Michigan Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail

Michigan sets the maximum prison term and fine in each felony's own statute. If a person is convicted of a felony for which no punishment is specially prescribed, the penalty is imprisonment for not more than 4 years, a fine of not more than $5,000, or both (MCL 750.503). For the sentencing guidelines, each felony is assigned an offense class in part 2 of chapter XVII of the Code of Criminal Procedure; the class determines which sentencing grid gives the recommended minimum sentence range (MCL 777.21).

Misdemeanor penalties are set in each offense statute. A misdemeanor for which no punishment is specially prescribed is punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both. Examples of statutory tiers (larceny): less than $200 — misdemeanor, up to 93 days and/or a fine up to $500 or 3 times the value; $200 to less than $1,000 — misdemeanor, up to 1 year and/or a fine up to $2,000 or 3 times the value (MCL 750.356(4)-(5)). Some violations are civil infractions (for example, certain marihuana violations, MCL 333.27965).

Larceny becomes a felony at $1,000. Less than $200 — misdemeanor, up to 93 days, a fine of not more than $500 or 3 times the value of the property, whichever is greater, or both. $200 or more but less than $1,000 — misdemeanor, up to 1 year, fine up to $2,000 or 3 times the value, or both (also applies to a less-than-$200 larceny with a prior conviction). $1,000 or more but less than $20,000 — felony, up to 5 years, fine up to $10,000 or 3 times the value, or both (also a $200-$1,000 larceny with a prior conviction). $20,000 or more — felony, up to 10 years, fine up to $15,000 or 3 times the value, or both (also a $1,000-$20,000 larceny with 2 or more prior convictions). Values from separate incidents in a scheme or course of conduct within any 12-month period may be aggregated.

Michigan has a stand-your-ground statute. 'An individual who has not or is not engaged in the commission of a crime at the time he or she uses deadly force may use deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat' if the individual honestly and reasonably believes that deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or another individual, or to prevent the imminent sexual assault of himself or herself or another individual.

In a civil or criminal case, a person who uses deadly force or other force under the Self-Defense Act is presumed to have an honest and reasonable belief that imminent death, sexual assault or great bodily harm will occur if the other person is in the process of breaking and entering a dwelling or business premises or committing home invasion (or has done so and is still present), or is unlawfully attempting to remove a person from a dwelling, business premises or occupied vehicle against that person's will, and the person using force honestly and reasonably believes that is occurring. The presumption does not apply if the other person has a legal right to be there (owner, lessee, titleholder) and no domestic-violence injunction or no-contact order applies to that person; if the person being removed is the user's child or grandchild or in the user's lawful custody; if the user is committing a crime or using the place to further one; against a peace officer lawfully entering in official duties; or against a current or former spouse, dating partner, co-parent or household member when the user has a prior history of domestic violence as the aggressor (MCL 780.951). Civil immunity: a person who uses deadly or non-deadly force in compliance with section 2 of the Self-Defense Act is 'immune from civil liability for damages' caused to the person against whom the force was used (MCL 600.2922b).

No limit ('may be found and filed at any time'): murder, conspiracy or solicitation to commit murder, first-degree criminal sexual conduct, and certain offenses punishable by life imprisonment (listed chapter XXXIII, chapter LXVIIA and anti-terrorism violations) (§ 24(1)). Second- and third-degree criminal sexual conduct (MCL 750.520c, 750.520d): within 15 years or by the victim's 42nd birthday, whichever is later; child abuse, child sexually abusive material, fourth-degree CSC and assault with intent to commit CSC (MCL 750.136, 750.136a, 750.145c, 750.520e, 750.520g): within 10 years or by the victim's 21st birthday, whichever is later; if DNA of an unidentified person is found, these may be filed at any time, with a time limit running after identification (§ 24(3)-(5)). Kidnapping, extortion, assault with intent to commit murder, attempted murder, manslaughter, armed robbery and first-degree home invasion: 10 years (§ 24(6)). Human trafficking offenses listed in § 24(2): 25 years. Identity theft: 6 years. All other offenses: within 6 years (§ 24(10)). Time when the accused did not usually and publicly reside in Michigan is not counted (§ 24(11)).

Except as otherwise provided by law, a person accused of a criminal offense is entitled to bail, and the amount of bail shall not be excessive. The court fixes the amount, and in doing so must consider and make findings on the record as to each of: the seriousness of the offense charged, the protection of the public, the previous criminal record and the dangerousness of the person accused, and the probability or improbability of the person accused appearing at trial. If the court allows a 10% deposit bond, the accused may instead post a surety bond, approved by the court, for one-quarter of the full bail amount. For an ordinance violation or misdemeanor, the court may accept surrender of a valid driver's license in place of other security or as a condition of personal-recognizance release.

