HOUSE BILL No. 6079


     May 9, 2002, Introduced by Rep. Koetje and referred to the Committee on Criminal Justice.


        A bill to amend 1931 PA 328, entitled

   "Michigan penal code,"

   by amending sections 16, 25, 33, 34, 44, 45, 50c, 57, 60, 64,

   90c, 113, 114, 123, 125, 138, 140, 149, 150, 151, 153, 172, 173,

   183, 184, 191, 192, 197a, 215, 217, 217c, 219, 220, 240, 263,

   264, 287, 288, 294, 295, 298, 301, 302, 304, 305, 306, 314, 330,

   331, 335, 335a, 354, 359, 368, 371, 375, 389, 393, 404, 407, 408,

   410, 411a, 411d, 414, 428, 429, 430, 454, 466, 478, 482, 490a,

   492, 502b, 508, 509, 519, 524, 537, 538, 540e, 540f, and 561

   (MCL 750.16, 750.25, 750.33, 750.34, 750.44, 750.45, 750.50c,

   750.57, 750.60, 750.64, 750.90c, 750.113, 750.114, 750.123,

   750.125, 750.138, 750.140, 750.149, 750.150, 750.151, 750.153,

   750.172, 750.173, 750.183, 750.184, 750.191, 750.192, 750.197a,

   750.215, 750.217, 750.217c, 750.219, 750.220, 750.240, 750.263,

   750.264, 750.287, 750.288, 750.294, 750.295, 750.298, 750.301,


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   750.302, 750.304, 750.305, 750.306, 750.314, 750.330, 750.331,

   750.335, 750.335a, 750.354, 750.359, 750.368, 750.371, 750.375,

   750.389, 750.393, 750.404, 750.407, 750.408, 750.410, 750.411a,

   750.411d, 750.414, 750.428, 750.429, 750.430, 750.454, 750.466,

   750.478, 750.482, 750.490a, 750.492, 750.502b, 750.508, 750.509,

   750.519, 750.524, 750.537, 750.538, 750.540e, 750.540f, and

   750.561), section 50c as added by 1994 PA 336, section 90c as

   amended by 2001 PA 1, section 125 as amended by 1999 PA 251, sec-

   tions 215, 371, 524, 537, and 538 as amended by 1991 PA 145, sec-

   tion 217c as added and section 368 as amended by 1998 PA 360,

   sections 263 and 264 as amended by 1997 PA 155, section 302 as

   amended by 1989 PA 85, section 375 as amended by 1996 PA 206,

   section 411a as amended by 2000 PA 370, section 411d as added by

   1980 PA 490, section 502b as amended by 1991 PA 44, section 508

   as amended by 1990 PA 77, section 540e as amended by 1988 PA 395,

   and section 540f as added by 1996 PA 333.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 16.   Adulterating drugs or medicines in manner injuri-

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        ous to health--Any  A person who  shall  fraudulently

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         adulterate  ADULTERATES, for the purpose of sale, any drug or

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        medicine  , in such manner  SO as to render the  same  DRUG OR

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        MEDICINE injurious to health  , shall be  IS guilty of a misde-

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        meanor  ,  punishable by imprisonment  in the county jail  FOR

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        not more than 1 year or  by  a fine of not more than  500

 8
        dollars  $1,000.00.

 9
             Sec. 25.  (1)  Adulteration of butter and cream--Any  A

10
        person  , his agent or servant who shall, within this state, have


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        in his possession  POSSESSES with intent to sell, or offer or

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        expose for sale, or sell as butter or as cream,  any  A product

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         which  THAT is adulterated within the meaning of this section  ,

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        shall be  IS guilty of a misdemeanor  ,  punishable by imprison-

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        ment  in the county jail  FOR not more than 1 year or  by  a fine

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        of not more than  500 dollars  $1,000.00.

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             (2) Butter  shall be deemed to be  IS adulterated within the

 8
        meaning of this section IF 1 OR BOTH OF THE FOLLOWING CONDITIONS

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        EXIST:

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             (A)  1.  If the  THE fat content is not exclusively derived

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        from cow's milk.  ;

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             (B)  2.  If it  THE BUTTER contains less than  80 per cent

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        80% of milk fat.  ;

14
             (3) Cream  shall be deemed to be  IS adulterated within the

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        meaning of this section if  it  1 OR MORE OF THE FOLLOWING CONDI-

16
        TIONS EXIST:

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             (A) THE CREAM contains less than  18 per cent  18% of milk

18
        fat.  or

19
             (B) THE CREAM is not that portion of milk, rich in milk fat,

20
         which  THAT rises to the surface of milk on standing, or is sep-

21
        arated from it by centrifugal force.  , or

22
             (C) THE CREAM is not clean.

23
             Sec. 33.  (1)  Any  A person  ,  who, with intent to sell,

24
        purchase,  or in anywise  dispose of, or acquire merchandise,

25
        securities, service, or anything offered or sought by  such  THE

26
        person, directly or indirectly, to or from the public for sale,

27
        purchase, or distribution, or with intent to increase the



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        consumption  thereof  OF MERCHANDISE, SECURITIES, SERVICE, OR

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        OTHER THING OFFERED OR SOUGHT, or to induce the public in any

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        manner to enter into  any  AN obligation relating  thereto or

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        any  TO OR interest  therein  IN THE MERCHANDISE, SECURITIES,

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        SERVICE, OR OTHER THING OFFERED OR SOUGHT, makes, publishes, dis-

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        seminates, circulates, or places before the public, or causes

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        directly or indirectly to be made, published, disseminated,

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        circulated, or placed before or communicated to the public,  in

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        this state,  in a newspaper or by radio broadcast, television,

10
        telephone, or telegraph or other mode of communication or publi-

11
        cation or in the form of a book, notice, handbill, poster, bill,

12
        circular, pamphlet, letter, or communication, including communi-

13
        cation by telephone or telegraph to 2 or more persons, or in any

14
        other way, in advertisement of any sort regarding merchandise,

15
        securities, service, or anything so offered to or sought from the

16
        public, or regarding the motive or purpose of a sale, purchase,

17
        distribution, or acquisition, which advertisement contains  any

18
        AN assertion, representation, or statement or illustration,

19
        including statements of present or former sale price or value,

20
        which is  untrue  FALSE, deceptive, or misleading, or calculated

21
        to subject  any  ANOTHER person to disadvantage or injury through

22
        the publication of false or deceptive statements or as part of a

23
        plan or scheme with the intent, design, or purpose not to sell

24
        the merchandise, commodities, or service so advertised at the

25
        price stated therein, or otherwise communicated, or with intent

26
        not to sell the merchandise, commodities, or service so

27
        advertised  shall be  IS guilty of a misdemeanor punishable by



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        imprisonment  in the county jail  for not more than 1 year or

 2
         by  a fine of not more than  $500.00:  Provided, however, That

 3
        the provisions of this section shall  $1,000.00.

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             (2) SUBSECTION (1) DOES not apply to  any  AN owner, pub-

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        lisher, printer, agent, or employee of a newspaper or other pub-

 6
        lication, periodical, or circular, or of a radio station or tele-

 7
        vision station, who in good faith and without knowledge of the

 8
        falsity or deceptive character thereof, publishes, causes to be

 9
        published, or takes part in the publication of  such  AN adver-

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        tisement  :  Provided further, That with respect to use of a

11
        telephone by subscribers or users, the provisions of this section

12
        shall  DESCRIBED IN SUBSECTION (1).

13
             (3) SUBJECTION (1) DOES not apply to any person, firm, or

14
        corporation providing telephone service TO SUBSCRIBERS as a

15
        public utility.

16
             Sec. 34.   Immoral advertising--Any  A person who  shall

17
        advertise  ADVERTISES in his OR HER own name or in the name of

18
        another person, firm or pretended firm, association, OR corpora-

19
        tion or pretended corporation, in  any  A newspaper, pamphlet,

20
        circular, periodical, or other written or printed paper, or the

21
        owner, publisher, or manager of  any  A newspaper or periodical

22
        who  shall permit  PERMITS to be published or inserted in  any  A

23
        newspaper or periodical owned or controlled by him OR HER, an

24
        advertisement of the treating or curing of venereal diseases, the

25
        restoration of " Lost  LOST manhood" or " Lost  LOST vitality or

26
        vigor", or  shall advertise  ADVERTISES in any manner that he OR

27
        SHE is a specialist in diseases of the sexual organs, or diseases



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        caused by sexual vice  , self-abuse  OR MASTURBATION, or in any

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        diseases of like cause, or shall advertise in any manner any med-

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        icine, drug, compound, appliance, or any means whatever whereby

 4
        sexual diseases of men or women may be cured or relieved, or mis-

 5
        carriage or abortion produced,  shall be  IS guilty of a misde-

 6
        meanor  ,  punishable by imprisonment  in the county jail  FOR

 7
        not more than 1 year or  by  a fine of not more than  500

 8
        dollars  $1,000.00.

 9
             Sec. 44.   Trick or acrobatic flying--Any  AN aeronaut or

10
        passenger who, while in flight over a thickly inhabited area or

11
        over a public gathering  , within this state, shall engage

12
        ENGAGES in trick or acrobatic flying  ,  or in any acrobatic feat

13
         ,  or,  shall,  except while in landing or taking off, 
    fly

14
        FLIES at such a low level as to endanger the persons on the sur-

15
        face beneath, or drop or release any object or thing  which  THAT

16
        may endanger life or injure property except when necessary to the

17
        personal safety of the aeronaut or passenger,  shall be  IS

18
        guilty of a misdemeanor punishable by imprisonment  in the county

19
        jail  FOR not more than 1 year or  by  a fine of not more than

20
         500 dollars  $1,000.00.

21
             Sec. 45.   Open air assemblies, flying over--Any  A person

22
        who  shall operate any  OPERATES AN aircraft over open air assem-

23
        blies of people at a height of less than 1,500 feet from the

24
        ground  , shall be  IS guilty of a misdemeanor  ,  punishable by

25
        imprisonment  in the county jail  FOR not more than 1 year or

26
         by  A fine of not more than  500 dollars:  Provided, That this

27
        $1,000.00.  THIS section  shall  DOES not apply to groups



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        assembled for the purpose of witnessing aerial exhibitions and

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        stunt flying, nor to groups assembled at a flying field.

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             Sec. 50c.  (1) As used in this section:

 4
             (a) "Dog handler" means a peace officer who has successfully

 5
        completed training in the handling of a police dog pursuant to a

 6
        policy of the law enforcement agency that employs that peace

 7
        officer.

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             (b) "Physical harm" means any injury to a dog's or horse's

 9
        physical condition.

10
             (c) "Police dog" means a dog used by a law enforcement

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        agency of this state or of a local unit of government of this

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        state that is trained for law enforcement work and subject to the

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        control of a dog handler.

14
             (d) "Police horse" means a horse used by a law enforcement

15
        agency of this state or of a local unit of government of this

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        state for law enforcement work.

17
             (e) "Serious physical harm" means any injury to a dog's or

18
        horse's physical condition or welfare that is not necessarily

19
        permanent but that constitutes substantial body disfigurement, or

20
        that seriously impairs the function of a body organ or limb.

21
             (2) A person shall not intentionally kill or cause serious

22
        physical harm to a police dog or police horse.

23
             (3) A person shall not intentionally cause physical harm to

24
        a police dog or police horse.

25
             (4) A person shall not intentionally harass or interfere

26
        with a police dog or police horse lawfully performing its

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        duties.



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             (5) A person who violates subsection (2) is guilty of a

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        felony punishable by imprisonment for not more than 5 years or a

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        fine of not more than $2,500.00, or both.

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             (6) Except as provided in subsection (7), a person who vio-

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        lates subsection (3) or (4) is guilty of a misdemeanor punishable

 6
        by imprisonment for not more than 1 year or a fine of not more

 7
        than  $500.00  $1,000.00, or both.

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             (7) A person who violates subsection (3) or (4) while com-

 9
        mitting a crime is guilty of a felony punishable by imprisonment

10
        for not more than 2 years or a fine of not more than  $1,000.00

11
        $1,500.00, or both.

12
             (8) This section does not prohibit an individual from being

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        charged with, convicted of, or punished for any other violation

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        of law committed by that individual while violating this

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        section.

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             Sec. 57.   Burial of dead animals--Any  A person  or persons

17
        who shall put any  WHO PLACES A dead animal or part of the car-

18
        cass of  any  A dead animal  ,  into  any  A
    lake, river, creek,

19
        pond, road, street, alley, lane, lot, field, meador, or common,

20
        or in any place within 1 mile of the residence of  any  A person,

21
         or persons,  except the same and every part  thereof be  OF THE

22
        CARCASS IS buried at least 4 feet  under ground  UNDERGROUND, and

23
        the owner or owners thereof who  shall  knowingly permit the

24
         same  CARCASS OR PART OF A CARCASS to remain in any of  the

25
        aforesaid  THOSE places, to the injury of the health, or to the

26
        annoyance of  the citizens of this state, or any of them, shall

27
        be  ANOTHER IS guilty of a misdemeanor.  ; and every  EVERY 24



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        hours  said  THAT THE owner  may permit the same  PERMITS THE

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        CARCASS OR PART OF A CARCASS to remain after  such  A conviction

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         , shall be deemed  UNDER THIS SECTION IS an additional offense

 4
         against the provisions of  UNDER this section, a misdemeanor  ,

 5
        punishable by a fine of not less than  50 dollars nor  $50.00 OR

 6
        more than  100 dollars,  $500.00 or by imprisonment  of  FOR not

 7
         less than 30 days nor  more than 90 days.

