own property. MCL 750.75(2).

c. Wilfully or negligently set fire to woods, prairie, or ground of another person. MCL 750.75(1)(b).

d. Wilfully or negligently permits fire to pass from his or her own woods, prairie, or grounds to another person’s property causing damage or destruction to that person’s property. MCL 750.75(1)(b).

5. Fifth Degree Arson. Intentionally damaging or destroying by fire any personal property valued at $1,000 or less and has one ore more prior convictions. Fifth degree arson is a misdemeanor, punishable by up up to 1 year in jail, a $2,000 fine / up to 3 times the value of the destroyed property, or both. MCL 750.77.

a. It is not a defense that the defendant burned his or her own property. MCL 750.75(2).

6. Arson of an Insured Dwelling. The wilful or malicious burning of an insured dwelling or its contents, with the intent to defraud. MCL 750.76.

a. Felony punishable by up to life or any terms of years, a $20,000 fine / up to 3 times the value of the destroyed property, or both. MCL 750.76(3)(a). It is an A felony under the sentencing guidelines. MCL 777.16c.

b. It is not a defense that the defendant burned his or her own property. MCL 750.76(2).

7. Arson of Insured Real Property. The wilful or malicious burning of an insured building or other real property, or its contents, with the intent to defraud. MCL 750.76.

a. Felony punishable by up to 20 years imprisonment, a $20,000 fine / up to 3 times the value of the destroyed property, or both. MCL 750.76(3)(b). It is a B felony under the sentencing guidelines. MCL 777.16c.

b. It is not a defense that the person burned his or her own property. MCL 750.76(2).

8. Arson of Insured Personal Property. The wilful or malicious burning or any insured personal property with the intent to defraud. MCL 750.76.

a. Felony punishable by up to 10 years imprisonment, a $20,000 fine / up to 3 times the value of the destroyed property, or both. MCL 750.76(3)(a). It is a D felony under the guidelines. MCL 777.16c.

b. It is not a defense that the defendant burned his or her own property. MCL 750.76.

9. Arson of Property Valued Between $200 – $1,000. The intentional, wilful, and malicious burning of the following is a misdemeanor, punishable by up to 1 year in jail, a $2,000 fine / 3 times the value of the burned property. MCL 750.78(3)(a).

a. Any personal property valued between $200 and $1,000. MCL 750.78(1)(a)(I).

b.Any personal property valued less than $200 if the person has one or more prior convictions. MCL 750.78(1)(a)(ii).

i. It is not a defense that the defendant burned his or her own property. MCL 750.78(2).

10. Arson under $200. The intentional, wilful, or malicious, burning of personal property valued less than $200. MCL 750.78(iii).

a. Misdemeanor punishable by up to 93 days in jail, a $500 fine / 3 times the value of the property destroyed. MCL 750.78(3)(b).

i. It is not a defense that the defendant burned his or her own property. MCL 750.78(2).

11. Carelessly Setting Fire to a Hotel. The negligent, careless, or reckless setting of a fire to a motel or a hotel, or its contents, that endangers the life or property of another person is a misdemeanor. MCL 750.78(b).

a. Misdemeanor punishable by up to 93 days in jail, a $500 fine / 3 times the value of the destroyed property. MCL 750.78(3)(b).

i. It is not a defense that the defendant burned his or her own property. MCL 750.78(2).

12. Placing Inflammable Materials with the Intent to Commit Arson. A person who uses, arranges, places, devises, or distributes an inflammable, combustible, or explosive material, substance, liquid, or device near a building, personal property or real property with the intent to commit arson in any degree is subject to the following penalties. MCL 750.79.

1. It is a misdemeanor punishable by up to 93 days in jail, a $500 fine / 3 times the value of the property, or both, if the combined value of the destroyed property is less than $200. MCL 750.59(1)(a).

2. It is a misdemeanor punishable by up to 1 year in jail, a $2,000 fine / 3 times the value of the property, or both, if;

a. The combined value of the property is $200 – $1,000, or

b. The property has a value of less than $200 and the person has a prior conviction. MCL 750.79(1)(b).

3. It is a felony punishable by up to 5 years imprisonment, a $10,000 fine / 3 times the property value, or both, if;

a. The combined value of the property is $1,000 – $20,000, or

b. The property has a value of $200 – $1,000 and the person has a prior conviction for an offense involving more than $200, or

c. The property was a building, structure, or real property. MCL 750.79(1)(c).

d. It is an E felony under the sentencing guidelines. MCL 777.16c.