Under the Michigan Indigent Defense Commission Act, the local indigent criminal defense system determines indigency (including partial indigency) not later than the defendant's first appearance in court, considering income, property, obligations, dependents, employment and training history, and education. A defendant is indigent if unable to obtain competent, qualified legal representation without substantial financial hardship to himself or herself or dependents; substantial financial hardship is rebuttably presumed if the defendant receives personal public assistance (including food assistance, TANF, Medicaid or disability insurance), resides in public housing, earns an income less than 140% of the federal poverty guideline, is serving a sentence in a correctional institution, or is receiving residential mental health or substance abuse treatment. Others receive a more rigorous screening. A partially indigent defendant contributes an amount set under MIDC standards, subject to prompt judicial review. The defendant must apply for indigent defense counsel and establish indigency, with statements made under oath or an equivalent affirmation. No application fee is stated in this section.

Third-degree criminal sexual conduct (felony, up to 15 years) includes sexual penetration when 'That other person is at least 13 years of age and under 16 years of age' (MCL 750.520d(1)(a)); no close-in-age exception appears in that subdivision. Sexual penetration with a person under 13 is first-degree criminal sexual conduct (MCL 750.520b).

Adult-use marihuana is legal for persons 21 or older, who may possess up to 2.5 ounces outside their residence (not more than 15 grams of which may be concentrate), possess, store and process up to 10 ounces at their residence plus marihuana from plants grown on the premises, and cultivate up to 12 plants for personal use (MCL 333.27955(1)). Possessing more than the allowed amount but not more than twice it: civil infraction — fine up to $500 for a first violation, up to $1,000 for a second, and a misdemeanor with a fine up to $2,000 for a third or subsequent violation, plus forfeiture. More than twice the allowed amount: a misdemeanor, but no imprisonment unless the violation was habitual, willful and for a commercial purpose, or involved violence. Under 21 with up to 2.5 ounces or 12 plants: civil infraction — first violation fine up to $100 (under 18: or community service, plus 4 hours of drug education or counseling); second violation fine up to $500 (under 18: or community service, plus 8 hours) (MCL 333.27965).

Simple assault (or assault and battery) is a misdemeanor punishable by up to 93 days in jail, a fine up to $500, or both. Assault without a weapon that causes a serious or aggravated injury (called aggravated assault) is a misdemeanor with up to 1 year and/or $1,000. Assault with a gun, knife, club or other dangerous weapon (felonious assault) is a felony with up to 4 years and/or $2,000. Assault with intent to do great bodily harm less than murder, and assault by strangulation or suffocation, are felonies punishable by up to 10 years, a fine up to $5,000, or both.

Michigan does not have a separate battery statute; 'assault or an assault and battery' is charged under one section as a misdemeanor punishable by up to 93 days, a fine up to $500, or both (fine up to $1,000 if the victim is a health professional or medical volunteer on duty). Domestic assault and battery is charged under the same section with its own repeat-offense penalties.

Assault or assault and battery against a spouse or former spouse, a current or former dating partner, someone you share a child with, or a current or former household resident is domestic assault. A first offense is a misdemeanor with up to 93 days and/or $500; with one prior qualifying assault conviction it is a misdemeanor with up to 1 year and/or $1,000; with two or more priors it is a felony with up to 5 years and/or $5,000. Aggravated domestic assault (serious or aggravated injury, no weapon) is a misdemeanor with up to 1 year and/or $1,000, and a felony with up to 5 years and/or $5,000 if the person has one or more prior domestic assault convictions. Strangling or suffocating anyone is a felony punishable by up to 10 years and/or $5,000.

Shoplifting is called retail fraud in Michigan. Stealing store merchandise priced under $200 is retail fraud in the third degree, a misdemeanor punishable by up to 93 days and a fine up to $500 or 3 times the value, or both. $200 to under $1,000, or a third-degree offense by someone with a prior conviction, is second degree, a misdemeanor with up to 1 year and a fine up to $2,000 or 3 times the value. A second-degree offense by someone with one or more prior first-degree retail fraud convictions is first-degree retail fraud, a felony with up to 5 years and a fine up to $10,000 or 3 times the value. Civilly, the merchant may recover the full retail price of unrecovered or unsellable goods plus civil damages of 10 times the retail price, but not less than $50.00 and not more than $200.00, only if a police report was filed.

Michigan calls burglary of a home 'home invasion.' Breaking into or entering a dwelling without permission to commit (or while committing) a felony, larceny or assault is second-degree home invasion, a felony up to 15 years and/or $3,000; it is first degree (up to 20 years and/or $5,000) if the person is armed with a dangerous weapon or someone else is lawfully inside. Third-degree home invasion (entering to commit a misdemeanor, or violating a protective order or release condition while inside) is a felony up to 5 years and/or $2,000. Breaking and entering other buildings with intent to commit a felony or larceny is a felony up to 10 years. Robbery (larceny using force or violence, assault or fear) is a felony up to 15 years; armed robbery (with a dangerous weapon, or pretending to have one) is a felony punishable by life or any term of years, with a 2-year minimum if someone is seriously injured.

Vandalism is called malicious destruction of property. Damage under $200 is a misdemeanor with up to 93 days and a fine up to $500 or 3 times the damage; $200 to under $1,000 is a misdemeanor with up to 1 year and a fine up to $2,000 or 3 times the damage. Damage of $1,000 to under $20,000 (or a smaller amount with a prior conviction) is a felony with up to 5 years and a fine up to $10,000 or 3 times the damage; $20,000 or more (or with 2 or more priors) is a felony up to 10 years and a fine up to $15,000 or 3 times the damage. No separate graffiti statute was reviewed.