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             Sec. 60.  (1)  Docking horses tails--Any  A person who

 9
         shall cut  CUTS the bone of the tail of  any  A horse for the

10
        purpose of docking the tail, or  any person  who  shall cause

11
        CAUSES or knowingly  permit it  PERMITS THE CUTTING to be done

12
        upon the premises of which he OR SHE is the owner, lessee,

13
        proprietor, or user, or  any person  who  shall assist  ASSISTS

14
        in  or be  IS present at such cutting,  shall be  IS guilty of a

15
        misdemeanor  ,  punishable by imprisonment  in the county jail

16
        of  FOR not more than 1 year or  by  a fine of not more than
     500

17
        dollars:  Provided, That such  $1,000.00.  HOWEVER, THIS SUBSEC-

18
        TION DOES NOT APPLY TO THE cutting of the bone of the tail of

19
         any  A horse for the purpose of docking the tail  shall be

20
        lawful  when a certificate of a regularly qualified veterinary

21
        surgeon  shall  IS first  be  obtained certifying that 
    such  THE

22
        cutting is necessary for the health or safety of  such  THE

23
        horse.

24
             (2) If a horse  shall be  IS found with its tail  so  cut

25
        and with the wound resulting from  such  THE cutting unhealed,

26
        upon the premises of any person,  such  THOSE facts shall be

27
        prima facie evidence that the person occupying or using the



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        premises on which  such  THAT horse is  so  found has committed

 2
        the offense described in  this section  SUBSECTION (1).

 3
             (3) If a horse  shall be  IS found with its tail  so  cut

 4
        and with the wound resulting therefrom unhealed, in the charge or

 5
        custody of any person,  such  THAT fact shall be prima facie evi-

 6
        dence that the person having the charge or custody of  such  THAT

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        horse has committed the offense charged in  this section

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        SUBSECTION (1).

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             Sec. 64.   Penalty for failing to register docked

10
        horses--Any  A person  or persons violating any of the

11
        provisions  WHO VIOLATES A PROVISION of this chapter by failing

12
        to register  any  A docked horse  or horses,  as herein provided

13
         , shall be  IS guilty of a misdemeanor  ,  punishable by impris-

14
        onment  in the county jail  FOR not more than 6 months or  by  a

15
        fine of not more than  250 dollars  $750.00.

16
             Sec. 90c.  A person who commits a grossly negligent act

17
        against a pregnant individual is guilty of a crime as follows:

18
             (a) If the act results in a miscarriage or stillbirth by

19
        that individual or death to the embryo or fetus, a felony punish-

20
        able by imprisonment for not more than 15 years or a fine of not

21
        more than $7,500.00, or both.

22
             (b) If the act results in great bodily harm to the embryo or

23
        fetus, a felony punishable by imprisonment for not more than 5

24
        years or a fine of not more than $2,500.00, or both.

25
             (c) If the act results in serious or aggravated physical

26
        injury to the embryo or fetus, a misdemeanor punishable by





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        imprisonment for not more than 6 months or a fine of not more

 2
        than $500.00, or both.

 3
             (d) If the act results in physical injury to the embryo or

 4
        fetus, a misdemeanor punishable by imprisonment for not more than

 5
        93 days or a fine of not more than  $100.00  $500.00, or both.

 6
             Sec. 113.   Opening or attempting to open coin box,

 7
        etc.--Any  A person who maliciously and  wilfully  WILLFULLY, by

 8
        and with the aid and use of any key, instrument, device, or

 9
        explosive, blows or attempts to blow, or forces or attempts to

10
        force an entrance into any coin box, depository box, or other

11
        receptacle established and maintained for the convenience of the

12
        public, or of any person or persons, in making payment for any

13
        article of merchandise or service, wherein is contained any money

14
        or thing of value, or extracts or obtains, or attempts to extract

15
        or obtain, therefrom any such money or thing of value so depos-

16
        ited or contained therein,  shall be  IS guilty of a misdemeanor

17
         ,  punishable by imprisonment  in the county jail  FOR not more

18
        than 6 months or  by  a fine of not more than  250 dollars

19
        $750.00.

20
             Sec. 114.   Breaking and entering outside show case,

21
        etc.--Any  A person who shall break and enter, or enter without

22
        breaking, at any time, any outside  show case  SHOWCASE or other

23
        outside enclosed counter used for the display of goods, wares, or

24
        merchandise, with intent to commit the crime of larceny,  shall

25
        be  IS guilty of A misdemeanor  ,  punishable by imprisonment
     in

26
        the county jail  FOR not more than 6 months or  by  a fine of not

27
        more than  250 dollars  $750.00.



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             Sec. 123.   Officer omitting duty for reward--Any  A

 2
        sheriff, coroner, constable, peace officer, or any other officer

 3
        authorized to serve process or arrest or apprehend offenders

 4
        against criminal law who shall receive from a defendant or from

 5
        any other person any money or other valuable thing or any service

 6
        or promise to pay or give money or to perform or omit to perform

 7
        any act as a consideration, reward, or inducement, for omitting

 8
        or delaying to arrest any defendant, or to carry him OR HER

 9
        before a magistrate, or for delaying to take any person to

10
        prison, or for postponing the sale of any property under an exe-

11
        cution, or for omitting or delaying to perform any duty pertain-

12
        ing to his OR HER office,  shall be  IS guilty of a misdemeanor

13
         ,  punishable by imprisonment  in the county jail  FOR not more

14
        than 6 months or  by  A fine of not more than  250 dollars:

15
        Provided, That if such  $750.00.  HOWEVER, IF THAT defendant

16
         shall be  IS charged with an offense against the criminal laws

17
        of  the  THIS state,  of Michigan, any  AN officer convicted

18
        under  the provisions of  this section  ,  may  , in the
    discre-

19
        tion of the court,  be punished by any fine or by any term of

20
        imprisonment or both  such  A fine and imprisonment, within the

21
        limits fixed by the statute  which such  THAT THE defendant is

22
        charged with having violated.

23
             Sec. 125.  (1) A person shall not give, offer, or promise a

24
        commission, gift, or gratuity to an agent, employee, or other

25
        person or do or offer to do an act beneficial to an agent,

26
        employee, or other person with intent to influence the action of





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        the agent or employee in relation to his or her principal's or

 2
        employer's business.

 3
             (2) An agent or employee shall not request or accept a com-

 4
        mission, gift, or gratuity, or a promise of a commission, gift,

 5
        or gratuity, for the agent, employee, or another person or the

 6
        doing of an act or offer of an act beneficial to the agent,

 7
        employee, or another person according to an agreement or under-

 8
        standing between the agent or employee and any other person that

 9
        the agent or employee shall act in a particular manner in rela-

10
        tion to his or her principal's or employer's business.

11
             (3) A person shall not use or give to an agent, employee, or

12
        other person, and an agent or employee shall not use, approve, or

13
        certify, with intent to deceive the principal or employer, a

14
        receipt, account, invoice, or other document concerning which the

15
        principal or employer is interested that contains a statement

16
        that is materially false, erroneous, or defective or omits to

17
        state fully any commission, money, property, or other valuable

18
        thing given or agreed to be given to the agent or employee.

19
             (4) Evidence is not admissible in any proceeding or prosecu-

20
        tion under this section to show that a gift or acceptance of a

21
        commission, money, property, or other valuable thing described in

22
        this section is customary in a business, trade, or calling.  The

23
        customary nature of a transaction is not a defense in a proceed-

24
        ing or prosecution under this section.

25
             (5) In a proceeding or prosecution under this section, a

26
        person shall not be excused from attending and testifying or from

27
        producing documentary evidence pursuant to a subpoena on the



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        ground that the testimony or evidence may tend to incriminate him

 2
        or her or subject him or her to a penalty or forfeiture.

 3
        Truthful testimony, evidence, or other truthful information com-

 4
        pelled under this section and any information derived directly or

 5
        indirectly from that truthful testimony, evidence, or other

 6
        truthful information shall not be used against the witness in a

 7
        criminal case, except for impeachment purposes or in a prosecu-

 8
        tion for perjury or otherwise failing to testify or produce evi-

 9
        dence as required.

10
             (6) A person who violates this section is guilty of a misde-

11
        meanor punishable by imprisonment for not more than 1 year or a

12
        fine of not more than  $500.00  $1,000.00, or both.

13
             Sec. 138.   Interfering with legal custody of dependent,

14
        neglected and delinquent children--Any  A person who  shall  in

15
        any manner  interfere or attempt  INTERFERES OR ATTEMPTS to

16
        interfere with the custody of any CHILD WHO HAS BEEN ADJUDGED TO

17
        BE dependent, neglected, or delinquent  child who has been

18
        adjudged to be such  pursuant to  Act No. 6 of the Public Acts of

19
        1907, Extra Session, as amended, being sections 12834 to 12849,

20
        inclusive, of the Compiled Laws of 1929, subsequently to  CHAPTER

21
        XIIA OF THE PROBATE CODE OF 1939, 1939 PA 288, MCL 712A.1 TO

22
        712A.32, AFTER the making of an order of commitment to a state

23
        institution or otherwise, in accordance with  said  THAT act and

24
        pending the actual admission and reception of  such  THE child as

25
        an inmate of the institution, school, or home to which commitment

26
        is made; and any person who  shall entice such  ENTICES THE

27
        neglected, dependent, or delinquent child from and out of the



   04460'01                                  15

 1
        custody of the person or persons entitled thereto under the order

 2
        of the court or who shall in any way interfere or attempt to

 3
        interfere with  such  THE custody; and  any  A person who
     shall

 4
        entice or procure any such  ENTICES OR PROCURES THE child commit-

 5
        ted as aforesaid to leave and depart from any hospital or other

 6
        place where  such  THE child  may have been  WAS placed pursuant

 7
        to the order of the court for the purpose of receiving medical

 8
        treatment pending admission into the state institution, school,

 9
        home, or other institution or place to which commitment may have

10
        been made,  shall be  IS guilty of a misdemeanor  ,  punishable

11
        by imprisonment  in the county jail  FOR not more than 1 year  ,

12
        or  by  A fine of not more than  500 dollars  $1,000.00.

13
             Sec. 140.   Exhibition, etc., of children in certain

14
        cases--  Any person having the care, custody, or control of any

15
        child under 16 years of age, who shall exhibit, use, or employ,

16
        or who shall apprentice, give away, let out, or otherwise dispose

17
        of  any such  THE child to any person in or for the vocation,

18
        service, or occupation of rope or wire walking, gymnast, contor-

19
        tionist, rider, or acrobat, dancing, or begging in any place

20
        whatsoever, or for any obscene, indecent, or immoral purpose,

21
        exhibition, or practice whatsoever, or for any exhibition injuri-

22
        ous to the health or dangerous to the life or limb of  such  THE

23
        child, or who shall cause, procure, or encourage  such  THE child

24
        to engage therein, and any person who shall take, receive, hire,

25
        employ, use, exhibit, or have in custody any  such  child for any

26
        of the purposes mentioned in this section,  shall be  IS guilty

27
        of a misdemeanor  ,  punishable by imprisonment  in the county



   04460'01                                  16

 1
        jail  FOR not more than 1 year or  by  a fine of not more than

 2
         500 dollars  $1,000.00.

 3
             Sec. 149.   Punishment--  Any person having knowledge of the

 4
        commission of any offense punishable with death, or by imprison-

 5
        ment in the state prison, who shall take any money, or any gratu-

 6
        ity or reward, or any engagement therefor, upon an agreement or

 7
        understanding, express or implied, to compound or conceal such

 8
        offense, or not to prosecute therefor, or not to give evidence

 9
        thereof, shall, when such offense of which he OR SHE has knowl-

10
        edge was punishable with death, or imprisonment in the state

11
        prison for life,  be  IS guilty of a felony; and where the

12
        offense, of which he OR SHE so had knowledge, was punishable in

13
        any other manner, he  shall be  OR SHE IS guilty of a misdemeanor

14
         ,  punishable by imprisonment  in the county jail  FOR not more

15
        than 1 year  ,  or  by  A fine of not more than  500
    dollars

16
        $1,000.00.

17
             Sec. 150.  If any unmarried woman  shall conceal  CONCEALS

18
        the death of any issue of her body, so that it may not be known

19
        whether such issue was born alive or not, or whether it was not

20
        murdered, she shall be punished by A fine not exceeding  100

21
        dollars,  $1,000.00 or imprisonment  in the county jail  FOR not

22
        more than 1 year.

23
             Sec. 151.   Definition and punishment--  All contracts,

24
        agreements, understandings, and combinations made, entered into,

25
        or knowingly assented to, by and between any parties capable of

26
        making a contract or agreement which would be valid at law or in

27
        equity, the purpose or object or intent of which shall be to



   04460'01                                  17

 1
        limit, control, or in any manner to restrict or regulate the

 2
        amount of production or the quantity of any article or commodity

 3
        to be raised, or produced by mining, manufacture, agriculture, or

 4
        any other branch of business or labor, or to enhance, control or

 5
        regulate the market price thereof, or in any manner to prevent or

 6
        restrict free competition in the production or sale of any such

 7
        article or commodity, shall be illegal and void, and every such

 8
        contract, agreement, understanding, and combination shall consti-

 9
        tute a criminal conspiracy.  And every person who, for himself OR

10
        HERSELF personally, or as a member, or in the name of a partner-

11
        ship, or as a member, agent, or officer of a corporation, or of

12
        any association for business purposes of any kind, who shall

13
        enter into or knowingly consent to any such void and illegal con-

14
        tract, agreement, understanding, or combination, shall be deemed

15
        a party to such conspiracy.