4. It is a felony punishable by up to 10 years imprisonment, a $15,000 fine / 3 times the property value, or both, if;

a. The combined value of the property is $20,000 or more, or

b. The property has a value of $1,000 – $20,000 and the person has 2 prior convictions for offenses involving more than $200, or

c. The property was insured and has a value of more than $2,000 and the fire was set with the intent to defraud an insurer, or

d. the property was a building, structure, or real property and the fire resulted in injury to a person, or

e. The property was an insured building, structure, or real property and the fire was caused with the intent to defraud the insurer, or

f. The property was a dwelling. MCL 750.79(1)(d).

g. It is a D felony under the sentencing guidelines. MCL 777.16c.

5. It is a felony punishable by up to 15 years imprisonment, a $20,000 fine / 3 times the property value, or both, if;

a. the property was an insured dwelling and the fire was caused with the intent to defraud the insurer, or

b. The property was a dwelling and the fire resulted in injury to any person. MCL 750.79(1)(e).

c. It is a C felony under the guidelines. MCL 777.16c.

C. Automated Sales Suppression Devices. 2012 PA 146-147. Effective August 29, 2012. It is now a felony, punishable by up to 5 years imprisonment, a $100,000 fine, or both, to knowingly purchase, possess, transfer, or sell an automated sales suppression device, zapper, or phantom ware. MCL 750.411w. It is an E felony under the guidelines. MCL 777.16t.

D. Boating. 2012 PA 120. Effective November 11, 2012. Beginning July 1, 2012, a person born after July 1, 1996, must have a boating safety certificate to operate a motorboat. MCL 324.80141.

E. Campaign Finance Act.

1. Attorney General Enforcement. 2012 PA 277. Effective August 16, 2012. Provides that only the attorney general can prosecute criminal violations of the campaign finance act. MCL 169.215.

2. Legal Defense Expenditures. 2012 PA 275. Effective January 2, 2013. It is now a misdemeanor, punishable by up to 90 days in jail, a $1,000 fine, or both, to expend campaign funds for civil or criminal legal defense. MCL 169.221a.

3. Not Filing Statements for 2 Consecutive Years. 2012 PA 273-274. Effective December 30, 2012. It is not a felony, punishable by up to 3 years imprisonment, a $5,000 fine, or both, to not file required campaign finance statements for 2 consecutive years, if the account balance is $20,000 or more. MCL 169.233(12).

a. It is an H felony under the sentencing guidelines. MCL 777.11e.

b. In addition, the money in the account may be forfeited to the state.

F. Cell Phones.

1. Prisons. 2012 PA 255. Effective July 2, 2012. Prohibits the possession or use of a cell phone by a prisoner. MCL 800.283a. It is a felony, punishable by imprisonment for up to 5 years, a $1,000 fine, or both. MCL 800.285.

2. Jails. 2012 PA 256. Effective July 2, 2012. Males it a crime to provide a cell phone to a jail inmate, or for a jail inmate to possess a cell phone. MCL 801.262a. It is a felony, punishable by imprisonment for up to 5 years, a $1,000 fine, or both. MCL 801.265.

G. Computer Crimes. 2012 PA 353. Effective January 1, 2013. Includes cell phones, computer games devices, and PDA’s in the definition of a computer under MCL 750.145d.

H. Dead Bodies. 2012 PA 538-539. Effective April 1, 2013. Makes it a crime to fail to report the discovery of a dead body. MCL 333.2841.

1. A person who discovers a body he or she knows or should have known is dead and fails to report it to a law enforcement agency, funeral home, or 911 operator is guilty of a misdemeanor.

a. Punishable by up to 1 year in jail, a $1,000 fine, or both. MCL 333.2841(2).

2. If the crime is committed with the purpose of concealing the fact or cause of death, it is a felony, punishable by up to 5 years imprisonment, a $5,000 fine, or both. MCL 333.2841(4). It is an E felony under the guidelines. MCL 777.13k.

3. A consecutive sentence may be imposed to any other sentence arising out of the same transaction. MCL 333.2841(4).

I. Disturbing Religious meetings. 2012 PA 202. Effective Sept. 1, 2012. Amends MCL 750.169 to prohibit the following;

1. Entering or attempting to enter private property with the intent to disrupt a religious meeting.

2. Remaining on private property where a religious meeting is being held after being instructed to leave, with the intent to disrupt the meeting.

3. Intentionally obstruct or attempt to destruct the entrance or exit from any private property where a religious meeting is being held with the intent to disrupt or prevent that meeting.

a. A first offense is a misdemeanor punishable by imprisonment for up to 93 days in jail, a $1,000 fine, 100 hours of community service, or all of the above.

b. The fine increases to up to $5,000 and/or community service of up to 200 hours for a second offense.

