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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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750.10 Miscellaneous; definition.
Sec. 10.
Miscellaneous—In this act:
The singular number includes the plural and the plural includes the singular.
The masculine gender includes the feminine and neuter genders.
The words “person”, “accused”, and similar words include, unless a contrary intention appears, public and private corporations, copartnerships, and unincorporated or voluntary associations.
The term “act” or “doing of an act” includes “omission to act”.
The word “property” includes any matter or thing upon or in respect to which any offense may be committed.
The word “indictment” includes information, presentment, complaint, warrant and any other formal written accusation.
The word “indictment”, unless a contrary intention appears, includes any count thereof.
The term “writing”, “written”, and any term of like import includes words printed, painted, engraved, lithographed, photographed or otherwise copied, traced or made visible to the eye.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.10
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750.10a ***ually delinquent persons; definition.
Sec. 10a.
The term “***ually delinquent person” when used in this act shall mean any person whose ***ual behavior is characterized by repetitive or compulsive acts which indicate a disregard of consequences or the recognized rights of others, or by the use of force upon another person in attempting *** relations of either a hetero***ual or homo***ual nature, or by the commission of ***ual aggressions against children under the age of 16.
History: Add. 1952, Act 73, Eff. Sept. 18, 1952
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750.11 Taking a woman and compelling her to marry; felony, penalty.
Sec. 11.
Taking a woman and compelling her to marry—Any person who shall take any woman unlawfully and against her will, and by force, menace, or duress, compel her to marry him or any other person, or to be defiled, shall be guilty of a felony, punishable by imprisonment in the state prison for life or any term of years.
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750.12 Taking woman with intent to compel her to marry; felony, penalty.
Sec. 12.
Taking a woman with intent to compel her to marry—Any person who shall take any woman unlawfully and against her will with intent to compel her by force, menace or duress, to marry him or any other person, or to be defiled, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.12
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750.13 Enticing away female under sixteen; felony, penalty.
Sec. 13.
Enticing away female under 16 years for purpose of marriage, etc.—Any person who shall take or entice away any female under the age of 16 years, from her father, mother, guardian, or other person having the legal charge of her person, without their consent, either for the purpose of prostitution, concubinage, ***ual intercourse or marriage, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.13
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750.14 Miscarriage; administering with intent to procure; felony, penalty.
Sec. 14.
Administering drugs, etc., with intent to procure miscarriage—Any person who shall wilfully administer to any pregnant woman any medicine, drug, substance or thing whatever, or shall employ any instrument or other means whatever, with intent thereby to procure the miscarriage of any such woman, unless the same shall have been necessary to preserve the life of such woman, shall be guilty of a felony, and in case the death of such pregnant woman be thereby produced, the offense shall be deemed manslaughter.
In any prosecution under this section, it shall not be necessary for the prosecution to prove that no such necessity existed.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.14
Constitutionality: Section held unconstitutional as relating to abortions in the first trimester of a pregnancy as authorized by the pregnant woman's attending physician in the exercise of his medical judgment. People v Bricker, 389 Mich 524; 208 NW2d 172 (1973).
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750.15 Abortion, drugs or medicine; advertising or sale to procure; misdemeanor.
Sec. 15.
Selling drugs, etc., to produce abortion—Any person who shall in any manner, except as hereinafter provided, advertise, publish, sell or publicly expose for sale any pills, powder, drugs or combination of drugs, designed expressly for the use of females for the purpose of procuring an abortion, shall be guilty of a misdemeanor.
Any drug or medicine known to be designed and expressly prepared for producing an abortion, shall only be sold upon the written prescription of an established practicing physician of the city, village, or township in which the sale is made; and the druggist or dealer selling the same shall, in a book provided for that purpose, register the name of the purchaser, the date of the sale, the kind and quantity of the medicine sold, and the name and residence of the physician prescribing the same.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.15
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750.16 Adulteration; drugs or medicine injurious to health; violations; penalty; “serious impairment of a body function” defined; other violations committed.
Sec. 16.
(1) Except as otherwise provided in this section, a person who knowingly or recklessly commits any of the following actions is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both:
(a) Adulterates, misbrands, removes, or substitutes a drug or medicine so as to render that drug or medicine injurious to health.
(b) Sells, offers for sale, possesses for sale, causes to be sold, or manufactures for sale a drug or medicine that has been adulterated, misbranded, removed, or substituted so as to render it injurious to health.
(2) A person who violates subsection (1), which violation results in personal injury, is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $4,000.00, or both.
(3) A person who violates subsection (1), which violation results in serious impairment of a body function, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.
(4) A person who violates subsection (1), which violation results in death, is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $20,000.00, or both.