16
             All parties so offending shall be guilty of a misdemeanor

17
         ,  punishable by imprisonment in the county jail for not more

18
        than 6 months or  by  a fine of not more than  250 dollars

19
        $750.00.  And the prosecution for offenses under this section may

20
        be instituted and the trial had in any county where any of the

21
        conspirators become parties to such conspiracy, or in which any

22
         one  1 of the conspirators shall reside.  :  Provided, however,

23
        That this  THIS section shall in no manner invalidate or affect

24
        contracts for what is known and recognized as common law and in

25
        equity as contracts for the "good will of a trade or business";

26
        but all such contracts shall be left to stand upon the same terms





   04460'01                                  18

 1
        and within the same limitations recognized at common law and in

 2
        equity.

 3
             Sec. 153.   Carrying into effect such unlawful contracts--

 4
        The carrying into effect, in whole or in part, of any such ille-

 5
        gal contract, agreement, understanding, or combination as men-

 6
        tioned in the first section of this chapter and every act  which

 7
        THAT shall be done for that purpose by any of the parties or

 8
        through their agency or the agency of any  one  1 of them,  shall

 9
        constitute  CONSTITUTES a misdemeanor  ,  punishable by imprison-

10
        ment  in the county jail  FOR not more than 1 year  ,  or
     by  A

11
        fine of not more than  500 dollars  $1,000.00.

12
             Sec. 172.   Accepting challenge and abetting a duel--  Any

13
        person who shall accept any  such  challenge, or who shall know-

14
        ingly carry or deliver any  such  challenge or message, whether a

15
        duel ensue or not, and every person who shall be present at the

16
        fighting of a duel with deadly weapons as an aid or second, or

17
        surgeon, or who shall advise, encourage, or promote such duel,

18
         shall be  IS guilty of a misdemeanor  ,  punishable by imprison-

19
        ment  in the county jail  FOR not more than 1 year  ,  or
     by  A

20
        fine of not more than  500 dollars,  $1,000.00 and  shall  IS

21
        also  be  disqualified as mentioned in the preceding section.

22
             Sec. 173.   Posting for not accepting challenge to duel--

23
        Any person who shall post or advertise another, or in writing or

24
        print, use any reproachful or contemptuous language, to or con-

25
        cerning another, for not fighting a duel, or for not sending or

26
        accepting a challenge,  shall be  IS guilty of a misdemeanor  ,





   04460'01                                  19

 1
        punishable by imprisonment  in the county jail  FOR not more than

 2
        6 months or  by  A fine of not more than  250 dollars  $750.00.

 3
             Sec. 183.   Aiding escape of and rescuing prisoners--  Any

 4
        person who  shall convey  CONVEYS into any jail, prison, or other

 5
        like place of confinement, any disguise or any instrument, tool,

 6
        weapon, or other thing, adapted or useful to aid any prisoner in

 7
        making his OR HER escape, with intent to facilitate the escape of

 8
        any prisoner there lawfully committed or detained, or shall by

 9
        any means whatever, aid or assist any  such  prisoner in his OR

10
        HER endeavor to  make his  escape therefrom, whether such escape

11
        be effected or attempted, or not, and every person who shall

12
        forcibly rescue any prisoner, held in custody upon any conviction

13
        or charge of an offense,  shall be  IS guilty of a felony  ,

14
        punishable by imprisonment in the state prison not more than 7

15
        years; or, if the person whose escape or rescue was effected or

16
        intended, was charged with an offense not capital, nor punishable

17
        by imprisonment in the state prison, then the offense mentioned

18
        in this section shall be a misdemeanor and shall be punishable by

19
        imprisonment  in the county jail  FOR not more than 1 year  ,  or

20
         by  A fine of not more than  500 dollars  $1,000.00.

21
             Sec. 184.   Aiding escape from an officer--  Any person who

22
        shall aid or assist any prisoner in escaping or attempting to

23
        escape from any officer or person who shall have the lawful cus-

24
        tody of such prisoner  , shall be  IS guilty of a misdemeanor  ,

25
        punishable by imprisonment  in the county jail  FOR not more than

26
        1 year  ,  or  by  A fine of not more than  500
    dollars

27
        $1,000.00.



   04460'01                                  20

 1
             Sec. 191.   Refusing, omitting and delaying to arrest--  Any

 2
        officer authorized to serve process, who  shall wilfully

 3
        WILLFULLY and corruptly  refuse  REFUSES to execute any lawful

 4
        process to him OR HER directed, and requiring him OR HER to

 5
        apprehend or confine any person convicted or charged with an

 6
        offense, or who shall  wilfully  WILLFULLY and corruptly  omit or

 7
        delay  OMITS OR DELAYS to execute such process, whereby such

 8
        person shall escape and go at large,  shall be  IS guilty of a

 9
        misdemeanor  ,  punishable by imprisonment  in the county jail

10
        FOR not more than 1 year  ,  or  by  a fine of not more than
     500

11
        dollars  $1,000.00.

12
             Sec. 192.   Aiding escape of prisoners of Wisconsin being

13
        transported through Michigan--  It shall be lawful for any sher-

14
        iff, coroner, constable, or other officer of the state of

15
        Wisconsin or other person lawfully authorized under the laws of

16
        the state of Wisconsin to act as any such officer, having in his

17
        OR HER lawful custody any person or persons, arrested in the

18
        state of Wisconsin, under a criminal warrant or process, or under

19
        any writ, order, or process in a civil action or proceeding,

20
        issued out of or by any court of said state of Wisconsin, or by

21
        any officer of said state of Wisconsin, authorized to issue such

22
        warrant, writ, process, or order, to convey or transport any

23
         such  THE prisoner through any portion of the state of Michigan,

24
        whenever it shall be necessary or convenient so to do in order to

25
        bring  such  THE prisoner before any such court or officer of the

26
        state of Wisconsin, or to deliver  him  THE PRISONER to any

27
        jailor, or commit  him  THE PRISONER to any prison of said state



   04460'01                                  21

 1
        of Wisconsin, for any lawful purpose whatsoever.  Any such

 2
        officer of the state of Wisconsin,  shall,  while in the state of

 3
        Michigan with any prisoner or prisoners in  his  THE OFFICER'S

 4
        custody for the purposes aforesaid,  have  HAS all the rights and

 5
        powers in relation to such prisoner or prisoners as would a sher-

 6
        iff of this state.

 7
              It shall not be lawful for any  AN officer of  the  THIS

 8
        state  of Michigan to  SHALL NOT discharge any such prisoner from

 9
        custody under writ of habeas corpus or other proceeding brought

10
        for that purpose, when it shall be made to appear that  such  THE

11
        prisoner is in custody as in the preceding paragraph stated.  And

12
        it shall be a sufficient answer to said writ of habeas corpus or

13
        other proceeding, by the officer or person having such custody,

14
        that he OR SHE holds  such  THE prisoner by virtue of a lawful

15
        warrant, writ, process, or order as in the preceding paragraph

16
        stated, and he OR SHE shall annex to  such  THE answer a copy of

17
        the warrant, writ, process, or order under which he OR SHE claims

18
        custody of  such  THE prisoner.

    19       Any person who shall in any manner aid or assist any  such

20
        A prisoner so being conveyed or transported through  the  THIS

21
        state  of Michigan,  to escape from the officer or person having

22
         him  THE PRISONER so in lawful custody, or who  shall resist any

23
        such  RESISTS THE officer or person  ,  while engaged in convey-

24
        ing or transporting  any such  THE prisoner through this state,

25
         shall be  IS guilty of a misdemeanor  ,  punishable by imprison-

26
        ment  in the county jail  FOR not more than 1 year  ,  or
     by  a

27
        fine of not more than  500 dollars  $1,000.00.



   04460'01                                  22

 1
             Sec. 197a.   Any  A person who  shall break or escape

 2
        BREAKS OR ESCAPES from lawful custody under any criminal process,

 3
        including periods while at large on bail,  shall be  IS guilty of

 4
        a misdemeanor punishable by imprisonment  in the county jail  for

 5
        not more than 1 year  ,  or  by  a fine of not more than

 6
         $500.00  $1,000.00.

 7
             Sec. 215.  Any person who falsely assumes or pretends to be

 8
        a sheriff, deputy sheriff, conservation officer, coroner, consta-

 9
        ble, police officer, or member of the Michigan state police, and

10
        shall take upon himself or herself to act as such, or to require

11
        any person to aid and assist him or her in any matter pertaining

12
        to the duty of a sheriff, deputy sheriff, conservation officer,

13
        coroner, constable, police officer, or member of the Michigan

14
        state police, or shall falsely take upon himself or herself to

15
        act or officiate in any office or place of authority,  shall be

16
        IS guilty of a misdemeanor  ,  punishable by imprisonment for not

17
        more than 1 year  ,  or  by  A fine of not more than 
    $500.00

18
        $1,000.00.

19
             Sec. 217.   Disguising with intent to intimidate, etc.--

20
        Any person who  shall  in any manner  disguise  DISGUISES himself

21
         ,  OR HERSELF with intent to obstruct the due execution of the

22
        law, or with intent to intimidate, hinder or interrupt any offi-

23
        cer or any other person  ,  in the legal performance of his OR

24
        HER duty, or the exercise of his OR HER rights under the consti-

25
        tution and laws of this state, whether such intent be effected or

26
        not,  shall be  IS guilty of a misdemeanor  ,  punishable by





   04460'01                                  23

 1
        imprisonment  in the county jail  FOR not more than 1 year or

 2
         by  A fine of not more than  500 dollars  $1,000.00.

 3
             Sec. 217c.  (1) A person shall not impersonate, falsely rep-

 4
        resent himself or herself as, or falsely act as a public officer

 5
        or public employee and prepare, issue, serve, execute, or other-

 6
        wise act to further the operation of any legal process or unau-

 7
        thorized process that affects or purports to affect persons or

 8
        property.

 9
             (2) Except as provided in subsection (3) or (4), a person

10
        who violates subsection (1) is guilty of a misdemeanor punishable

11
        by imprisonment for not more than 1 year or a fine of not more

12
        than  $500.00  $1,000.00, or both.

13
             (3) A person who violates subsection (1) after a prior con-

14
        viction for violating subsection (1) is guilty of a misdemeanor

15
        punishable by imprisonment for not more than 2 years or a fine of

16
        not more than  $1,000.00  $1,500.00, or both.

17
             (4) A person who violates subsection (1) after 2 or more

18
        prior convictions for violating subsection (1) is guilty of a

19
        felony punishable by imprisonment for not more than 4 years or a

20
        fine of not more than $2,000.00, or both.

21
             (5) This section does not prohibit a person from being

22
        charged with, convicted of, or sentenced for any other violation

23
        of law that individual commits while violating this section.

24
             (6) This section does not prohibit individuals from assembl-

25
        ing lawfully or lawful free expression of opinions or designation

26
        of group affiliation or association.





   04460'01                                  24

 1
             (7) As used in this section:

 2
             (a) "Lawful tribunal" means a tribunal created, established,

 3
        authorized, or sanctioned by law or a tribunal of a private

 4
        organization, association, or entity to the extent that the

 5
        organization, association, or entity seeks in a lawful manner to

 6
        affect only the rights or property of persons who are members or

 7
        associates of that organization, association, or entity.

 8
             (b) "Legal process" means a summons, complaint, pleading,

 9
        writ, warrant, injunction, notice, subpoena, lien, order, or

10
        other document issued or entered by or on behalf of a court or

11
        lawful tribunal or lawfully filed with or recorded by a govern-

12
        mental agency that is used as a means of exercising or acquiring

13
        jurisdiction over a person or property, to assert or give notice

14
        of a legal claim against a person or property, or to direct per-

15
        sons to take or refrain from an action.

16
             (c) "Public employee" means an employee of this state, an

17
        employee of a city, village, township, or county of this state,

18
        or an employee of a department, board, agency, institution, com-

19
        mission, authority, division, council, college, university,

20
        court, school district, intermediate school district, special

21
        district, or other public entity of this state or of a city, vil-

22
        lage, township, or county in this state, but does not include a

23
        person whose employment results from election or appointment.

24
             (d) "Public officer" means a person who is elected or

25
        appointed to any of the following:

26
             (i) An office established by the state constitution of

27
        1963.



   04460'01                                  25

 1
             (ii) A public office of a city, village, township, or county

 2
        in this state.

 3
             (iii) A department, board, agency, institution, commission,

 4
        court, authority, division, council, college, university, school

 5
        district, intermediate school district, special district, or

 6
        other public entity of this state or a city, village, township,

 7
        or county in this state.

 8
             (e) "Unauthorized process" means either of the following:

 9
             (i) A document simulating legal process that is prepared or

10
        issued by or on behalf of an entity that purports or represents

11
        itself to be a lawful tribunal or a court, public officer, or

12
        other agency created, established, authorized, or sanctioned by

13
        law but that is not a lawful tribunal or a court, public officer,

14
        or other agency created, established, authorized, or sanctioned

15
        by law.