J. Domestic Violence. 2012 PA 364-366. Effective April 1, 2013. Increases the penalties for domestic violence 3rd offense, and aggravated domestic violence 2nd offense.

1. The penalties increase to imprisonment for up to 5 years, a $5,000 fine, or both. MCL 750.81(4) and MCL 750.81a(3). They are E felonies under the guidelines. MCL 777.16d.

2. A successful deferral under MCL 769.4a can be counted as a prior conviction. MCL 769.4a(5).

K. Elections.

1. Official’s Name on Ballot Related Materials. 2012 PA 280. Effective July 3, 2012. It is a misdemeanor, punishable by a $100 fine for an elected or appointed official to have their name on ballot related material that is provided to an elector. The fine increases to $250 for a second offense. MCL 168.931a.

2. Official’s Name Posted at Polling Place. 2012 PA 156. Effective June 5, 2012. It is a misdemeanor, punishable by a fine of up to $100 for any elected or appointed official’s name to appear on any material that is temporarily posted, distributed, or displayed in a polling place on election day. The fine increases to $250 for a second offense. MCL 168.744.

3. Paying for Voter Registrations. 2012 PA 276 & 278. Effective Aug. 16, 2012.

a. Makes it a felony, punishable by imprisonment for up to 5 years, a $1,000 fine, or both, to pay another person to register people to vote if the pay is based upon the total number of individuals registered. MCL 168.932c. It is an E felony under the sentencing guidelines. MCL 777.11d.

b. Makes it a felony, punishable by imprisonment for up to 5 years, a $1,000 fine, or both, to intentionally misrepresent in a polling place on election day that he or she is an election official. MCL 168.932e.

L. False Police or Emergency Reports. 2012 PA 330-332. Effective Jan. 1, 2012.

1. Increases the penalties for false reporting of a crime if a person is injured or killed as the proximate result of the response to the false report.

a. If a person incurs physical injury as a proximate result of a lawful conduct arising out of the response, it is a felony, punishable by up to 5 years imprisonment, a $20,000 fine, or both. MCL 750.411a(1)(c). It is an E felony under the sentencing guidelines. MCL 777.16t.

b. If a person incurs serious impairment of a body function as a proximate result of lawful confuct arising out of a response, it is a felony, punishable by imprisonment for up to 10 years, a $20,000 fine, or both MCL 750.411a(1)(d). It is a D felony under the sentencing guidelines. MCL 777.16t.

c. If a person is killed as a proximate result of lawful conduct arising out of the response, it is a felony, punishable for up to 15 years, a $25,000-$50,000 fine, or both. MCL 750.411a(1)(e). It is a C felony under the sentencing guidelines. MCL 777.16t.

2. Creates a new crime of intentionally making a false report of a medical or other emergency.

a. It is a misdemeanor, punishable by up to 93 days in jail, a $500 fine, or both. MCL 750.411a(4)(a).

b. If a person incurs physical injury as a proximate result of lawful conduct arising out of a response, it is a felony, punishable by imprisonment for up to 5 years, a $20,000 fine, or both. MCL 750.411a(4)(b). It is an E felony under the sentencing guidelines. MCL 777.16t.

c. If a person incurs serious bodily impairment of a body function as a proximate result of lawful conduct arising out of a response, it is a felony, punishable by imprisonment for up to 10 years, a $25,000 fine, or both. MCL 750.411a(4)(c). It is a D felony under sentencing guidelines. MCL 777.16t.

d. If a person is killed as a proximate result of lawful conduct arising out of a response, it is a felony, punishable by imprisonment for up to 15 years, a $25,000-$50,000 fine, or both. MCL 750.411a(4)(d). It is a C felony under the guidelines. MCL 777.16t.

3. The court may order the defendant to reimburse the government for the costs of responding to the false report. MCL 750.411a(5).

4. A violation occurs if the communication of the false report originates in this state, is intended to terminate in this state, or is intended to terminate with a person who is in this state. MCL 750.411a(7).

5. A violation may be prosecuted in any jurisdiction in which the communication originated or terminated. MCL 750.411a(8).

M. Fireworks. 2012 PA 257. Effective July 2, 2012. The following are changes to the Michigan Fireworks Safety Act.

1. Increases the fines for failing to remit the firework safety fee or for not having a fireworks certificate to $20,000 for a 2nd offense and $40,000 for a 3rd offense. MCL 28.454(1) & MCL 28.458(4).

2. Removes the requirement that violations that result in property damage, serious bodily injury, or death be committed knowingly, intentionally, or recklessly. MCL 28.468(1).

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