HOUSE BILL NO. 4072
February 02, 2021, Introduced by Reps. Calley
and Kahle and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2020 PA 50.
the people of the state of michigan enact:
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Sec. 16g. (1)
This chapter applies to the following felonies enumerated in chapter 750 of the
Michigan Compiled Laws:
|
M.C.L. |
Category |
Class |
Description |
Stat Max |
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
|
750.135 |
Person |
D |
Exposing children with
intent to injure or abandon |
10 |
|
750.135a(2)(c) |
Person |
D |
Leaving child
unattended in vehicle resulting in serious physical harm |
10 |
|
750.135a(2)(d) |
Person |
B |
Leaving child
unattended in vehicle resulting in death |
15 |
|
750.136 |
Person |
B |
Female genital
mutilation violation |
15 |
|
750.136a |
Person |
B |
Transporting person
for purpose of female genital mutilation |
15 |
|
750.136b(2) |
Person |
A |
First degree child
abuse |
Life |
|
750.136b(4)(a) |
Person |
C |
Second degree child
abuse — first offense |
10 |
|
750.136b(4)(b) |
Person |
B |
Second degree child
abuse — with prior conviction |
20 |
|
750.136b(4)(c) |
Person |
C |
Second degree child abuse — vulnerable
child |
15 |
|
750.136b(6)(a) |
Person |
G |
Third degree child
abuse – first offense |
2 |
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
|
750.136b(6)(b) |
Person |
E |
Third degree child abuse – with prior
conviction |
5 |
|
750.136b(6)(c) |
Person |
G |
Third degree child abuse — vulnerable
child |
3 |
|
750.136b(8)(b) |
Person |
G |
Fourth degree child abuse – with prior
conviction |
2 |
|
750.136b(8)(c) |
Person |
H |
Fourth degree child abuse — vulnerable
child |
2 |
|
750.136c |
Person |
B |
Buying or selling an
individual |
20 |
|
750.136d(1)(a) |
Person |
A |
First degree child
abuse in presence of another child |
Life |
|
750.136d(1)(b) |
Person |
D |
Second degree child
abuse in presence of another child – first offense |
10 |
|
750.136d(1)(c) |
Person |
B |
Second degree child
abuse in presence of another child – second or subsequent offense |
20 |
|
750.136d(1)(d) |
Person |
G |
Third degree child
abuse in presence of another child |
2 |
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
|
750.145a |
Person |
F |
Soliciting child to commit
an immoral act |
4 |
|
750.145b |
Person |
D |
Accosting children for
immoral purposes with prior conviction |
10 |
|
750.145c(2)(a) |
Person |
B |
Producing child
sexually abusive activity or material |
20 |
|
750.145c(2)(b) |
Person |
B |
Aggravated producing
of child sexually abusive activity or material |
25 |
|
750.145c(3)(a) |
Person |
D |
Distributing,
promoting, or financing the distribution of child sexually abusive activity
or material |
7 |
|
750.145c(3)(b) |
Person |
C |
Aggravated
distributing, promoting, or financing the distribution of child sexually
abusive activity or material |
15 |
|
750.145c(4)(a) |
Person |
F |
Possessing child
sexually abusive material |
4 |
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
|
750.145c(4)(b) |
Person |
B |
Aggravated possession
of child sexually abusive material |
10 |
|
750.145d(2)(b) |
Variable |
G |
Using internet or
computer to commit crime punishable by a maximum term of imprisonment of at
least 1 year but less than 2 years |
2 |
|
750.145d(2)(c) |
Variable |
F |
Using internet or computer
to commit crime punishable by a maximum term of imprisonment of at least 2
years but less than 4 years |
4 |
|
750.145d(2)(d) |
Variable |
D |
Using internet or
computer to commit crime punishable by a maximum term of imprisonment of at
least 4 years but less than 10 years |
10 |
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
|
750.145d(2)(e) |
Variable |
C |
Using internet or
computer to commit crime punishable by a maximum term of imprisonment of at
least 10 years but less than 15 years |
15 |
|
750.145d(2)(f) |
Variable |
B |
Using internet or
computer to commit crime punishable by a maximum term of imprisonment of at
least 15 years or for life |
20 |
|
750.145n(1) |
Person |
C |
First degree
vulnerable adult abuse |
15 |
|
750.145n(2) |
Person |
F |
Second degree vulnerable
adult abuse |
4 |
|
750.145n(3) |
Person |
G |
Third degree
vulnerable adult abuse |
2 |
|
750.145o |
Person |
E |
Death of vulnerable
adult caused by unlicensed caretaker |
5 |
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
|
750.145p(1) |
Person |
G |
Commingling funds of,
obstructing investigation regarding, or filing false information regarding,
vulnerable adult |
2 |
|
750.145p(2) |
Person |
G |
Retaliation or
discrimination by caregiver against vulnerable adult |
2 |
|
750.145p(5) |
Person |
E |
Caregiver or licensee
violation against vulnerable adult — second or subsequent offense |
5 |
|
750.147b |
Person |
G |
Ethnic intimidation |
2 |
(2) For a violation of section 145d of the Michigan penal
code, 1931 PA 328, MCL 750.145d, determine the offense category, offense
variable level, and prior record variable level based on the underlying offense.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4071 (request no. 00298'21) of the 101st Legislature is enacted into law.