16
             (ii) A document that would otherwise be legal process except

17
        that it was not issued or entered by or on behalf of a court or

18
        lawful tribunal or lawfully filed with or recorded by a govern-

19
        mental agency as required by law.

20
             Sec. 219.   Written false statements about financial condi-

21
        tion to obtain credit, etc.--  Any person  shall be  IS guilty of

22
        a misdemeanor  ,  punishable by imprisonment  in the county jail

23
        for not more than 1 year  ,  or  by  a fine of not more than
     500

24
        dollars  $1,000.00, who, either individually or in a representa-

25
        tive capacity, DOES 1 OR MORE OF THE FOLLOWING:

26
             (A)  First, shall knowingly make  KNOWINGLY MAKES a false

27
        statement in writing to any person, firm or corporation engaged



   04460'01                                  26

 1
        in banking or other business respecting his OR HER own financial

 2
        condition or the financial condition of any firm or corporation

 3
        with which he OR SHE is connected as a member, director, officer,

 4
         employe  EMPLOYEE, or agent, for the purpose of procuring a loan

 5
        or credit in any form or an extension of credit from the person,

 6
        firm or corporation to whom  such  THE false statement is made,

 7
        either for his OR HER own use or for the use of the firm or cor-

 8
        poration with which he OR SHE is connected as aforesaid.  ; or

 9
             (B)  Second, having  HAVING previously made, or having

10
        knowledge that another has previously made a statement in writing

11
        to any person, firm, or corporation engaged in banking or other

12
        business respecting his OR HER own financial condition or the

13
        financial condition of any firm or corporation with which he OR

14
        SHE is connected as aforesaid, shall afterwards procure on faith

15
        of such statement from the person, firm, or corporation to whom

16
         such  THE previous statement has been made, either for his OR

17
        HER own use or for the use of the firm or corporation with which

18
        he OR SHE is so connected, a loan or credit in any form, or an

19
        extension of credit, knowing at the time of  such  THE procuring

20
        that  such  THE previously made statement is in any material par-

21
        ticular false with respect to the present financial condition of

22
        himself OR HERSELF or of the firm or corporation with which he OR

23
        SHE is so connected.  ; or

24
             (C)  Third, shall deliver  DELIVERS to any note broker or

25
        other agent for the sale or negotiation of commercial paper, any

26
        statement in writing, knowing  the same  IT to be false,

27
        respecting his OR HER own financial condition or the financial



   04460'01                                  27

 1
        condition of any firm or corporation with which he OR SHE is

 2
        connected as aforesaid, for the purpose of having  such  THE

 3
        statement used in furtherance of the sale, pledge, or negotiation

 4
        of any note, bill, or other instrument for the payment of money

 5
        made or endorsed or accepted or owned in whole or in part by him

 6
        OR HER individually or by the firm or corporation with which he

 7
        OR SHE is so connected.  ; or

 8
             (D)  Fourth, having  HAVING previously delivered or having

 9
        knowledge that another has previously delivered to any note

10
        broker or other agent for the sale or negotiation of commercial

11
        paper a statement in writing respecting his OR HER own financial

12
        condition or the financial condition of any firm or corporation

13
        with which he OR SHE is connected as aforesaid, shall afterwards

14
        deliver to  such  THE note broker or other agent for the purpose

15
        of sale, pledge, or negotiation on faith of  such  THE statement,

16
        any note, bill, or other instrument for the payment of money made

17
        or endorsed or accepted or owned in whole or in part by himself

18
        OR HERSELF individually or by the firm or corporation with which

19
        he OR SHE is so connected, knowing at the time that such previ-

20
        ously delivered statement is in any material particular false as

21
        to the present financial condition of himself OR HERSELF or of

22
        such firm or corporation.

23
             Sec. 220.   Written false statement of property valuation,

24
        etc., to obtain credit--  Any person who  wilfully  WILLFULLY and

25
        knowingly makes any false statement in writing of his or her

26
        property valuation, real or personal, or both, or of his or her

27
        indebtedness, for the purpose of obtaining credit from any



   04460'01                                  28

 1
        person, company, co-partnership, association, or corporation,

 2
         shall be  IS guilty of a misdemeanor  ,  punishable by imprison-

 3
        ment  in the county jail  for not more than 1 year or  by  A fine

 4
        of not more than  500 dollars  $1,000.00.

 5
             Sec. 240.  Any person who  shall knowingly and wilfully

 6
        commit any one  KNOWINGLY AND WILLFULLY COMMITS 1 or more of the

 7
        following actions  shall be  IS guilty of a misdemeanor  and

 8
        punished  PUNISHABLE by imprisonment for not more than 1 year and

 9
         may be fined  A FINE OF not more than  $500.00  $1,000.00:

10
             (a) Raise a false alarm of fire at any gathering or in any

11
        public place.  ;

12
             (b) Ring any bell or operate any mechanical apparatus, elec-

13
        trical apparatus or combination thereof, for the purpose of cre-

14
        ating a false alarm of fire.  ;

15
             (c) Raise a false alarm of fire orally, by telephone or in

16
        person.

17
             Sec. 263.  (1) A person who willfully counterfeits an iden-

18
        tifying mark with intent to deceive or defraud another person or

19
        to represent an item of property or service as bearing or identi-

20
        fied by an authorized identifying mark is guilty of a misdemeanor

21
        punishable by imprisonment for not more than 1 year or a fine of

22
        not more than  $500.00  $1,000.00, or both.

23
             (2) Except as provided in subsection (3), a person who will-

24
        fully delivers, offers to deliver, uses, displays, advertises, or

25
        possesses with intent to deliver any item of property or services

26
        bearing, or identified by a counterfeit mark, is guilty of a

27
        misdemeanor punishable by imprisonment for not more than 1 year



   04460'01                                  29

 1
        or a fine of not more than  $500.00  $1,000.00 or 3 times the

 2
        aggregate value of the violation, whichever is greater, or both

 3
        imprisonment and a fine.

 4
             (3) A person who violates subsection (2) is guilty of a

 5
        felony punishable by imprisonment for not more than 5 years or a

 6
        fine of not more than $50,000.00 or 3 times the aggregate value

 7
        of the violation, whichever is greater, or both imprisonment and

 8
        a fine, if any of the following apply:

 9
             (a) The person has a prior conviction under this section,

10
        section 264 or 265a, or former section 265 or a law of the United

11
        States or another state substantially corresponding to this sec-

12
        tion, section 264 or 265a, or former section 265.

13
             (b) The violation involved more than 100 items of property.

14
             (c) The aggregate value of the violation is more than

15
        $1,000.00.

16
             (4) A person who willfully manufactures or produces an item

17
        of property bearing or identified by a counterfeit mark is guilty

18
        of a felony punishable by imprisonment for not more than 5 years

19
        or a fine of not more than $50,000.00 or 3 times the aggregate

20
        value of the violation, whichever is greater, or both imprison-

21
        ment and a fine.

22
             (5) Willful possession of more than 25 items of property

23
        bearing or identified by a counterfeit mark gives rise to a

24
        rebuttable presumption that the person possessed those items with

25
        intent to deliver them in violation of subsection (2).

26
             (6) Any item of property bearing a counterfeit mark shall be

27
        seized under warrant or incident to a lawful arrest.  An item of



   04460'01                                  30

 1
        property that bears a counterfeit mark is subject to forfeiture

 2
        in the same manner as provided in sections 4701 to 4709 of the

 3
        revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to

 4
        600.4709.  Upon determination that an item of property bears a

 5
        counterfeit mark, the court shall order the item forfeited and

 6
        shall do 1 of the following:

 7
             (a) If the owner of the identifying mark requests, return

 8
        the item to that owner for destruction or another disposition or

 9
        use approved by the court.

10
             (b) In the absence of a request under subdivision (a), order

11
        the seizing law enforcement agency to destroy the item as contra-

12
        band or order an alternative disposition or use with the consent

13
        of the owner of the identifying mark.

14
             (7) As used in this section and section 264:

15
             (a) "Aggregate value of the violation" means the total value

16
        of all items of property or services bearing or identified by a

17
        counterfeit mark and involved in the violation, determined using

18
        the defendant's regular or intended selling price for each item

19
        or service or, if an item of property is intended as a component

20
        of a finished product, the defendant's regular or intended sell-

21
        ing price of the finished product in which the component would be

22
        used.

23
             (b) "Counterfeit mark" means either of the following:

24
             (i) A copy or imitation of an identifying mark without

25
        authorization by the identifying mark's owner.







   04460'01                                  31

 1
             (ii) An identifying mark affixed to an item of property or

 2
        identifying services without authorization by the identifying

 3
        mark's owner.

 4
             (c) "Deliver" means to actually or constructively transfer

 5
        or attempt to transfer an item of property from 1 person to

 6
        another, regardless of whether there is an agency relationship.

 7
             (d) "Identifying mark" means a trademark, service mark,

 8
        trade name, name, label, device, design, symbol, or word, in any

 9
        combination, lawfully adopted or used by a person to identify

10
        items of property manufactured, sold, or licensed by the person

11
        or services performed by the person.

12
             (e) "Person" means an individual, partnership, corporation,

13
        limited liability company, association, union, or other legal

14
        entity.  For purposes of ownership of an identifying mark, person

15
        includes a governmental entity.

16
             Sec. 264.  A person who possesses a counterfeit mark with

17
        intent to use or deliver it, who possesses a die, plate, engrav-

18
        ing, template, pattern, or material with intent to create a coun-

19
        terfeit mark, or who possesses an identifying mark without autho-

20
        rization of the identifying mark's owner and with intent to

21
        create a counterfeit mark is guilty of a misdemeanor punishable

22
        by imprisonment for not more than 1 year or a fine of not more

23
        than  $500.00  $1,000.00, or both.

24
             Sec. 287.   Fraud in sale of articles marked "sterling" or

25
        "sterling silver"--  Any person who knowingly makes or sells, or

26
        offers to sell or dispose of, or has in his OR HER possession

27
        with intent to sell or dispose of, any article of merchandise



   04460'01                                  32

 1
        marked, stamped, or branded with the words "sterling" or

 2
        "sterling silver", or encased or enclosed in any box, package,

 3
        cover, or wrapper, or other thing in or by which the  said  arti-

 4
        cle is packed, enclosed, or otherwise prepared for sale or dispo-

 5
        sition, having  thereon any  ON IT AN engraving or printed label,

 6
        stamp, imprint, mark, or  trade-mark  TRADEMARK, indicating or

 7
        denoting by  such  THE marking, stamping, branding, engraving, or

 8
        printing, that  such  THE article is silver, sterling silver, or

 9
        solid silver, unless 925/1000 of the component parts of the metal

10
        of which the  said  article is manufactured are pure silver,

11
         shall be  IS guilty of a misdemeanor  ,  punishable by imprison-

12
        ment  in the county jail  for not more than 1 year or  by  a fine

13
        of not more than  500 dollars  $1,000.00.

14
             Sec. 288.   Fraud in sale of articles marked "coin" or "coin

15
        silver"--  Any person who knowingly makes or sells, or offers to

16
        sell or dispose of, or has in his OR HER possession with intent

17
        to sell or dispose of, any article of merchandise marked,

18
        stamped, or branded with the words "coin", or "coin silver", or

19
        encased or enclosed in any box, package, cover, or wrapper, or

20
        other thing in or by which the  said  article is packed,

21
         inclosed  ENCLOSED or otherwise prepared for sale or disposi-

22
        tion, having  thereon any  ON IT AN engraving or printed label,

23
        stamp, imprint, mark, or  trade-mark  TRADEMARK, indicating or

24
        denoting by  such  THE marking, stamping, branding, engraving, or

25
        printing, that  such  THE article is coin or coin silver, unless

26
        900/1000 of the component parts of the metal of which the  said

27
        article is manufactured are pure silver,  shall be  IS guilty of



   04460'01                                  33

 1
        a misdemeanor  ,  punishable by imprisonment  in the county jail

 2
        of  FOR not more than 1 year or  by  a fine of not more than
     500

 3
        dollars  $1,000.00.

 4
             Sec. 294.   Fraudulent registration of animals as

 5
        pure-bred--  Any person who  shall  by fraud or misrepresentation

 6
         obtain, or attempt  OBTAINS OR ATTEMPTS to obtain  ,  the regis-

 7
        tration of animals as pure-bred upon the herd books of any of the

 8
        recognized registry associations, when such animals are not enti-

 9
        tled to  such  THAT registration, or who  shall  by fraud or mis-

10
        representation  obtain, or attempt  OBTAINS OR ATTEMPTS to obtain

11
         ,  any false record of the transfer of ownership of  any such

12
        THE registered animals, or who  shall  designedly  make  MAKES

13
        any false statements in reference to the breeding, ownership,

14
        color, markings, or registration of animals or in reference to

15
        any application for the registration or transfer of animals,

16
         shall be  IS guilty of a misdemeanor  ,  punishable by imprison-

17
        ment  in the county jail  for not more than 1 year or  by  a fine

18
        of not more than  500 dollars  $1,000.00.