Trespass is entering someone's land or premises after being forbidden, staying after being told to leave, or entering or remaining on fenced or posted farm property without consent. It is a misdemeanor punishable by up to 30 days in county jail, a fine up to $250, or both. Breaking into or entering a home without permission to commit a misdemeanor is charged more seriously as third-degree home invasion (a felony up to 5 years).

Possessing less than 25 grams of a mixture containing a schedule 1 or 2 narcotic drug or a drug described in MCL 333.7214(a)(iv) is a felony punishable by up to 4 years, a fine up to $25,000, or both. Possessing most other schedule 1 to 4 drugs is a felony with up to 2 years and/or $2,000, while substances described in MCL 333.7212(1)(h) or 333.7214(c)(ii) carry up to 10 years and/or $15,000. A first-time offender with no prior drug conviction who is found guilty of simple possession or use may, with consent, be placed on probation with proceedings deferred; on successful completion the court must dismiss the case without an adjudication of guilt, and this is available only once.

A driver involved in a crash must stop, remain at the scene and give the required information. Leaving the scene of a crash that damages an attended vehicle is a misdemeanor punishable by up to 90 days, a fine up to $100, or both. Leaving after a crash that injures anyone is a misdemeanor with up to 1 year and/or $1,000. Leaving after a crash causing serious impairment of a body function or death is a felony with up to 5 years and/or $5,000; if the driver caused the crash and it resulted in death, it is a felony with up to 15 years and/or $10,000.

Reckless driving is driving on a highway, frozen public lake, parking area or other place open to the public in willful or wanton disregard for the safety of people or property. It is a misdemeanor punishable by up to 93 days, a fine up to $500, or both. Reckless driving that causes serious impairment of a body function is a felony punishable by up to 5 years and a fine of $1,000 to $5,000; if it causes a death, it is a felony up to 15 years and a fine of $2,500 to $10,000, and the vehicle may be forfeited or immobilized.

Stalking is a willful course of conduct involving repeated or continuing harassment that would make a reasonable person feel terrorized, frightened, intimidated, threatened, harassed or molested, and actually does. 'Unconsented contact' includes sending mail or electronic communications. Stalking is a misdemeanor punishable by up to 1 year and/or $1,000, and a felony (up to 5 years and/or $10,000) if the victim is under 18 and the offender is at least 5 years older. Aggravated stalking is a felony punishable by up to 5 years and/or $10,000 (up to 10 years and/or $15,000 with a minor victim) when an act violates a restraining order, injunction or release conditions, the conduct includes a credible threat, or the person has a prior stalking conviction.

Assaulting, battering, resisting or obstructing a police officer or other covered official who is performing their duties is a felony punishable by up to 2 years, a fine up to $2,000, or both. It carries up to 4 years if it causes bodily injury requiring medical care, up to 15 years if it causes serious impairment of a body function, and up to 20 years if it causes death. Fleeing and eluding police in a vehicle is a felony at every level: fourth degree up to 2 years and/or $500; third degree (crash, area with a speed limit of 35 mph or less, or a prior conviction) up to 5 years and/or $1,000; second degree (serious injury or certain priors) up to 10 years and/or $5,000; first degree (death) up to 15 years and/or $10,000.

In Michigan, a person who absconds on or forfeits a bond given in a criminal case in which a felony is charged is guilty of a felony. Because that statute does not set its own penalty, the general felony penalty applies: imprisonment for not more than 4 years, a fine of not more than $5,000, or both.

Probation in Michigan is 'a matter of grace,' and revocation and incarceration should be imposed only for repeated technical violations, new criminal behavior, or at the probationer's request. The probationer is entitled to a written copy of the charges and a revocation hearing before the judge; the hearing is summary and informal and the criminal rules of evidence do not apply. For a technical violation, jail is capped at 5, 10 and 15 days for the first three violations by someone on probation for a misdemeanor, and 15, 30 and 45 days for someone on probation for a felony; the court may not revoke probation for a technical violation unless the person has already been sanctioned for 3 or more technical violations. If probation is revoked, the court may sentence the person as if probation had never been granted. There is a presumption that a summons, not an arrest warrant, will be issued for a technical violation.

Witness tampering (bribing, threatening or intimidating a witness to stay away, avoid legal process, withhold testimony or testify falsely, or willfully obstructing a witness's ability to testify) is a felony punishable by up to 4 years and $5,000; up to 10 years and $20,000 if the underlying criminal case carries more than 10 years or life; and up to 15 years and $25,000 if it involves a crime or a threat to kill, injure or damage property. Retaliating against a witness is a felony punishable by up to 10 years and $20,000. Tampering with evidence for an official proceeding is a felony punishable by up to 4 years and $5,000 (up to 10 years in serious cases). Using force to keep someone from reporting a crime, retaliating against someone who reported a crime, or threatening someone to influence a statement to police is a misdemeanor punishable by up to 1 year and $1,000, or a felony with up to 10 years and $20,000 if it involves a crime or a threat to kill, injure or damage property.