(5) A person who violates subsection (1) with the intent to kill or to cause serious impairment of a body function of 2 or more individuals, which violation results in death, is guilty of a felony punishable by imprisonment for life without possibility of parole or life without possibility of parole and a fine of not more than $40,000.00. It is not a defense to a charge under this subsection that the person did not intend to kill a specific individual or did not intend to cause serious impairment of a body function of 2 or more specific individuals.
(6) As used in this section, “serious impairment of a body function” means that phrase as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.
(7) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.16 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003 ;-- Am. 2004, Act 213, Eff. Oct. 12, 2004
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750.17 Repealed. 1968, Act 39, Eff. Jan. 1, 1969.
Compiler's Notes: The repealed section pertained to adulteration and misbranding of food.
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750.18 Prohibiting mixing drugs or medicine; injuriously affecting quality; violations; penalties; “serious impairment of body function” defined; other violations committed.
Sec. 18.
(1) Except for the purpose of compounding in the necessary preparation of medicine, a person shall not knowingly or recklessly mix, color, stain, or powder, or order or permit another person to mix, color, stain, or powder, a drug or medicine with an ingredient or material so as to injuriously affect the quality or potency of the drug or medicine.
(2) A person shall not sell, offer for sale, possess for sale, cause to be sold, or manufacture for sale a drug or medicine mixed, colored, stained, or powdered in the manner proscribed in subsection (1).
(3) Except as otherwise provided in this section, a person who violates subsection (1) or (2) is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both.
(4) A person who violates subsection (1) or (2), which violation results in personal injury, is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $4,000.00, or both.
(5) A person who violates subsection (1) or (2), which violation results in serious impairment of a body function, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.
(6) A person who violates subsection (1) or (2), which violation results in death, is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $20,000.00, or both.
(7) A person who violates subsection (1) or (2) with the intent to kill or to cause serious impairment of a body function of 2 or more individuals, which violation results in death, is guilty of a felony punishable by imprisonment for life without possibility of parole or life without possibility of parole and a fine of not more than $40,000.00. It is not a defense to a charge under this subsection that the person did not intend to kill a specific individual or did not intend to cause serious impairment of a body function of 2 or more specific individuals.
(8) As used in this section, “serious impairment of a body function” means that phrase as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.
(9) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.18 ;-- Am. 2004, Act 213, Eff. Oct. 12, 2004
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750.19-750.24 Repealed. 1968, Act 39, Eff. Jan. 1, 1969.
Compiler's Notes: The repealed sections pertained to adulteration of food, drink, candy, grain or feed, honey, maple sugar, molasses, and syrup, and to misbranding of same.
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750.25 Adulteration of butter and cream.
Sec. 25.
(1) A person who possesses with intent to sell, or offer or expose for sale, or sell as butter or as cream, a product that is adulterated within the meaning of this section is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.
(2) Butter is adulterated within the meaning of this section if 1 or both of the following conditions exist:
(a) The fat content is not exclusively derived from cow's milk.
(b) The butter contains less than 80% of milk fat.
(3) Cream is adulterated within the meaning of this section if 1 or more of the following conditions exist:
(a) The cream contains less than 18% of milk fat.
(b) The cream is not that portion of milk, rich in milk fat, that rises to the surface of milk on standing, or is separated from it by centrifugal force.
(c) The cream is not clean.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1937, Act 32, Imd. Eff. May 7, 1937 ;-- CL 1948, 750.25 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
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750.27 Adulterated cigarettes.
Sec. 27.
Adulterated cigarettes—Any person within the state who manufactures, sells or gives to any one, any cigarette containing any ingredient deleterious to health or foreign to tobacco, shall be guilty of a misdemeanor.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.27
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750.28 Cereal beverage with alcoholic content; furnishing to minors, penalty.
Sec. 28.
Any person who shall sell, give or furnish to a minor, except upon authority of and pursuant to a prescription of a duly licensed physician, any cereal beverage of any alcoholic content under the name of “near beer”, or “brew”, or “bru”, or any other name which is capable of conveying the impression to the purchaser that the beverage has an alcoholic content, shall be guilty of a misdemeanor.
History: Add. 1957, Act 283, Eff. Sept. 27, 1957
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750.29 Adultery; definition.
Sec. 29.
Definition—Adultery is the ***ual intercourse of 2 persons, either of whom is married to a third person.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.29
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750.30 Adultery; punishment.
Sec. 30.
Punishment—Any person who shall commit adultery shall be guilty of a felony; and when the crime is committed between a married woman and a man who is unmarried, the man shall be guilty of adultery, and liable to the same punishment.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.30
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750.31 Adultery; complaint and time of prosecution.
Sec. 31.