19
             Sec. 295.   Fraudulent practices in recording milk and

20
        butter fat production of cows--  Any person who  shall connive

21
        at, commit or attempt  CONNIVES AT, COMMITS, OR ATTEMPTS to

22
        commit any fraudulent or dishonest practice in connection with

23
        the making of official or  semi-official  SEMIOFFICIAL records of

24
        milk and butter fat production of cows,  shall be  IS guilty of a

25
        misdemeanor  ,  punishable by imprisonment  in the county jail

26
        for not more than 1 year or  by  a fine of not more than  500

27
        dollars  $1,000.00.



   04460'01                                  34

 1
             Sec. 298.   Practicing medicine under false or assumed

 2
        name--  Any person who  shall practice  PRACTICES medicine or

 3
         advertise  ADVERTISES to practice medicine under a false or

 4
        assumed name, or under a name other than his OR HER own,  shall

 5
        be  IS guilty of a misdemeanor  ,  punishable by imprisonment
     in

 6
        the county jail  FOR not more than 1 year or  by  a fine of not

 7
        more than  500 dollars  $1,000.00.

 8
             Sec. 301.   Accepting money or valuable thing contingent

 9
        upon result of contest or happening of uncertain event--  Any

10
        person or his OR HER agent or  employe  EMPLOYEE who,  shall,

11
        directly or indirectly,  take, receive or accept  TAKES,

12
        RECEIVES, OR ACCEPTS from any person any money or valuable thing

13
        with the agreement, understanding or allegation that any money or

14
        valuable thing will be paid or delivered to any person where

15
         such  THE payment or delivery is alleged to be or will be con-

16
        tingent upon the result of any race, contest, or game or upon the

17
        happening of any event not known by the parties to be certain,

18
         shall be  IS guilty of a misdemeanor  ,  punishable by imprison-

19
        ment  in the county jail  FOR not more than 1 year or  by  a fine

20
        of not more than  500 dollars  $1,000.00.

21
             Sec. 302.  (1)  Keeping and occupying building for gaming,

22
        etc.--  Except as provided in subsection (2), any person, or his

23
        OR HER agent or employee who,  shall,  directly or indirectly,

24
         keep or occupy or assist  KEEPS, OCCUPIES, OR ASSISTS in keeping

25
        or occupying any common gambling house or any building or place

26
        where gaming is permitted or suffered or who  shall suffer or

27
        permit  SUFFERS OR PERMITS on any premises owned, occupied, or



   04460'01                                  35

 1
        controlled by him OR HER any apparatus used for gaming or

 2
        gambling or who shall use such apparatus for gaming or gambling

 3
        in any place within  the  THIS state,  of Michigan, shall be  IS

 4
        guilty of a misdemeanor  ,  punishable by imprisonment  in the

 5
        county jail  FOR not more than 1 year or  by  a fine of not more

 6
        than  $500.00  $1,000.00.

 7
             (2) This section does not prohibit the manufacture of gaming

 8
        or gambling apparatus or the possession of gaming or gambling

 9
        apparatus by the manufacturer of the apparatus solely for sale

10
        outside of  the  THIS state, or for sale to a gambling establish-

11
        ment operating within this state in compliance with the laws of

12
        this state, if applicable, and in compliance with the laws of the

13
        United States, provided the manufacturer meets or exceeds federal

14
        government requirements in regard to manufacture, storage, and

15
        transportation.

16
             Sec. 304.   Selling pools and registering bets--  Any person

17
        or his OR HER agent or  employe,  EMPLOYEE who,  shall,  directly

18
        or indirectly,  keep, maintain, operate or occupy  KEEPS, MAIN-

19
        TAINS, OPERATES, OR OCCUPIES any building or room or any part

20
         thereof  OF A BUILDING OR ROOM or any place with apparatus,

21
        books, or any device for registering bets or buying or selling

22
        pools upon the result of a trial or contest of skill, speed or

23
        endurance or upon the result of a game, competition, political

24
        nomination, appointment, or election or any purported event of

25
        like character or who  shall register  REGISTERS bets or  buy or

26
        sell  BUYS OR SELLS pools, or who  shall be  IS concerned in

27
        buying or selling pools or who  shall  knowingly  permit  PERMITS



   04460'01                                  36

 1
        any grounds or premises, owned, occupied, or controlled by him OR

 2
        HER to be used for any of the purposes aforesaid,  shall be  IS

 3
        guilty of a misdemeanor  ,  punishable by imprisonment  in the

 4
        county jail  FOR not more than 1 year or  by  a fine of not more

 5
        than  500 dollars  $1,000.00.

 6
             Sec. 305.  (1) Any person, or his OR HER agent or employee

 7
         ,  who,  shall,  directly or indirectly, by means of any newspa-

 8
        per, periodical, poster, notice, or other mode of publication or

 9
        reproduction,  write, print, publish, advertise, deliver or dis-

10
        tribute or offer  WRITES, PRINTS, PUBLISHES, ADVERTISES, DELIV-

11
        ERS, OR DISTRIBUTES OR OFFERS to deliver or distribute to the

12
        public or to any part thereof or to any person, any statement or

13
        information concerning the making or laying of wagers or bets or

14
        the selling of pools or evidences of betting odds on any contest

15
        or game or on the happening of any event not known by the parties

16
        to be certain, or any purported event of like character,  shall

17
        be  IS guilty of a misdemeanor punishable by imprisonment  in the

18
        county jail  FOR not more than 1 year or  by  a fine of not more

19
        than  $500.00  $1,000.00.

20
             (2) The acts  herein  prohibited  may be deemed  IN SUBSEC-

21
        TION (1) CONSTITUTE violations  hereof  OF SUBSECTION (1) when

22
        committed before any game, contest, or event.  ; and the  THE

23
        possession of evidence for the publication of any statement or

24
        information concerning the making or laying of wagers or bets or

25
        the selling of pools or betting odds  , shall in the same manner

26
        be deemed  ALSO CONSTITUTES a violation  ,  OF SUBSECTION (1)

27
        when possessed for publication before the act evidenced thereby.



   04460'01                                  37

 1
             Sec. 306.  (1)  Pool tickets, etc., declared nuisance--  All

 2
        policy or pool tickets, slips or checks, memoranda of any

 3
        combination, or other bet, manifold, or other policy or pool

 4
        books or sheets  ,  are hereby declared a common nuisance and the

 5
        possession  thereof  OF 1 OR MORE OF THOSE ITEMS IS a misdemeanor

 6
         ,  punishable by imprisonment  in the county jail  FOR not more

 7
        than 1 year or  by  a fine of not more than  500 dollars

 8
        $1,000.00.

 9
             (2) The possession of  any such  articles LISTED IN SUBSEC-

10
        TION (1), or of any other implements, apparatus, or materials of

11
        any other form of gaming,  shall be  IS prima facie evidence of

12
        their use, by the person having them in possession, in the form

13
        of gaming in which like articles are commonly used.  And such

14
        article found upon the person of one lawfully arrested for viola-

15
        tion of any law relative to lotteries, policy lotteries or

16
        policy, the buying or selling of pools or registering of bets or

17
        other form of gaming  shall be  IS competent evidence upon the

18
        trial of an indictment to which it may be relevant.

19
             Sec. 314.   Winning at gambling--  Any person who by playing

20
        at cards, dice, or any other game, or by betting or putting up

21
        money on cards, or by any other means or device in the nature of

22
        betting on cards, or betting of any kind,  shall win or obtain

23
        WINS OR OBTAINS any sum of money or any goods, or any article of

24
        value whatever,  shall,  IS GUILTY OF A MISDEMEANOR if the money,

25
        goods, or articles so won or obtained  be  ARE of the value of

26
         50 dollars or less, be guilty of a misdemeanor  NOT MORE THAN

27
        $50.00.  If the money, goods, or articles so won or obtained  be



   04460'01                                  38

 1
        ARE of the value of more than  50 dollars such  $50.00, THE

 2
        person  shall be  IS guilty of a misdemeanor  ,  punishable by

 3
        imprisonment  in the county jail  for not more than 1 year  ,  or

 4
         by  a fine of not more than  500 dollars  $1,000.00.

 5
             Sec. 330.   Publishing and selling betting odds on horse

 6
        races--  Any person, firm, or corporation, who by means of any

 7
        newspaper, periodical, poster, notice, or other mode of publica-

 8
        tion or reproduction,  shall publish, or sell  PUBLISHES OR SELLS

 9
        reports of betting odds on horse races wherever conducted  shall

10
        be  IS guilty of a misdemeanor  ,  punishable by imprisonment
     in

11
        the county jail  FOR not more than 1 year or  by  a fine of not

12
        more than  500 dollars  $1,000.00.

13
             This section  shall not be construed as applying  DOES NOT

14
        APPLY to trotting or pacing races permitted to be held in this

15
        state, nor to races conducted at state or county fairs or other

16
        fairs conducted by agricultural societies; nor as prohibiting the

17
        publication of matters pertaining to pedigrees, entries or

18
        results of races excepted by this section, or programs for the

19
        use solely of spectators at races nor to any publication designed

20
        solely for the benefit of breeders or purchasers of stock.

21
             Sec. 331.   Racing defined and punished--  All running,

22
        trotting, or pacing of horses, or any other animals, for any bet

23
        or stakes, in money, goods, or other valuable thing, excepting

24
        such as are by special laws for that purpose expressly allowed,

25
         shall be deemed  CONSTITUTE racing within the meaning of this

26
        section, and are hereby declared to be common and public

27
        nuisances and all parties concerned therein, either as authors,



   04460'01                                  39

 1
        betters, stakers, stake-holders, judges to determine the speed of

 2
        animals, riders, contrivers, or abettors thereof,  shall be  ARE

 3
        guilty of a misdemeanor  ,  punishable by imprisonment  in the

 4
        county jail  FOR not more than 1 year or  by  A fine of not more

 5
        than  500 dollars  $1,000.00.   That  HOWEVER, THIS SECTION DOES

 6
        NOT APPLY TO the giving of premiums by agricultural and other

 7
        societies and associations  ,  for the running and trotting of

 8
        horses at fairs or regularly appointed meetings.  , shall not be

 9
        illegal or unlawful.

10
             Every person who  shall contribute or collect  CONTRIBUTES

11
        OR COLLECTS any money, goods, or things in action, for the pur-

12
        pose of making up a purse, plate, or other valuable thing, to be

13
        raced for by any animal, contrary to law,  shall be  IS guilty of

14
        a misdemeanor.

15
             Sec. 335.  Any man or woman, not being married to each

16
        other, who  shall  lewdly and lasciviously  associate and

17
        cohabit  ASSOCIATES AND COHABITS together, and any man or woman,

18
        married or unmarried, who  shall be  IS guilty of open and gross

19
        lewdness and lascivious behavior,  shall be  IS guilty of a mis-

20
        demeanor  ,  punishable by imprisonment  in the county jail  FOR

21
        not more than 1 year, or  by  A fine of not more than  $500.00

22
        $1,000.00.  No prosecution shall be commenced under this section

23
        after 1 year from the time of committing the offense.

24
             Sec. 335a.  Any person who shall knowingly make any open or

25
        indecent exposure of his or her person or of the person of

26
        another  shall be  IS guilty of a misdemeanor, punishable by

27
        imprisonment  in the county jail  for not more than 1 year, or by



   04460'01                                  40

 1
        a fine of not more than  $500.00  $1,000.00, or if such person

 2
        was at the time of the said offense a sexually delinquent person,

 3
        may be punishable by imprisonment  in the state prison  for an

 4
        indeterminate term, the minimum of which shall be 1 day and the

 5
        maximum of which shall be life:  Provided, That any other provi-

 6
        sion of any other statute notwithstanding, said offense shall be

 7
        triable only in a court of record.

 8
             Sec. 354.  (1)  Unlawful for employers to require employes

 9
        to insure with any particular company --It shall hereafter be

10
        unlawful for any  A person doing business in this state or for

11
        any of the agents of such person  to  SHALL NOT require any of

12
        the  employes  EMPLOYEES of  such  THE person to take out or

13
        obtain a life, accident, or life and accident policy in favor of

14
         such employe  THE EMPLOYEE or other person in any particular or

15
        designated life, accident, or life and accident company or

16
        association.

17
             All contracts hereinafter made between any  such  person and

18
        any  employe  EMPLOYEE of  said  THE person requiring or stipu-

19
        lating that the  employe  EMPLOYEE so contracting shall procure,

20
        obtain, or have a policy of insurance in any particular or desig-

21
        nated company or association  shall be  ARE void.  :  Provided,

22
        That nothing in the foregoing provisions of this section is

23
        intended to prohibit, or shall be construed as prohibiting

24
             (2) SUBSECTION (1) DOES NOT PROSCRIBE the employers of labor

25
        and the persons employed from voluntarily making agreements with

26
        each other for contributions of money by the latter to any fund

27
        to be accumulated in their behalf and for their benefit in common



   04460'01                                  41

 1
        with others, and in such case from further agreeing that the

 2
        employer may deduct from their wages, from time to time, the sums

 3
        due from them under such agreement.

 4
             (3) Any person who  shall violate any of  VIOLATES the pro-

 5
        visions of this section  shall be  IS guilty of a misdemeanor,

 6
        and where such person is a company or corporation, it shall be

 7
        punished by a fine of not more than  200 dollars  $200.00 for

 8
        each and every offense, and any shareholder, officer, or agent of

 9
        any such company or corporation violating the provisions of this

10
        section  ,  shall be punished by imprisonment  in the county

11
        jail  FOR not more than 90 days  ,  or  by  a
    fine of not more

12
        than  100 dollars  $500.00 for each offense.