Perjury committed while lawfully required to tell the truth in a court proceeding is a felony punishable by up to 15 years in prison, or by life or any term of years if committed at the trial of an indictment for a capital crime. Willfully swearing falsely under any oath authorized or required by law (including a false declaration signed under penalty of perjury) is also perjury, a felony punishable by up to 15 years.

Being drunk in public is a crime in Michigan only when the person is intoxicated in a public place and is either directly endangering the safety of another person or property or acting in a manner that causes a public disturbance; such a person is a 'disorderly person.' Being a disorderly person is a misdemeanor punishable by imprisonment for not more than 90 days, a fine of not more than $500, or both.

Michigan's disorderly person statute lists specific conduct, including being intoxicated in public while endangering others or causing a public disturbance, engaging in indecent or obscene conduct in public, window peeping, begging in a public place, jostling or roughly crowding people in public, and loitering where prostitution or illegal business is conducted. Being a disorderly person is a misdemeanor punishable by imprisonment for not more than 90 days, a fine of not more than $500, or both.

Knowingly making an open or indecent exposure of one's own body or another's is a misdemeanor punishable by imprisonment for not more than 1 year, a fine of not more than $1,000, or both. If the person was fondling his or her genitals, pubic area, buttocks or (if female) breasts while exposing, it is a misdemeanor punishable by up to 2 years and $2,000. If the person is a 'sexually delinquent person,' the punishment is an indeterminate term of 1 day to life. Breastfeeding is not indecent exposure.

Soliciting, accosting or inviting someone in public (by a person 16 or older) to commit prostitution, and engaging or offering to pay for the services of a prostitute (buying sex), are both punished under the same penalty section: a first offense is a misdemeanor punishable by up to 93 days, a fine of up to $500, or both; with 1 prior conviction, up to 1 year and $1,000; with 2 or more prior convictions, a felony punishable by up to 2 years and $2,000. Paying for sex with a person under 18 is a felony punishable by up to 5 years and $10,000. A person under 18 charged with a prostitution offense is presumed to have been coerced by a human trafficker.

Michigan authorizes licensed casino gaming, internet gaming (online casino games) and internet sports betting when conducted under the state's casino, lawful internet gaming and lawful sports betting acts; online wagers are treated as gaming conducted at the operator's Michigan casino. The state lottery, pari-mutuel horse race wagering, bingo and millionaire parties, and tribal gaming on Indian lands under federal law are also authorized under their own laws. Illegal betting, such as taking money on the promise of a payout contingent on a race, contest, game or uncertain event, is a misdemeanor punishable by up to 1 year in jail or a fine of not more than $1,000.

Embezzlement is when an agent, employee, trustee, bailee or custodian fraudulently converts or hides money or property entrusted to them. It is graded by value: under $200, a misdemeanor punishable by up to 93 days and a fine of $500 or 3 times the value; $200 to under $1,000, a misdemeanor punishable by up to 1 year; $1,000 to under $20,000, a felony punishable by up to 5 years; $20,000 to under $50,000, up to 10 years; $50,000 to under $100,000, up to 15 years; and $100,000 or more, up to 20 years and a fine of $50,000 or 3 times the value. Prior embezzlement convictions or a nonprofit or charitable victim raise the grade.

Identity theft is using or attempting to use another person's personal identifying information, with intent to defraud or by concealing one's own identity, to obtain credit, goods, services, money, property, records or employment, or to commit another unlawful act. It is a felony punishable by up to 5 years and a fine of up to $25,000; a second violation carries up to 10 years and $50,000, and a third or later up to 15 years and $75,000. Stealing, knowingly possessing or using a credit or debit card (a 'financial transaction device') without the cardholder's consent, or possessing a fraudulent or altered card, is a felony.

Forgery (falsely making, altering or counterfeiting a public record, will, deed-type document, promissory note, bill of exchange or other listed instrument with intent to injure or defraud) is a felony punishable by up to 14 years in prison. Uttering and publishing (passing a forged instrument as true, knowing it is forged) is also a felony punishable by up to 14 years. Writing a bad check with intent to defraud, knowing there are insufficient funds, is a misdemeanor under $100 (up to 93 days and $500 for a first offense) and $100 to under $500 (up to 1 year); it is a felony punishable by up to 2 years when the check is $500 or more, or when a $100-$499 check follows 2 or more prior convictions.

Blackmail is called extortion (malicious threats to extort money) in Michigan: maliciously threatening, orally or in writing, to accuse someone of a crime, or to injure a person, their property, or their parent, spouse or child, with intent to extort money or any pecuniary advantage, or to force the person to do or not do something against their will. It is a felony punishable by up to 20 years in state prison or a fine of not more than $10,000.

First-degree murder is murder by poison, lying in wait or any other willful, deliberate and premeditated killing; murder committed while committing or attempting listed felonies such as arson, criminal sexual conduct, robbery, carjacking, kidnapping or home invasion (Michigan's felony-murder rule); or murder of an on-duty peace officer or corrections officer. It is punished by imprisonment for life without eligibility for parole (except as the juvenile-sentencing provisions of the Code of Criminal Procedure provide). All other murder is second-degree murder, punished by imprisonment for life or any term of years at the court's discretion. Michigan has no third-degree murder.