Complainant and time prosecution to be commenced—No prosecution for adultery, under the preceding section, shall be commenced, but on the complaint of the husband or wife; and no such prosecution shall be commenced after 1 year from the time of committing the offense.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.31
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750.32 Adultery; cohabitation of divorced parties.
Sec. 32.
Cohabitation by divorced parties—If any persons after being divorced from the bonds of matrimony for any cause whatever, shall cohabit together, they shall be liable to all the penalties provided by law against adultery.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.32
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750.33 False advertising; penalty; excepted participants in publication.
Sec. 33.
(1) A person who, with intent to sell, purchase, dispose of, or acquire merchandise, securities, service, or anything offered or sought by the person, directly or indirectly, to or from the public for sale, purchase, or distribution, or with intent to increase the consumption of merchandise, securities, service, or other thing offered or sought, or to induce the public in any manner to enter into an obligation relating to or interest in the merchandise, securities, service, or other thing offered or sought, makes, publishes, disseminates, circulates, or places before the public, or causes directly or indirectly to be made, published, disseminated, circulated, or placed before or communicated to the public, in a newspaper or by radio broadcast, television, telephone, or telegraph or other mode of communication or publication or in the form of a book, notice, handbill, poster, bill, circular, pamphlet, letter, or communication, including communication by telephone or telegraph to 2 or more persons, or in any other way, in advertisement of any sort regarding merchandise, securities, service, or anything so offered to or sought from the public, or regarding the motive or purpose of a sale, purchase, distribution, or acquisition, which advertisement contains an assertion, representation, or statement or illustration, including statements of present or former sale price or value, which is false, deceptive, or misleading, or calculated to subject another person to disadvantage or injury through the publication of false or deceptive statements or as part of a plan or scheme with the intent, design, or purpose not to sell the merchandise, commodities, or service so advertised at the price stated therein, or otherwise communicated, or with intent not to sell the merchandise, commodities, or service so advertised is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.
(2) Subsection (1) does not apply to an owner, publisher, printer, agent, or employee of a newspaper or other publication, periodical, or circular, or of a radio station or television station, who in good faith and without knowledge of the falsity or deceptive character thereof, publishes, causes to be published, or takes part in the publication of an advertisement described in subsection (1).
(3) Subsection (1) does not apply to any person, firm, or corporation providing telephone service to subscribers as a public utility.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1941, Act 340, Eff. Jan. 10, 1942 ;-- CL 1948, 750.33 ;-- Am. 1955, Act 176, Eff. Oct. 14, 1955 ;-- Am. 1957, Act 180, Eff. Sept. 27, 1957 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
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750.33a Character or extent of business misrepresentation; penalty.
Sec. 33a.
Any person who states, in an advertisement of his goods, that he is a producer, manufacturer, processor, wholesaler or importer, or that he owns or controls a factory or other source of supply of goods, when such is not the fact, or in any other manner knowingly misrepresents the character, extent, volume or type of his business, is guilty of a misdemeanor.
History: Add. 1965, Act 105, Eff. Mar. 31, 1966
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750.34 Advertising relating to ***ual diseases.
Sec. 34.
A person who advertises in his or her own name or in the name of another person, firm or pretended firm, association, or corporation or pretended corporation, in a newspaper, pamphlet, circular, periodical, or other written or printed paper, or the owner, publisher, or manager of a newspaper or periodical who permits to be published or inserted in a newspaper or periodical owned or controlled by him or her, an advertisement of the treating or curing of venereal diseases, the restoration of “lost manhood” or “lost vitality or vigor”, or advertises in any manner that he or she is a specialist in diseases of the ***ual organs, or diseases caused by ***ual vice or masturbation, or in any diseases of like cause, or shall advertise in any manner any medicine, drug, compound, appliance, or any means whatever whereby ***ual diseases of men or women may be cured or relieved, or miscarriage or abortion produced, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.34 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
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750.35 Immoral advertising; publishing and distributing.
Sec. 35.
Publishing and distributing immoral advertising—Any person publishing, distributing or causing to be distributed or circulated any of the advertising matter described in the next preceding section either in newspaper or other printed or written forms, shall be guilty of a misdemeanor and punished as provided in said next preceding section.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.35
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750.36 Immoral advertising; evidence.
Sec. 36.
Prima facie evidence of guilt—Any advertisement found in any newspaper, pamphlet or circular containing the words “Lost manhood”, “Lost vitality or vigor” or other expressions synonymous therewith, shall be prima facie evidence of the guilt of the party or parties subscribing to the said advertisements, their agents or representatives, and the same penalties shall apply to the publishers of papers containing the same as prescribed in the next preceding section.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.36
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750.37 Immoral advertising; penalty.