13
             Sec. 359.   Larceny, etc., from vacant building--  Any

14
        person or persons who shall steal or unlawfully remove or in any

15
        manner damage any fixture, attachment, or other property belong-

16
        ing to, connected with, or used in the construction of any vacant

17
        structure or building, whether built or in the process of con-

18
        struction or who shall break into any vacant structure or build-

19
        ing with the intention of unlawfully removing, taking therefrom,

20
        or in any manner damaging any fixture, attachment, or other prop-

21
        erty belonging to, connected with, or used in the construction of

22
        such vacant structure or building whether built or in the process

23
        of construction,  shall be  IS guilty of a misdemeanor  ,  pun-

24
        ishable by imprisonment  in the county jail  FOR of not more than

25
        1 year or  by  a fine of not more than  500 dollars  $1,000.00.

26
             Sec. 368.  (1) A person or agent of a person shall not by

27
        personal service, mail, or otherwise serve or cause to be served



   04460'01                                  42

 1
        upon a debtor a notice or demand of payment of money on behalf of

 2
        a creditor that is not authorized by a statute or court of this

 3
        state and that simulates in form and substance legal process

 4
        issued out of a court of this state.

 5
             (2) A person shall not prepare, issue, serve, execute, or

 6
        otherwise act to further the operation of any unauthorized

 7
        process.

 8
             (3) Except as provided in subsection (4) or (5), a person

 9
        who violates this section is guilty of a misdemeanor punishable

10
        by imprisonment for not more than 93 days or a fine of not more

11
        than  $100.00  $500.00, or both.

12
             (4) A person who violates subsection (2) after a prior con-

13
        viction for violating this section is guilty of a misdemeanor

14
        punishable by imprisonment for not more than 1 year or a fine of

15
        not more than $1,000.00, or both.

16
             (5) A person who violates subsection (2) after 2 or more

17
        prior convictions for violating this section is guilty of a

18
        felony punishable by imprisonment for not more than 4 years or a

19
        fine of not more than $2,000.00, or both.

20
             (6) This section does not apply to a lien authorized under a

21
        statute of this state.

22
             (7) This section does not prohibit a person from being

23
        charged with, convicted of, or sentenced for any other violation

24
        of law that individual commits while violating this section.

25
             (8) This section does not prohibit individuals from assembl-

26
        ing lawfully or lawful free expression of opinions or designation

27
        of group affiliation or association.



   04460'01                                  43

 1
             (9) As used in this section:

 2
             (a) "Lawful tribunal" means a tribunal created, established,

 3
        authorized, or sanctioned by law or a tribunal of a private

 4
        organization, association, or entity to the extent that the

 5
        organization, association, or entity seeks in a lawful manner to

 6
        affect only the rights or property of persons who are members or

 7
        associates of that organization, association, or entity.

 8
             (b) "Legal process" means a summons, complaint, pleading,

 9
        writ, warrant, injunction, notice, subpoena, lien, order, or

10
        other document issued or entered by or on behalf of a court or

11
        lawful tribunal or lawfully filed with or recorded by a govern-

12
        mental agency that is used as a means of exercising or acquiring

13
        jurisdiction over a person or property, to assert or give notice

14
        of a legal claim against a person or property, or to direct per-

15
        sons to take or refrain from an action.

16
             (c) "Public employee" means an employee of this state, an

17
        employee of a city, village, township, or county of this state,

18
        or an employee of a department, board, agency, institution, com-

19
        mission, authority, division, council, college, university,

20
        court, school district, intermediate school district, special

21
        district, or other public entity of this state or of a city, vil-

22
        lage, township, or county in this state, but does not include a

23
        person whose employment results from election or appointment.

24
             (d) "Public officer" means a person who is elected or

25
        appointed to any of the following:

26
             (i) An office established by the state constitution of

27
        1963.



   04460'01                                  44

 1
             (ii) A public office of a city, village, township, or county

 2
        in this state.

 3
             (iii) A department, board, agency, institution, commission,

 4
        court, authority, division, council, college, university, school

 5
        district, intermediate school district, special district, or

 6
        other public entity of this state or a city, village, township,

 7
        or county in this state.

 8
             (e) "Unauthorized process" means either of the following:

 9
             (i) A document simulating legal process that is prepared or

10
        issued by or on behalf of an entity that purports or represents

11
        itself to be a lawful tribunal or a court, public officer, or

12
        other agency created, established, authorized, or sanctioned by

13
        law but that is not a lawful tribunal or a court, public officer,

14
        or other agency created, established, authorized, or sanctioned

15
        by law.

16
             (ii) A document that would otherwise be legal process except

17
        that it was not issued or entered by or on behalf of a court or

18
        lawful tribunal or lawfully filed with or recorded by a govern-

19
        mental agency as required by law.  However, this subparagraph

20
        does not apply to a document that would otherwise be legal pro-

21
        cess but for 1 or more technical defects, including, but not

22
        limited to, errors involving names, spelling, addresses, or time

23
        of issue or filing or other defects that do not relate to the

24
        substance of the claim or action underlying the document.

25
             Sec. 371.  Any person who  shall be  IS convicted of a

26
        second or subsequent violation of  the provisions of  this

27
        chapter  shall be  IS guilty of a misdemeanor  ,  punishable by



   04460'01                                  45

 1
        imprisonment for not more than 1 year or  by  A fine of not less

 2
        than  50 dollars  $50.00 or more than  500 dollars  $1,000.00.

 3
             Sec. 375.  (1) Except in the case of a lottery or gift

 4
        enterprise conducted pursuant to section 372(2), a person shall

 5
        not advertise, print, or publish any lottery ticket or gift

 6
        enterprise or any share in a lottery ticket for sale either by

 7
        himself or herself or by another person.

 8
             (2) Except in the case of a lottery or gift enterprise con-

 9
        ducted pursuant to section 372(2), a person shall not set up or

10
        exhibit or devise and make for the purpose of being set up and

11
        exhibited any sign, symbol, or any emblematic or other represen-

12
        tation of a lottery or gift enterprise or of its drawing in any

13
        way indicating where a lottery ticket or a share in a lottery

14
        ticket or any such writing, certificate, bill, goods, merchandise

15
        or chattels, token, or other device may be purchased or obtained

16
        and shall not in any way invite or entice, or attempt to entice,

17
        any other person to purchase or receive the lottery ticket or a

18
        share in a lottery ticket.

19
             (3) A person violating this section is guilty of a misde-

20
        meanor punishable by imprisonment for not more than 90 days or a

21
        fine of not more than  $100.00  $500.00, or both.

22
             Sec. 389.   False or malicious statements regarding frater-

23
        nal beneficiary societies, insurance companies, etc.--  Any

24
        person who shall make, utter, circulate, or transmit to another

25
        or others  ,  any untrue, false, or malicious statement  ,  as to

26
        the financial condition of any fraternal beneficiary society,

27
        insurance company, reciprocal exchange, or other insurer doing



   04460'01                                  46

 1
        business in this state, and shall thereby injure any such

 2
        fraternal beneficiary society, insurance company, reciprocal

 3
        exchange, or other insurer, or who shall counsel, aid, procure,

 4
        or induce another to originate, make, utter, transmit, or circu-

 5
        late any such statement with like purpose  shall be  IS guilty of

 6
        a misdemeanor  ,  punishable by imprisonment  in the county jail

 7
        FOR not more than 1 year or  by  a fine of not more than  500

 8
        dollars  $1,000.00.

 9
             Sec. 393.   Wilfully removing or destroying buoy or

10
        beacon--  Any person who shall  wilfully  WILLFULLY remove or

11
        destroy any buoy or beacon placed in any of the waters of the

12
        state, by the authority of the United States,  shall be  IS

13
        guilty of a misdemeanor  ,  punishable by imprisonment  in the

14
        county jail  FOR not more than 1 year or  by  a fine of not more

15
        than  500 dollars  $1,000.00.

16
             Sec. 404.   Desertion after having been sworn into

17
        service--  Any person who  shall have  HAS enlisted into the

18
        service of the United States, or of this state, and who  shall

19
        have been  WAS sworn into such service, or who  shall offer

20
        OFFERS himself OR HERSELF as a substitute for a citizen of this

21
        state  ,  duly drafted into the service of the United States or

22
        of this state and  shall,  after  having been  BEING duly sworn

23
        into such service,  desert  DESERTS the same,  shall be  IS

24
        guilty of a misdemeanor  ,  punishable by imprisonment  in the

25
        county jail  FOR not more than 1 year or  by  a fine of not more

26
        than  500 dollars  $1,000.00.





   04460'01                                  47

 1
             Sec. 407.   Resisting and inciting resistance to military

 2
        draft--  Any person who, during any war, rebellion, or

 3
        insurrection against the United States, or against this state,

 4
        shall forcibly resist any military draft ordered by the authority

 5
        of the United States, or of this state, or shall incite,

 6
        encourage, or command any other person or persons so to resist

 7
        such draft, or shall unlawfully and  wilfully  WILLFULLY dis-

 8
        suade, discourage, or endeavor to hinder any other person or per-

 9
        sons from volunteering, enlisting, or mustering into the military

10
        service of the United States, or of this state, or shall forcibly

11
        resist, or attempt to resist, such volunteering, enlisting, or

12
        mustering into such service,  shall be  IS guilty of a misde-

13
        meanor  ,  punishable by imprisonment  in the county jail  for

14
        not more than 1 year or  by  a fine of not more than  500

15
        dollars  $1,000.00.

16
             Sec. 408.   Concealing or harboring deserters--  Any person

17
        who shall conceal or harbor any soldier or volunteer enlisted in

18
        the service of the United States, or of this state, knowing him

19
        OR HER to have deserted, and with intent to aid him OR HER in

20
        such desertion, or shall refuse to deliver him OR HER up to the

21
        orders of his OR HER commanding officer,  shall be  IS guilty of

22
        a misdemeanor  ,  punishable by imprisonment  in the county jail

23
        FOR not more than 1 year or  by  a fine of not more than  500

24
        dollars  $1,000.00.

25
             Sec. 410.  (1) A person, firm, copartnership, association,

26
        or organization of any kind, either incorporated or

27
        unincorporated, or any of the officers, agents, servants,



   04460'01                                  48

 1
        employees, or members of any such person, firm, copartnership,

 2
        association, or organization of any kind, either incorporated or

 3
        unincorporated, or of any division, bureau, or committee of that

 4
        association or organization, either incorporated or unincorpor-

 5
        ated, who shall directly or indirectly, individually or by agent,

 6
        servant, employee, or member, solicit a person injured as the

 7
        result of an accident, his OR HER administrator, executor, heirs,

 8
        or assigns, his OR HER guardian, or members of the family of the

 9
        injured person, for the purpose of representing that person in

10
        making a claim for damages or prosecuting an action or causes of

11
        action arising out of a personal injury claim against any other

12
        person, firm, or corporation, or to employ counsel for the pur-

13
        pose of that solicitation, is guilty of a misdemeanor, and shall

14
        upon conviction thereof, if a natural person, be punished by a

15
        fine not to exceed  $500.00,  $750.00 or by imprisonment for  a

16
        term not to exceed  NOT MORE THAN 6 months, or both.  The same

17
        penalties  shall  apply upon conviction to a member of a copart-

18
        nership, or an officer or agent of a corporation, association, or

19
        other organization, or an officer or agent, who shall consent to,

20
        participate in, or aid or abet a violation of this section upon

21
        the part of the copartnership of which he OR SHE is a member, or

22
        of the corporation, association, or organization of which he OR

23
        SHE is such an officer or agent.  A contract entered into as a

24
        result of such a solicitation is void.  This subsection  shall

25
        DOES not  affect  APPLY TO an unsolicited contract entered into

26
        by a person, firm, or corporation with an attorney duly admitted

27
        to practice law in this state.



   04460'01                                  49

 1
             (2) Except as otherwise provided by law, administrative

 2
        rule, or valid legal process, any person, firm or corporation

 3
        who, for any consideration and without the prior written permis-

 4
        sion of a patient or his OR HER personal representative, fur-

 5
        nishes, receives, buys, offers to buy, sells, or offers to sell,

 6
        directly or indirectly, the identity of the patient or any infor-

 7
        mation concerning the treatment of the patient, including, but

 8
        not limited to, information contained in the files or records of

 9
        a health care facility, health care provider, or insurance com-

10
        pany, is guilty of a misdemeanor punishable by imprisonment for

11
        not more than 6 months or  by  a fine of not more than  $500.00

12
        $750.00, or both.

13
             Sec. 411a.  (1) Except as provided in subsection (2), a

14
        person who intentionally makes a false report of the commission

15
        of a crime to a member of the Michigan state police, a sheriff or

16
        deputy sheriff, a police officer of a city or village, or any

17
        other peace officer of this state knowing the report is false is

18
        guilty of a crime as follows:

19
             (a) If the report is a false report of a misdemeanor, the

20
        person is guilty of a misdemeanor punishable by imprisonment for

21
        not more than 93 days or a fine of not more than  $100.00

22
        $500.00, or both.

23
             (b) If the report is a false report of a felony, the person

24
        is guilty of a felony punishable by imprisonment for not more

25
        than 4 years or a fine of not more than $2,000.00, or both.

26
             (2) A person shall not do either of the following:





   04460'01                                  50

 1
             (a) Knowingly make a false report of a violation or

 2
        attempted violation of chapter XXXIII or section 327 or 328 and

 3
        communicate the false report to any other person.