Manslaughter (voluntary or involuntary, as defined by Michigan case law) is a felony punishable by up to 15 years in prison, a fine up to $7,500, or both. Causing a death while operating a vehicle while intoxicated or impaired (OWI causing death) is a felony punishable by up to 15 years, a fine of $2,500 to $10,000, or both; it rises to up to 20 years (same fine) when the driver had a 0.17 or higher alcohol content and a prior conviction within 7 years, or was in a work-zone or emergency-scene violation and the victim is a police officer, firefighter or other emergency responder. Driving on a suspended or revoked license and causing a death is a separate felony with up to 15 years.

Michigan grades child abuse (a child is under 18) in four degrees. First-degree (knowingly or intentionally causing serious physical or mental harm) is a felony punishable by life or any term of years. Second-degree (serious harm caused by an omission or reckless act, or knowingly committing an act likely to cause serious harm or that is cruel to a child) is a felony with up to 10 years (20 with a prior conviction). Third-degree (knowingly or intentionally causing physical harm) is a felony with up to 2 years (5 with a prior). Fourth-degree (an omission or reckless act causing physical harm, or an act posing an unreasonable risk of harm whether or not harm results) is a misdemeanor with up to 1 year, or a felony with up to 2 years after a prior conviction. Contributing to the neglect or delinquency of a child under 17 is a misdemeanor.

First-degree arson - burning or blowing up a multiunit building with a dwelling unit, a mine, or any building or real property where someone is physically injured - is a felony punishable by life or any term of years and a fine up to $20,000 or 3 times the property value, whichever is greater. Second-degree arson (a dwelling, occupied or not) carries up to 20 years and the same fine. Third-degree arson (any other building or structure, or personal property worth $20,000 or more, or $1,000 or more with a prior conviction) carries up to 10 years and the same fine. Fourth-degree arson (personal property worth $1,000 to under $20,000, or $200 or more with a prior, or burning another's woods or grounds) carries up to 5 years and a fine up to $10,000 or 3 times the value. Owning the property is not a defense.

Animal neglect or cruelty (failing to provide adequate care, or cruelly treating or abandoning an animal) is graded by the number of animals and prior convictions: one animal - misdemeanor, up to 93 days, $1,000 and 200 hours of community service; 2-3 animals or the animal dies - misdemeanor, up to 1 year and $2,000; 4-9 animals or one prior conviction - felony, up to 2 years; 10-24 animals or two priors - felony, up to 4 years and $5,000; 25 or more animals or three or more priors - felony, up to 7 years and $10,000. Knowingly killing, torturing, mutilating, maiming or poisoning an animal without just cause is a felony in three degrees, with up to 10, 7 or 4 years, a fine up to $5,000 and up to 500 hours of community service. Courts may bar a convicted person from owning or possessing animals, permanently for repeat neglect offenders or as part of a killing/torture sentence.

Yes. A person may not intentionally disseminate sexually explicit visual material of an identifiable person 18 or older, with intent to threaten, coerce or intimidate, when the material was obtained under circumstances in which a reasonable person would know it was to remain private and the person knows or should know the depicted person did not consent. A first violation is a misdemeanor punishable by up to 93 days and/or a $500 fine; a second or later violation is a misdemeanor with up to 1 year and/or $1,000. News reports, law enforcement duties, crime reporting and internet providers for others' content are excepted.

Michigan's cyberbullying crime covers anyone (not only minors) who posts a message in a public media forum intended to place a person in fear of bodily harm or death and expressing an intent to commit violence, posted with intent to threaten or knowing it will be viewed as a threat. It is a misdemeanor punishable by up to 93 days and/or a $500 fine, and up to 1 year and/or $1,000 with a prior conviction. A continued pattern of harassing or intimidating behavior that causes serious injury is a felony with up to 5 years and/or $5,000, and one that causes death is a felony with up to 10 years and/or $10,000.

Michigan has no separate sexting offense for minors, and its child sexually abusive material statute contains no exception or reduced penalty for minors who create, send or possess images of themselves or other minors; its listed exceptions cover only certain professionals and officials. Knowing possession of child sexually abusive material is a felony with up to 4 years and/or a $10,000 fine (up to 10 years and/or $50,000 in aggravated cases such as videos or more than 100 images).

Money laundering (knowingly conducting a transaction or otherwise dealing with proceeds of a specified criminal offense) is graded by degree. Fourth-degree is a misdemeanor with up to 2 years and a fine up to $10,000 or twice the proceeds. Third-degree applies when the proceeds are $10,000 or more, or the crime was a drug offense, or the act was meant to promote a crime, hide the proceeds or avoid reporting - a felony with up to 5 years and $50,000 (or twice the proceeds). Second-degree ($10,000 or more plus a drug offense or the specified intent) carries up to 10 years and $100,000; first-degree ($10,000 or more, a drug offense, and the specified intent) carries up to 20 years and $500,000. Amounts may be aggregated over 30 days.

