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The michigan penal code
Act 328 of 1931
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AN ACT to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1991, Act 56, Eff. Jan. 1, 1992 ;-- Am. 2005, Act 105, Eff. Dec. 1, 2005
Constitutionality: Michigan's anti-stalking law is not an unconstitutionally vague threat to freedom of speech. Staley v Jones, 239 F3d 769 (CA 6, 2001).
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750.1 Michigan penal code; short title.
Sec. 1.
Short title—This act shall be known and may be cited as “The Michigan Penal Code”.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.1
Compiler's Notes: The catchlines following the act section numbers were incorporated as part of the act as enacted.
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750.2 Rule of construction.
Sec. 2.
Rule of construction—The rule that a penal statute is to be strictly construed shall not apply to this act or any of the provisions thereof. All provisions of this act shall be construed according to the fair import of their terms, to promote justice and to effect the objects of the law.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.2
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750.3 Civil rights or remedies not affected.
Sec. 3.
Civil rights or remedies not affected—The provisions of this act are not to be deemed to affect any civil rights or remedies existing at the time when this act takes effect, by virtue of the common law or of any provision of statute.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.3
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750.4 Civil remedies preserved.
Sec. 4.
Civil remedies preserved—The omission to specify or affirm in this act any liability to damages, penalty, forfeiture or other remedy, imposed by law, and allowed to be recovered, or enforced in any civil action or proceeding, for any act or omission declared punishable herein does not affect any right to recover or enforce the same.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.4
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750.5 “Crime” defined.
Sec. 5.
“Crime” means an act or omission forbidden by law which is not designated as a civil infraction, and which is punishable upon conviction by any 1 or more of the following:
(a) Imprisonment.
(b) Fine not designated a civil fine.
(c) Removal from office.
(d) Disqualification to hold an office of trust, honor, or profit under the state.
(e) Other penal discipline.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.5 ;-- Am. 1978, Act 513, Eff. Mar. 30, 1979
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750.6 Division of crime.
Sec. 6.
Division of crime—A crime is:
1. A felony; or
2. A misdemeanor.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.6
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750.7 Felony; definition.
Sec. 7.
Felony—The term “felony” when used in this act, shall be construed to mean an offense for which the offender, on conviction may be punished by death, or by imprisonment in state prison.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.7
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750.8 Misdemeanor; definition.
Sec. 8.
Misdemeanor—When any act or omission, not a felony, is punishable according to law, by a fine, penalty or forfeiture, and imprisonment, or by such fine, penalty or forfeiture, or imprisonment, in the discretion of the court, such act or omission shall be deemed a misdemeanor.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.8
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750.9 Misdemeanor; definition.
Sec. 9.
Misdemeanor—When the performance of any act is prohibited by this or any other statute, and no penalty for the violation of such statute is imposed, either in the same section containing such prohibition, or in any other section or statute, the doing of such act shall be deemed a misdemeanor.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.9
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