 4
             (b) Threaten to violate chapter XXXIII or section 327 or 328

 5
        and communicate the threat to any other person.

 6
             (3) A person who violates subsection (2) is guilty of a

 7
        felony punishable as follows:

 8
             (a) For a first conviction under subsection (2), by impris-

 9
        onment for not more than 4 years or a fine of not more than

10
        $2,000.00, or both.

11
             (b) For a second or subsequent conviction under subsection

12
        (2), imprisonment for not more than 10 years or a fine of not

13
        more than $5,000.00, or both.

14
             (4) The court may order a person convicted under subsection

15
        (2) to pay to the state or a local unit of government the costs

16
        of responding to the false report including, but not limited to,

17
        use of police or fire emergency response vehicles and teams.

18
             (5) If the person ordered to pay costs under subsection (4)

19
        is a juvenile under the jurisdiction of the family division of

20
        the circuit court under chapter 10 of the revised judicature act

21
        of 1961, 1961 PA 236, MCL 600.1001 to 600.1043, all of the fol-

22
        lowing apply:

23
             (a) If the court determines that the juvenile is or will be

24
        unable to pay all of the costs ordered, after notice to the

25
        juvenile's parent or parents and an opportunity for the parent or

26
        parents to be heard, the court may order the parent or parents

27
        having supervisory responsibility for the juvenile, at the time



   04460'01                                  51

 1
        of the acts upon which the order is based, to pay any portion of

 2
        the costs ordered that is outstanding.  An order under this sub-

 3
        section does not relieve the juvenile of his or her obligation to

 4
        pay the costs as ordered, but the amount owed by the juvenile

 5
        shall be offset by any amount paid by his or her parent.  As used

 6
        in this subsection, "parent" does not include a foster parent.

 7
             (b) If the court orders a parent to pay costs under subdivi-

 8
        sion (a), the court shall take into account the financial

 9
        resources of the parent and the burden that the payment of the

10
        costs will impose, with due regard to any other moral or legal

11
        financial obligations that the parent may have.  If a parent is

12
        required to pay the costs under subdivision (a), the court shall

13
        provide for payment to be made in specified installments and

14
        within a specified period of time.

15
             (c) A parent who has been ordered to pay the costs under

16
        subdivision (a) may petition the court for a modification of the

17
        amount of the costs owed by the parent or for a cancellation of

18
        any unpaid portion of the parent's obligation.  The court shall

19
        cancel all or part of the parent's obligation due if the court

20
        determines that payment of the amount due will impose a manifest

21
        hardship on the parent.

22
             (6) As used in this section:

23
             (a) "Local unit of government" means:

24
             (i) A city, village, township, or county.

25
             (ii) A local or intermediate school district.

26
             (iii) A public school academy.





   04460'01                                  52

 1
             (iv) A community college.

 2
             (b) "State" includes a state institution of higher

 3
        education.

 4
             Sec. 411d.  A person who, with the intent not to use the

 5
        assistance, knowingly causes or makes a request for the assist-

 6
        ance of an ambulance service or an advanced mobile emergency care

 7
        service is guilty of a misdemeanor  ,  punishable by imprisonment

 8
        for not more than 1 year  ,  or a fine of not more than  $500.00

 9
        $1,000.00, or both.

10
             Sec. 414.   Use of motor vehicle without authority but with-

11
        out intent to steal--  Any person who takes or uses without

12
        authority any motor vehicle without intent to steal the same, or

13
        who  shall be  IS a party to such unauthorized taking or using,

14
         shall upon conviction thereof be  IS guilty of a misdemeanor  ,

15
        punishable by imprisonment  in the state prison  for not more

16
        than 2 years or  by  a fine  or [of]  OF not more than 
    1,000

17
        dollars:  Provided, That  $1,500.00.  HOWEVER, in case of A first

18
        offense, the court may  in its discretion  reduce the punishment

19
        to imprisonment  in the county jail  for  a term of  not more

20
        than 3 months or a fine of not more than  100 dollars:  Provided

21
        further, That the provisions of  $500.00.  HOWEVER, this section

22
         shall be construed to  DOES NOT apply to any person or persons

23
        employed by the owner of said motor vehicle or  any one  ANYONE

24
        else, who, by the nature of his OR HER employment,  shall have

25
        HAS the charge of or the authority to drive said motor vehicle if

26
        said motor vehicle is driven or used without the owner's

27
        knowledge or consent.



   04460'01                                  53

 1
             Sec. 428.   Splitting fees--  Any physician or surgeon who

 2
        shall divide fees with or shall promise to pay a part of his OR

 3
        HER fee to or pay a commission to any other physician or surgeon

 4
        or person who calls him OR HER in consultation or sends patients

 5
        to him OR HER for treatment or operation, and any physician or

 6
        surgeon who shall receive any money prohibited by this section,

 7
         shall be  IS guilty of a misdemeanor  ,  punishable by imprison-

 8
        ment  in the county jail  FOR not more than 6 months or  by  a

 9
        fine of not more than  250 dollars  $750.00.

10
              In case  IF a physician or surgeon  shall be  IS convicted

11
        of violating  any of the provisions of  this section, the board

12
        of registration in medicine, upon a first conviction, may and

13
        upon a subsequent conviction shall, revoke the license of the

14
        person so convicted.

15
             Sec. 429.   Employing solicitors, cappers or drummers--  Any

16
        physician or surgeon engaged in the practice of medicine in this

17
        state  ,  who shall employ any solicitor, capper, or drummer for

18
        the purpose of procuring patients, or who shall subsidize any

19
        hotel or boarding house, or who shall pay or present to any

20
        person money or other valuable gift for bringing patients to him

21
        OR HER,  shall be  IS guilty of a misdemeanor  ,  punishable by

22
        imprisonment  in the county jail  for not more than 6 months or

23
         by  a fine of not more than  250 dollars  $750.00.

24
             Sec. 430.   Prescribing medicine, etc., while intoxicated--

25
        Any physician or other person who, while in a state of intoxica-

26
        tion,  shall prescribe any  PRESCRIBES A poison, drug, or

27
        medicine to another person  , shall be  IS guilty of a



   04460'01                                  54

 1
        misdemeanor  ,  punishable by imprisonment  in the county jail

 2
        FOR not more than 1 year or  by  a fine of not more than  500

 3
        dollars  $1,000.00.

 4
             Sec. 454.   Leasing house knowing it is to be used for pur-

 5
        poses of prostitution, etc.--  Any person who shall let any

 6
        dwelling house, knowing that the lessee intends to use it as a

 7
        house of ill-fame or place of resort for the purpose of prostitu-

 8
        tion and lewdness, or for the purpose of gambling for money or

 9
        other property, or who shall knowingly permit such lessee to use

10
        the same for such purpose, or who shall receive any rent for any

11
        dwelling, house, room, or apartment which is used as a house of

12
        ill-fame or place of resort for prostitutes, or for the purpose

13
        of prostitution and lewdness, or for the purpose of gambling for

14
        money or other property, having reasonable cause to believe such

15
        house, room, or apartment is used for any such purpose,  shall

16
        be  IS guilty of a misdemeanor  ,  punishable by imprisonment
     in

17
        the county jail  FOR not more than 6 months or  by  A fine of not

18
        more than  250 dollars:  Provided, That  $750.00.  HOWEVER, no

19
        person shall be liable for receiving rent as aforesaid for any

20
        period prior to the time when he  shall have  OR SHE HAS reason-

21
        able cause to believe that such house, room, or apartment is used

22
        for any such purpose.

23
             Sec. 466.   Selling diseased or unwholesome provisions with-

24
        out notice--  Any person who shall knowingly sell any kind of

25
        diseased, corrupted, or unwholesome provisions, whether for meat

26
        or drink, without making the same fully known to the buyer  ,

27
        shall be  IS guilty of a misdemeanor  ,  punishable by



   04460'01                                  55

 1
        imprisonment  in the county jail  FOR not more than 1 year or

 2
         by  a fine of not more than  500 dollars  $1,000.00.

 3
             Sec. 478.   Wilful neglect of duty--  When any duty is or

 4
        shall be enjoined by law upon any public officer, or upon any

 5
        person holding any public trust or employment, every  wilful

 6
        WILLFUL neglect to perform such duty, where no special provision

 7
        shall have been made for the punishment of such delinquency,

 8
         shall be deemed  CONSTITUTES a misdemeanor  ,  punishable by

 9
        imprisonment  in the county jail  for not more than 1 year or

10
         by  a fine of not more than  500 dollars  $1,000.00.

11
             Sec. 482.   Neglecting or refusing to pay over moneys

12
        collected--  Any officer who shall collect or receive any moneys

13
        on account of any fine, penalty, forfeiture, or recognizance, and

14
        shall neglect or refuse to pay over the same according to law, or

15
        shall appropriate or dispose of the same to his OR HER own use,

16
        or in any manner not authorized by law,  shall be  IS guilty of a

17
        misdemeanor  ,  punishable by imprisonment  in the county jail

18
        FOR not more than 1 year or  by  a fine of not more than  500

19
        dollars  $1,000.00.

20
             Sec. 490a.   No  AN officer or employee of any governmental

21
        agency  as defined in this section  shall NOT purchase or cause

22
        to be purchased any goods, wares, or merchandise of any descrip-

23
        tion  whatsoever  in the name of or on the credit of  such  THE

24
        governmental agency for any other purpose than for use or resale

25
        in the regular course of the official business of  such  THE gov-

26
        ernmental agency; or sell or offer for sale goods, wares, or

27
        merchandise purchased in the name of or on the credit of  such



   04460'01                                  56

 1
        THE governmental agency, at any price other than the price at

 2
        which such goods are offered generally to the public by  such

 3
        THE governmental agency.

 4
              For purposes of  AS USED IN this section, "governmental

 5
        agency"  shall be defined to mean  MEANS any and all branches or

 6
        departments of the state government; any and all branches or

 7
        departments of the government of any county, city, village,

 8
        school district, township, or other municipal corporation in this

 9
        state; and any commission, board, or other similar body organized

10
        to assist in the conduct of the governmental or proprietary func-

11
        tions of state or local government.

12
             Any person who  shall violate any of the provisions of

13
        VIOLATES this section  , shall be  IS guilty of a misdemeanor  ,

14
        punishable by imprisonment  in the county jail  FOR not more than

15
        90 days or  by  a fine of not more than  $100.00  $500.00, or

16
         by  both.  such fine and imprisonment in the discretion of the

17
        court.

18
             Sec. 492.  Any officer having the custody of any county,

19
        city, or township records in this state who shall when requested

20
        fail or neglect to furnish proper and reasonable facilities for

21
        the inspection and examination of the records and files in his OR

22
        HER office and for making memoranda of transcripts therefrom

23
        during the usual business hours, which shall not be less than 4

24
        hours per day, to any person having occasion to make examination

25
        of them for any lawful purpose  shall be  IS guilty of a misde-

26
        meanor  ,  punishable by imprisonment  in the county jail  FOR

27
        not more than 1 year  ,  or  by  a fine of not more than



   04460'01                                  57

 1
         $500.00  $1,000.00.  The custodian of said records and files may

 2
        make such reasonable rules with reference to the inspection and

 3
        examination of them as shall be necessary for the protection of

 4
        said records and files  ,  and to prevent interference with the

 5
        regular discharge of the duties of such officer.  The officer

 6
        shall prohibit the use of pen and ink in making copies or notes

 7
        of records and files in his OR HER office.  No books, records,

 8
        and files shall be removed from the office of the custodian

 9
        thereof, except by the order of the judge of any court of compe-

10
        tent jurisdiction, or in response to a subpoena duces tecum

11
        issued therefrom, or for audit purposes conducted pursuant to

12
         Act No. 71 of the Public Acts of 1919, as amended, being sec-

13
        tions 21.41 to 21.53 of the Compiled Laws of 1948, Act No. 52 of

14
        the Public Acts of 1929, being sections 14.141 to 14.145 of the

15
        Compiled Laws of 1948 or Act No. 2 of the Public Acts of 1968,

16
        being sections 141.421 to 141.433 of the Compiled Laws of 1948

17
        1919 PA 71, MCL 21.41 TO 21.55, 1929 PA 52, MCL 14.141 TO 14.145,

18
        OR 1968 PA 2, MCL 141.421 TO 141.440A, with the permission of the

19
        official having custody of the records if the official is given a

20
        receipt listing the records being removed.

21
             Sec. 502b.  A person who knowingly sells or attempts to sell

22
        to any person in this state, for use in atmospheric pressure

23
        wick-feed illuminating apparatus or atmospheric pressure

24
        wick-feed heating stoves or in gravity-feed cook stoves, any ker-

25
        osene, whether manufactured in this state or not, that has a

26
        flash point of less than 100 degrees Fahrenheit as determined by

27
        an appropriate closed cup tester method specified in the American



   04460'01                                  58

 1
        standards of testing materials standard for kerosene, is guilty

 2
        of a misdemeanor  ,  punishable by imprisonment for not more than

 3
        6 months or  by  a fine of not more than  $300.00  $750.00, or

 4
        both.