Knowingly recruiting, enticing, harboring, transporting, providing or obtaining a person for forced labor or services (and related trafficking offenses) is a felony punishable by up to 10 years and/or $10,000; up to 15 years and $15,000 if it causes bodily injury or involves commercial sexual activity; up to 20 years and $20,000 if it causes serious bodily injury; and life or any term of years and up to $50,000 if it involves kidnapping, first-degree criminal sexual conduct, an attempted killing or a death. Trafficking a minor for commercial sexual activity or forced labor - regardless of whether the person knew the minor's age - is a felony with up to 20 years and/or $20,000.

Pedestrians must obey pedestrian control signals: on 'Walk' they may cross and drivers must yield, and on 'Don't Walk' they may not start to cross (those already crossing must continue to a sidewalk or safety island); where there are no special pedestrian signals they follow the regular traffic signal. Where sidewalks exist, pedestrians may not walk on the main traveled part of the highway, and where there are none they must, if practicable, walk on the left side facing traffic. Violations are civil infractions, not crimes; unless another amount is set, the civil fine for a Vehicle Code civil infraction is up to $100.

The driver and any occupant may not transport or possess alcohol in an open, uncapped or unsealed container in the passenger area of a vehicle on a highway, or of a moving vehicle in any area open to the public, including parking lots. In a vehicle without a trunk, containers may be kept in a locked glove compartment, behind the last upright seat, or in an area not normally occupied. Passengers in state-authorized chartered vehicles (and, unless a local ordinance bars it, commercial quadricycles) are excepted. A violation is a misdemeanor; the sentence may include community service and substance abuse screening. Unless otherwise provided, a Vehicle Code misdemeanor is punishable by up to 90 days and/or a $100 fine.

A minor (under 21) may not purchase, consume or possess alcohol. A first violation is a state civil infraction with a fine up to $100, plus possible substance use services, community service and screening at the minor's expense (this level may be used only once). A second violation is a misdemeanor with up to 30 days and/or $200, and a third or later violation a misdemeanor with up to 60 days and/or $500; jail is allowed only for violating probation or failing to complete ordered treatment, service or payment. A minor who uses fraudulent identification to buy alcohol (or an adult who gives it to a minor) commits a misdemeanor with up to 93 days and/or a $100 fine.

Driving while one's license is suspended, revoked or denied is a misdemeanor punishable for a first violation by up to 93 days and/or a $500 fine, and for a second or later violation by up to 1 year and/or $1,000. If the driving causes another person's death it is a felony with up to 15 years and/or a $2,500-$10,000 fine; if it causes serious impairment of a body function, a felony with up to 5 years and/or a $1,000-$5,000 fine.

A person may not drive a motor vehicle on a Michigan highway without a valid operator's or chauffeur's license with the proper group designation, and a licensee must keep the license in immediate possession while driving and show it to police on demand. The licensing section itself does not state a penalty; under the Vehicle Code, a misdemeanor for which no other penalty is provided is punishable by up to 90 days and/or a $100 fine.

Michigan makes it a felony (up to 5 years and/or a $2,500 fine) to carry concealed on or about the person, or in a vehicle, a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such; the ban does not apply in one's own home, place of business or on land one possesses. The former ban on spring-opening pocket knives (switchblades), MCL 750.226a, was repealed effective October 11, 2017.

Michigan's Fireworks Safety Act allows the sale and use of consumer fireworks (CPSC-compliant devices listed in APA Standard 87-1) and low-impact fireworks (ground and handheld sparkling devices); sellers need an annual state certificate. Consumer fireworks may not be sold to a minor (under 18) - a civil fine up to $1,000, or $2,500 for a repeat. Using consumer fireworks on public, school or church property or another person's property without permission is a state civil infraction (fine up to $500), and using fireworks while under the influence of alcohol or drugs carries a civil fine up to $1,000. Local governments may regulate use and hours but may not restrict use after 11 a.m. on December 31 (until 1 a.m. January 1), the weekends before Memorial Day and Labor Day, June 29 through July 4, and July 5 if a Friday or Saturday (until 11:45 p.m.); a local ordinance violation carries a $1,000 civil fine.

Kidnapping is knowingly restraining another person (restricting their movement or confining them without consent or legal authority, for any length of time) with intent to hold them for ransom or reward, use them as a shield or hostage, engage in sexual misconduct, take them out of Michigan, hold them in involuntary servitude, or involve a minor in child sexually abusive activity. It is a felony punishable by life or any term of years, a fine up to $50,000, or both. Unlawful imprisonment (knowingly restraining someone using a weapon or dangerous instrument, by secretly confining them, or to help commit another felony or escape after one) is a felony with up to 15 years and/or a $20,000 fine.

Threatening to commit an act of terrorism and communicating the threat to anyone, or knowingly making a false report of terrorism, is a felony punishable by up to 20 years, a fine up to $20,000, or both. It is not a defense that the person did not intend to, or could not, carry out the threat.

Unlawfully driving away a motor vehicle (intentionally taking possession of another's vehicle without authority and driving or taking it away, or helping to do so) is a felony punishable by up to 5 years in state prison. Joyriding, called taking a motor vehicle without authority but without intent to steal, is a misdemeanor punishable by up to 2 years or a fine up to $1,500, which the court may reduce to 3 months or $500 for a first offense; it does not apply to employees whose job gives them authority to drive the vehicle. Knowingly receiving, possessing or concealing a stolen motor vehicle is a felony with up to 5 years and/or a fine up to $10,000 or three times the vehicle's value, and up to 10 years with a prior conviction.