Sec. 37.
Penalty construed—The next 3 preceding sections of this chapter shall not be construed as creating a penalty in addition to that specified in Act No. 237 of the Public Acts of 1899, as amended, being sections 6737 to 6747, inclusive, of the Compiled Laws of 1929, for the acts made unlawful therein.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.37
Compiler's Notes: Act 237 of 1899, referred to in this section, was repealed by Act 185 of 1973.
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750.38 Personal violence or human form; displaying.
Sec. 38.
Displaying, etc., pictures, etc., representing personal violence or human form—Any person who shall post, place or display on any sign board, bill board, fence, building, sidewalk, or other object, or in any street, road, or other public place, any sign, picture, printing or other representation of murder, assassination, stabbing, fighting or of any personal violence, or of the commission of any crime, or any representation of the human form in an attitude or dress which would be indecent in the case of a living person, if such person so appeared in any public street, square or highway, shall be guilty of a misdemeanor.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.38
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750.39 Patent medicines; publication in immoral or ambiguous language.
Sec. 39.
Publication of virtues of patent medicines in immoral or ambiguous language—Any person who shall print, stamp, or engrave on any cards, bills or posters for public display or advertisement, or publish in any newspaper in the state of Michigan, the virtues or applications and its or their effects of any patent and other simple or compound medicine, in language of immoral tendency or of ambiguous character, shall be guilty of a misdemeanor. Each day that such publication appears shall be deemed a separate offense under this section.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.39
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750.40 Private diseases; conceptive preventatives; publication of cures.
Sec. 40.
Publication in indecent language of cures for private diseases and conceptive preventatives—The publication or sale within this state of any circular, pamphlet or book containing recipes or prescriptions in indecent or obscene language for the cure of chronic female complaints or private diseases, or recipes or prescriptions for drops, pills, tinctures, or other compounds designed to prevent conception, or tending to produce miscarriage or abortion is hereby prohibited; and for each copy thereof, so published and sold, containing such prohibited recipes or prescriptions, the publisher and seller shall each be guilty of a misdemeanor.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.40
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750.41 Repealed. 2002, Act 211, Imd. Eff. Apr. 29, 2002.
Compiler's Notes: The repealed section pertained to sale and distribution of criminal news printed matter.
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750.42 Repealed. 2000, Act 238, Imd. Eff. June 27, 2000.
Compiler's Notes: The repealed section pertained to advertisements of intoxicating liquors referrring to deceased ex-presidents of the United States.
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750.42a Outdoor sign advertising smokeless tobacco product; warning statements; local ordinance, regulation, or other law.
Sec. 42a.
(1) A person who uses an outdoor sign to advertise a smokeless tobacco product shall display on the outdoor sign 1 of the following statements:
(a) “WARNING: This product may cause mouth cancer.”
(b) “WARNING: This product may cause gum disease and tooth loss.”
(c) “WARNING: This product is not a safe alternative to cigarettes.”
(2) The warning statements required under subsection (1) shall be rotated every 4 months, and shall meet all of the following requirements:
(a) Be surrounded by a black border, the width of which is not less than the width of the vertical element of a letter in the warning statement. There shall be a 1-1/2 inch white border surrounding the black border.
(b) Be printed in capital letters that are black on a white background, and in the following size and type:
(i) For an outdoor sign that has a surface area of more than 150 square feet, but less than 350 square feet, the letters shall be not less than 5-1/2 inches in height and printed in univers 67 cold type.
(ii) For an outdoor sign that has a surface area of 350 square feet or more, but less than 1,200 square feet, the letters shall be not less than 6 inches in height and printed in univers 59 cold type.
(iii) For an outdoor sign that has a surface area of 1,200 square feet or more, the letters shall be not less than 8 inches in height and printed in univers 57 cold type.
(3) An ordinance, regulation, or other law enacted by a local unit of government shall not require either of the following for an outdoor sign that advertises a smokeless tobacco product:
(a) A statement other than 1 of the statements required under subsection (1).
(b) For the statements required under subsection (1), a format and type style other than the format and type style required under subsection (2).
(4) A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year or a fine of not more than $5,000.00, or both.
(5) As used in this section:
(a) “Outdoor sign” means a sign, display, device, figure, painting, drawing, message, placard, poster, or billboard that is placed outdoors, is stationary, has a surface area of more than 150 square feet, and is designed, intended, or used to advertise or promote.
(b) “Person” means an individual, corporation, partnership, or other business entity that manufactures, packages, or imports smokeless tobacco products.
(c) “Smokeless tobacco product” means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral cavity.
History: Add. 1988, Act 295, Eff. Mar. 30, 1989
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