The michigan penal code

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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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