Buying, receiving, possessing, concealing or helping conceal stolen, embezzled or converted property, knowing or having reason to know it was stolen, is graded by value, with each fine being the stated amount or three times the property's value, whichever is greater: under $200, a misdemeanor with up to 93 days and $500; $200 to under $1,000 (or under $200 with a prior conviction), a misdemeanor with up to 1 year and $2,000; $1,000 to under $20,000 (or $200 to under $1,000 with a prior), a felony with up to 5 years and $10,000; $20,000 or more (or $1,000 to under $20,000 with two or more priors), a felony with up to 10 years and $15,000. A stolen motor vehicle of any value is a felony with up to 5 years, or 10 years with a prior conviction.

Michigan's Organized Retail Crime Act makes it a felony to knowingly commit, organize, finance or conspire in organized retail crime, to possess merchandise known or believed to have been stolen from a retail merchant, or to disable anti-shoplifting devices or fire exit alarms to commit the crime. It is punishable by up to 5 years, a fine up to $5,000, or both. Restitution to the merchant and reimbursement of government costs are mandatory, unclaimed stolen merchandise is forfeited, and it is no defense that police-supplied property was not actually stolen.

Manufacturing, delivering or possessing with intent to deliver a Schedule 1 or 2 narcotic drug (such as heroin, fentanyl or cocaine) is a felony graded by weight: under 50 grams, up to 20 years and/or $25,000; 50 to under 450 grams, up to 20 years and/or $250,000; 450 to under 1,000 grams, up to 30 years and/or $500,000; 1,000 grams or more, life or any term of years and/or $1,000,000. Other Schedule 1, 2 or 3 drugs carry up to 7 years and/or $10,000, Schedule 4 up to 4 years and/or $2,000, and Schedule 5 up to 2 years. Illegal marijuana distribution is graded by amount, from up to 4 years for under 5 kilograms or fewer than 20 plants up to 15 years for 45 kilograms or 200 plants or more. The statute sets maximums rather than mandatory minimums, and a sentence for the largest narcotics amounts may run consecutively to another felony sentence.

Knowingly or intentionally acquiring or obtaining possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge is a felony punishable by up to 4 years, a fine up to $30,000, or both. Separately, making or possessing prescription forms or counterfeit prescription forms to deliver controlled substances is a felony with up to 7 years and/or $5,000.

Operating a vehicle while intoxicated (under the influence, at 0.08 or more, or with any Schedule 1 drug in the body) and causing serious impairment of a body function to another person is a felony punishable by up to 5 years, a $1,000 to $5,000 fine, or both. If the driver's alcohol content was 0.17 or more and they have a prior conviction within 7 years, the maximum is 10 years. The court may order the vehicle forfeited and, if it is not, must order it immobilized.

Operating a vehicle in a speed or acceleration contest, drag race, or attempt to set a speed record on a highway or any place open to the public (including parking areas), or assisting in one, is prohibited; two or more vehicles exceeding the lawful speed or accelerating rapidly from a common start is prima facie evidence of a drag race. It is a misdemeanor punishable by up to 90 days in jail, a fine up to $100, or both, and adds 4 points to the driving record. The Silver Lake State Park scramble area is exempt.

Operating a motorboat while under the influence of alcohol or a controlled substance, with a blood alcohol content of 0.08 or more, or with any Schedule 1 drug in the body is prohibited, as is operating while visibly impaired; operators under 21 may not have any bodily alcohol content. A first offense is a misdemeanor punishable by up to 93 days in jail, a $100 to $500 fine, and/or up to 45 days of community service; a second offense within 7 years requires a $200 to $1,000 fine plus jail (48 hours to 1 year) or community service; and a third offense is a felony with 1 to 5 years and/or a $500 to $5,000 fine. Causing serious impairment of a body function is a felony with up to 5 years and/or $1,000 to $5,000, and causing a death up to 15 years and/or $2,500 to $10,000.

Committing a fraudulent insurance act (such as knowingly presenting a false or misleading statement in support of a claim or an application, as defined in MCL 500.4503) is a felony punishable by up to 4 years, a fine up to $50,000, or both. Agreeing or conspiring to commit a fraudulent insurance act is a felony with up to 10 years and/or $50,000. Restitution is mandatory, and the court must notify the licensing authority when a licensed practitioner or insurer is found responsible.

Welfare fraud (obtaining or helping someone obtain public assistance by a willfully false statement, impersonation, fraudulent device or misuse of an access device, receiving more aid than one is entitled to, or failing to report income or other changes as required) is a misdemeanor when the amount involved is $500 or less and a felony when it is more than $500. When prosecution is not pursued, the state may recover the overpayment plus 5 percent annual interest. Unemployment benefits fraud (knowingly making false statements or hiding material facts to obtain or increase benefits) requires repayment plus damages equal to the amount obtained (1.5 times for a repeat violation); when $1,000 or more is obtained, it is also punishable by up to 1 year (under $25,000) or up to 2 years ($25,000 or more), or community service, and more than $3,500 but less than $25,000 is classified as a felony.

