324.2157 Violation; penalties; determination of total value; prior convictions; prohibition.

663 words·~3 min read·/mi/chapter-324/324-2157

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 2157.

(1)A person who violates section 2156 is guilty of a crime as follows:

(a)If the damages are less than $200.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or 3 times the aggregate value of the forest product, improvement, or property involved, whichever is greater, or both imprisonment and a fine.

(b)If any of the following apply, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the forest product, improvement, or property involved, whichever is greater, or both imprisonment and a fine:

(i)The value of the forest product, improvement, or property involved is $200.00 or more but less than $1,000.00.

(ii)The person violates subdivision

(a)and has 1 or more prior convictions for committing or attempting to commit an offense under section 2156.

(c)If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the forest product, improvement, or property involved, whichever is greater, or both imprisonment and a fine:

(i)The value of the forest product, improvement, or property involved is $1,000.00 or more but less than $20,000.00.

(ii)The person violates subdivision (b)(i) and has 1 or more prior convictions for violating or attempting to violate section 2156. For purposes of this subparagraph, however, a prior conviction does not include a conviction for a violation or attempted violation of subdivision

(a)or (b)(ii).

(d)If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the value of the forest product, improvement, or property involved, whichever is greater, or both imprisonment and a fine:

(i)The forest product, improvement, or property involved has a value of $20,000.00 or more.

(ii)The person violates subdivision (c)(i) and has 2 or more prior convictions for committing or attempting to commit an offense under section 2156. For purposes of this subparagraph, however, a prior conviction does not include a conviction for a violation or attempted violation of subdivision

(a)or (b)(ii).

(2)The values of the forest product, improvement, or property involved in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value of the forest products, improvements, or property involved.

(3)If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant's prior conviction or convictions shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:

(a)A copy of the judgment of conviction.

(b)A transcript of a prior trial, plea-taking, or sentencing.

(c)Information contained in a presentence report.

(d)The defendant's statement.

(4)If the sentence for a conviction under this section is enhanced by 1 or more prior convictions, those prior convictions shall not be used to further enhance the sentence for the conviction pursuant to section 10, 11, or 12 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.

History: Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2001, Act 155 , Eff. Jan. 1, 2002

Popular Name: Act 451

Popular Name: NREPA