750.145h Vulnerable adult; sexually explicit visual material; violation; penalties; enhanced sentence; definitions.

302 words·~1 min read·/mi/chapter-750/750-145h

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Sec. 145h.

(1)A person shall not intentionally or knowingly harass, abuse, threaten, force, coerce, compel, or exploit the vulnerability of a vulnerable adult in a manner that causes the vulnerable adult to provide that person, or any other person, sexually explicit visual material.

(2)Except as provided in subsection (3), a person who violates subsection

(1)is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $500.00, or both.

(3)A person who violates subsection

(1)who has 1 or more prior convictions for a violation of subsection

(1)is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both.

(4)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 must 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.

(5)As used in this section:

(a)"Sexually explicit visual material" means that term as defined in section 145e.

(b)"Vulnerable adult" means that term as defined in section 145m.

History: Add. 2023, Act 275 , Eff. Mar. 7, 2024