445.408 Violation of act; penalties; remedies.

310 words·~1 min read·/mi/chapter-445/445-408

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

Sec. 8.

(1)Except as otherwise provided for in this section, a person who violates this act is guilty of a misdemeanor and shall be imprisoned for not more than 6 months and shall be fined not less than $500.00 or more than $1,000.00.

(2)A second hand or junk dealer who buys or sells scrap metal, knowing that it is stolen, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both. The penalties imposed under this subsection apply only to a first violation of this subsection.

(3)A second hand or junk dealer who buys or sells stolen scrap metal knowing that it was stolen 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 both. The penalties imposed under this subsection apply to a second or subsequent violation.

(4)The license of a person, corporation, copartnership, or firm that is found guilty of violating any of the provisions of this act shall be considered to be revoked upon entry of a conviction and such person, corporation, copartnership, or firm shall not be permitted to carry on the business of being a second hand or junk dealer within this state for a period of 1 year after that conviction.

(5)The remedies under this act are independent and cumulative. The use of 1 remedy by a person does not bar the use of other lawful remedies by that person or the use of a lawful remedy by another person.

History: 1917, Act 350, Imd. Eff. May 10, 1917 ;-- CL 1929, 9765 ;-- CL 1948, 445.408 ;-- Am. 2006, Act 675 , Eff. Mar. 30, 2007 ;-- Am. 2008, Act 428 , Eff. Apr. 1, 2009