 5
             Sec. 508.  (1) Any person who shall equip a vehicle with a

 6
        radio receiving set that will receive signals sent on frequencies

 7
        assigned by the federal communications commission of the United

 8
        States of America for police purposes, or use the same in this

 9
        state unless  such  THE vehicle is used or owned by a peace offi-

10
        cer, or a bona fide amateur radio operator holding a technician

11
        class, general, advanced, or extra class amateur license issued

12
        by the federal communications commission, without first securing

13
        a permit so to do from the director of the department of state

14
        police upon application as he or she may prescribe,  shall be  IS

15
        guilty of a misdemeanor  ,  punishable by imprisonment  in the

16
        county jail  for not more than 1 year  ,  or  by
     a fine of not

17
        more than  $500.00  $1,000.00, or  by  both.  fine and
    imprison-

18
        ment in the discretion of the court.

19
             (2) This section  shall not be construed as restricting

20
        DOES NOT APPLY TO the use of radar detectors.

21
             Sec. 509.   False reports to police radio broadcasting

22
        station--  Any person who shall  wilfully  WILLFULLY make to any

23
        radio broadcasting station operated by any law enforcement agency

24
         ,  any false, misleading, or unfounded report, for the purpose

25
        of interfering with the operation thereof, or with the intention

26
        of misleading any peace officer or officers of this state,  shall

27
        be  IS guilty of a misdemeanor  ,  punishable by imprisonment
     in



   04460'01                                  59

 1
        the county jail  FOR not more than 1 year or  by  a fine of not

 2
        more than  $500.00  $1,000.00.

 3
             Sec. 519.   Disciplining or discharging railroad employe

 4
        upon report of railroad detective--It shall be unlawful for any

 5
        A common carrier by railroad, its agents, superintendents, manag-

 6
        ers, or  employes  EMPLOYEES owning or operating any line or

 7
        lines of railroad in this state and engaged in commerce by rail-

 8
        road, employing any special agent, detective, or person commonly

 9
        known as a spotter for the purpose of investigation and obtaining

10
        and reporting to the employer, its agents, superintendents, or

11
        managers information concerning its  employes to  EMPLOYEES SHALL

12
        NOT discipline or discharge any of its  employes where such

13
        EMPLOYEES IF THE act of discipline or discharge is based upon the

14
        report of such special agent, detective, or spotter, which

15
        involves a question of integrity, honesty, or breach of any rule

16
        of the employer, unless such employer, its agents,

17
        superintendents, or managers  shall  first give notice to such

18
         employe  EMPLOYEE so reported and grant a hearing to  him  THE

19
        EMPLOYEE when he OR SHE so requests and, upon demand by said

20
         employe  EMPLOYEE, the employer at  such  THE hearing shall

21
        state the specific charges against  said employe  THE EMPLOYEE,

22
        and the accused  employe  EMPLOYEE shall have the right to demand

23
        and be confronted with the person making such report to his OR

24
        HER employer,  and to  have the right at  such  THE hearing to

25
        cross-examine the agent, detective, or spotter making  such  THE

26
        report, and  shall  have the right to employ counsel to represent

27
        him OR HER at  such  THE hearing.



   04460'01                                  60

 1
             Any common carrier by railroad or any of its agents,

 2
        superintendents, general managers, officers, or  employes violat-

 3
        ing any of the provisions of  EMPLOYEES THAT VIOLATE this section

 4
         shall be  ARE guilty of a misdemeanor  ,  punishable by impris-

 5
        onment  in the county jail  for not more than 6 months  ,  or

 6
         by  a fine of not more than  250 dollars  $750.00.  In any case

 7
        of the violation of this section by any of the officers, agents,

 8
        or  employes  EMPLOYEES of any such common carrier by railroad,

 9
        the imprisonment provided herein if imposed shall be imposed upon

10
         such  THE officers or agents committing  such  THE offense.

11
             Sec. 524.  Any mayor, alderman, supervisor, president,

12
        trustee or member of a common council, sheriff, or deputy sher-

13
        iff, having notice of any such riotous or tumultuous and unlawful

14
        assembly as is mentioned in this chapter, in the township, city,

15
        or village in which he or she lives, who shall neglect or refuse

16
        immediately to proceed to the place of such assembly, or as near

17
        as he or she can with safety, or shall omit or neglect to exer-

18
        cise the authority with which he or she is invested by this chap-

19
        ter, for suppressing such riotous or unlawful assembly, and for

20
        arresting and securing the offenders,  shall be  IS guilty of a

21
        misdemeanor  ,  punishable by imprisonment for not more than 6

22
        months or a fine of not more than  $250.00  $750.00.

23
             Sec. 537.   No  A person working in any copper or silver

24
        mine of this state, or any person in behalf of such person, shall

25
        NOT sell, barter, transfer, or ship any copper or silver ore,

26
        bullion, pig, or copper or silver in the raw or unmanufactured

27
        state, and  no person  shall NOT be a party to any barter,



   04460'01                                  61

 1
        transfer, or sale, or aid or assist therein, unless a memorandum

 2
        be filed with the county clerk of the county where  such  THE

 3
        barter, transfer, or sale shall take place, giving the names of

 4
        the parties making such barter, transfer, sale, or shipment, the

 5
        dates, consideration, and the origin of the copper or silver so

 6
        bartered, transferred, sold, or shipped, and in all cases where

 7
        the origin of said copper or silver is not known to the parties,

 8
        no barter, transfer, sale, or shipment shall be made without a

 9
        certificate being attached to such memorandum of sale duly signed

10
        by the county clerk or by a constable or deputy sheriff, judge,

11
        stating in substance that he or she has investigated the source

12
        or origin of the copper or silver so to be bartered, transferred,

13
        sold, or shipped and that in his or her opinion the articles have

14
        not been stolen, and that the parties thereto have a right to

15
        transfer or sell the  same  ARTICLES.  This section  shall  DOES

16
        not apply to any person authorized to act in behalf of a person,

17
        firm, or corporation engaged in the business of mining copper or

18
        silver as owner.  Any person violating the provisions of this

19
        section  shall be  IS guilty of a misdemeanor  ,  punishable by

20
        imprisonment  in the county jail  FOR not more than 1 year or

21
         by  a fine of not more than  $500.00  $1,000.00.

22
             Sec. 538.  (1) Any sales, transfers, or shipments of copper

23
        or silver ore, bullion, pig, or copper or silver in the raw or

24
        unmanufactured state in any county of this state where copper and

25
        silver are mined, by any person not engaged in the business of

26
        mining or producing copper or silver ore, bullion, pig, or copper

27
        or silver in the unmanufactured state, shall be unlawful unless



   04460'01                                  62

 1
        and until a memorandum thereof shall be filed with the county

 2
        clerk of the county where such sale or transfer shall take place,

 3
        giving the names of the parties, the dates, consideration, and

 4
        origin of the copper or silver so sold, transferred, or shipped

 5
        or offered for sale, transfer, or shipping; and in all cases

 6
        where the origin of the copper or silver is not known, no sale,

 7
        transfer, or shipment shall be made without a certificate being

 8
        attached to such memorandum of sale duly signed by the county

 9
        clerk, constable, or deputy sheriff, stating in substance that he

10
        or she has investigated the source or origin of the copper or

11
        silver offered for sale, transfer, or shipment, and that in his

12
        or her opinion the articles have not been stolen, and that the

13
        parties thereto have a right to sell, transfer, and ship the

14
        same.

15
             (2) Any person violating  the provisions of  this section

16
         shall be  IS guilty of a misdemeanor  ,  punishable by imprison-

17
        ment  in the county jail  FOR not more than 1 year or  by  a fine

18
        of not more than  $500.00  $1,000.00.

19
             Sec. 540e.  (1) Any person is guilty of a misdemeanor who

20
        maliciously uses any service provided by a communications common

21
        carrier with intent to terrorize, frighten, intimidate, threaten,

22
        harass, molest, or annoy any other person, or to disturb the

23
        peace and quiet of any other person by any of the following:

24
             (a) Threatening physical harm or damage to any person or

25
        property in the course of a telephone conversation.

26
             (b) Falsely and deliberately reporting by telephone or

27
        telegraph message that any person has been injured, has suddenly



   04460'01                                  63

 1
        taken ill, has suffered death, or has been the victim of a crime,

 2
        or of an accident.

 3
             (c) Deliberately refusing or failing to disengage a connec-

 4
        tion between a telephone and another telephone or between a tele-

 5
        phone and other equipment provided for the transmission of mes-

 6
        sages by telephone, thereby interfering with any communications

 7
        service.

 8
             (d) Using any vulgar, indecent, obscene, or offensive lan-

 9
        guage or suggesting any lewd or lascivious act in the course of a

10
        telephone conversation.

11
             (e) Repeatedly initiating a telephone call and, without

12
        speaking, deliberately hanging up or breaking the telephone con-

13
        nection as or after the telephone call is answered.

14
             (f) Making an unsolicited commercial telephone call which is

15
        received between the hours of 9 p.m. and 9 a.m.  For the purpose

16
        of this subdivision, "an unsolicited commercial telephone call"

17
        means a call made by a person or recording device, on behalf of a

18
        person, corporation, or other entity, soliciting business or

19
        contributions.

20
             (g) Deliberately calling a telephone of another person in a

21
        repetitive manner which causes interruption in telephone service

22
        or prevents the person from utilizing his or her telephone

23
        service.

24
             (2) Any person violating this section may be imprisoned for

25
        not more than 6 months  ,  or fined not more than  $500.00

26
        $750.00, or both.  An offense is committed under this section if

27
        the communication either originates or terminates or both



   04460'01                                  64

 1
        originates and terminates in this state and may be prosecuted at

 2
        the place of origination or termination.

 3
             Sec. 540f.  (1) Except as provided in subsection (2), a

 4
        person who knowingly or intentionally publishes a telecommunica-

 5
        tions access device or counterfeit telecommunications access

 6
        device with the intent that it be used or knowing or having

 7
        reason to know that it will be used or is likely to be used to

 8
        violate section 219a is guilty of a misdemeanor punishable by

 9
        imprisonment for not more than 93 days or a fine of not more than

10
         $100.00  $500.00, or both.

11
             (2) A person who violates subsection (1) and has a previous

12
        conviction for a violation of section 219a or 540c or former sec-

13
        tion 219c is guilty of a felony punishable by imprisonment for

14
        not more than 5 years or a fine of not more than $5,000.00, or

15
        both.

16
             (3) If the prosecuting attorney intends to seek an enhanced

17
        sentence based upon the defendant having a prior conviction, the

18
        prosecuting attorney shall include on the complaint and informa-

19
        tion a statement listing that prior conviction.  The existence of

20
        the defendant's prior conviction shall be determined by the

21
        court, without a jury, at sentencing.  The existence of a prior

22
        conviction may be established by any evidence relevant for that

23
        purpose, including, but not limited to, 1 or more of the

24
        following:

25
             (a) A copy of the judgment of conviction.

26
             (b) A transcript of a prior trial, plea-taking, or

27
        sentencing.



   04460'01                                  65

 1
             (c) Information contained in a presentence report.

 2
             (d) The defendant's statement.

 3
             (4) As used in this section:

 4
             (a) "Counterfeit telecommunications access device" means a

 5
        telecommunications access device that is false, fraudulent,

 6
        unlawful, not issued to a legitimate telecommunications access

 7
        device subscriber account, or otherwise invalid or that is

 8
        expired, suspended, revoked, canceled, or otherwise terminated if

 9
        notice of the expiration, suspension, revocation, cancellation,

10
        or termination has been sent to the telecommunications access

11
        device subscriber.

12
             (b) "Publish" means to communicate information or make

13
        information available to 1 or more persons orally, in writing, or

14
        by means of any telecommunications.  Publish includes but is not

15
        limited to communicating information on a computer bulletin board

16
        or similar system.

17
             (c) "Telecommunications access device" means an instrument,

18
        device, card, plate, code, telephone number, account number, per-

19
        sonal identification number, electronic serial number, mobile

20
        identification number, counterfeit number, or financial transac-

21
        tion device as defined in section 157m that alone or with another

22
        telecommunications access device can acquire, intercept, provide,

23
        receive, use, or otherwise facilitate the use of a telecommunica-

24
        tions device, counterfeit telecommunications device, or telecom-

25
        munications service.

26
             Sec. 561.   False weights and measures--  Any person who

27
        shall offer or expose for sale, sell, or use or retain in his OR



   04460'01                                  66

 1
        HER possession  ,  a false weight or measure or weighing or

 2
        measuring device or any weight or measure or weighing or measur-

 3
        ing device in the buying or selling of any commodity or thing or

 4
        for hire or reward; or who shall dispose of any condemned weight,

 5
        measure or weighing or measuring device contrary to law or remove

 6
        any tags placed thereon by the sealer of weights and measures; or

 7
        any person who shall sell or offer or expose for sale less than

 8
        the quantity he OR SHE represents, or sell or offer or expose for

 9
        sale any such commodity in any manner contrary to law, or any

10
        person who shall sell or offer for sale or have in his OR HER

11
        possession for the purpose of selling any device or instrument to

12
        be used to, or calculated to, falsify any weight or measure,

13
         shall be  IS guilty of a misdemeanor.  Upon a second or subse-

14
        quent conviction, he OR SHE shall be guilty of a misdemeanor  ,

15
        punishable by imprisonment  in the county jail  FOR not more than

16
        1 year or  by  a fine of not less than  100 dollars  $100.00 or

17
        more than  500 dollars  $1,000.00.























   04460'01          Final page.                            TLG