Corruptly giving, offering or promising anything of value to a public officer, agent or employee to influence any official act, vote, opinion or decision is a felony; because the section sets no specific penalty, the general felony penalty applies (up to 4 years and/or $5,000). An executive, legislative or judicial officer who corruptly accepts a bribe in exchange for a vote, opinion, judgment or appointment commits a felony punishable by up to 10 years and/or $5,000, forfeits the office, and is permanently disqualified from public office. Commercial bribery of an employee or agent to influence their actions in the employer's business, or accepting such a bribe, is a misdemeanor with up to 1 year and/or $1,000.

Failing to file a return or pay a tax when due, filing a false or fraudulent return or payment, or aiding tax evasion, when done with intent to defraud or evade a tax, is a felony punishable by up to 5 years, a fine up to $5,000, or both. A knowing violation of the tax administration act that is not covered by the felony provision is a misdemeanor with up to 1 year and/or $1,000. Knowingly swearing to a false return to help defraud the state is also perjury, and both the attorney general and county prosecutors may enforce these provisions.

Michigan calls sexual assault criminal sexual conduct (CSC), in four degrees. First degree CSC (sexual penetration with aggravating circumstances such as a victim under 13, force causing injury, being armed, help from others, or during another felony) is a felony punishable by life or any term of years; when the offender is 17 or older and the victim under 13, the minimum is 25 years, and lifetime electronic monitoring is required. Third degree CSC (penetration by force or coercion, with a victim known to be incapacitated or helpless, or with a 13- to 15-year-old, among other circumstances) is a felony punishable by up to 15 years. Second degree CSC (sexual contact with aggravating circumstances) is a felony punishable by up to 15 years, and fourth degree CSC (sexual contact by force or coercion or with an incapacitated victim, among others) is a misdemeanor punishable by up to 2 years and/or a $500 fine. Sex with a consenting teenager is covered on the age-of-consent page.

Sexual abuse of children is charged under the criminal sexual conduct statutes. Sexual penetration of a child under 13, or of a 13- to 15-year-old who is a household member, relative, or under the offender's authority (such as a teacher or child care worker), is first degree CSC, punishable by life or any term of years, with a 25-year minimum when the offender is 17 or older and the child under 13, and life without parole for an adult with a qualifying prior conviction. Sexual contact with a child under 13 (or a 13- to 15-year-old in those relationships) is second degree CSC, up to 15 years, with lifetime electronic monitoring for adult offenders against children under 13. Penetration of a 13- to 15-year-old is third degree CSC (up to 15 years), and sexual contact with a 13- to 15-year-old by someone at least 5 years older is fourth degree CSC (up to 2 years and/or $500).

Michigan calls child pornography child sexually abusive material. Knowingly possessing or accessing it is a felony punishable by up to 4 years and/or a $10,000 fine; distributing or promoting it is a felony punishable by up to 7 years and/or $50,000; and producing, arranging or financing child sexually abusive activity or material is a felony punishable by up to 20 years and/or $100,000. Each rises (to 10, 15 and 25 years respectively, with higher fines) when the material involves a prepubescent child, sadomasochistic abuse or bestiality, or includes a video or more than 100 images.

Using the internet or a computer to communicate with a minor, or someone believed to be a minor, for the purpose of committing listed sex crimes, child sexually abusive material offenses, kidnapping and other crimes is a separate offense whose penalty depends on the maximum for the underlying crime: up to 1 year (misdemeanor) for crimes punishable by under 1 year, rising in steps to up to 10 years and/or $5,000 for crimes with a 4- to 10-year maximum, up to 15 years and/or $10,000 for crimes with a 10- to 15-year maximum, and up to 20 years and/or $20,000 when the underlying crime carries 15 years or more or life.

Under Michigan's Sex Offenders Registration Act, offenders are placed in tiers: Tier I offenders register for 15 years, Tier II for 25 years, and Tier III for life (time in prison or civil commitment does not count toward the period). Willfully failing to register or comply is a felony punishable by up to 4 years and/or $2,000 with no prior convictions, up to 7 years and/or $5,000 with one prior, and up to 10 years and/or $10,000 with two or more priors. Willfully failing to comply with the in-person verification requirements is a misdemeanor punishable by up to 2 years and/or $2,000, and failing to pay the registration fee within 90 days is a misdemeanor punishable by up to 90 days.

A person convicted of a felony (a crime punishable by more than 1 year) may not possess, use, carry, sell or transport a firearm or ammunition until 3 years after paying all fines, serving all prison time and completing probation or parole. For a 'specified felony' (one involving force, controlled substances, firearms, explosives, burglary of an occupied dwelling or arson), the ban lasts until 5 years after those conditions are met and the person's rights are restored under MCL 28.424. Violating the ban is a felony punishable by up to 5 years and/or a $5,000 fine. Convictions that were expunged, set aside or pardoned do not count unless the order says otherwise; certain domestic violence misdemeanors carry an 8-year ban.

Michigan's computer crime law makes it a crime to intentionally access a computer to carry out a fraud scheme or obtain money, property or services by false pretenses; penalties follow the amount involved, from a misdemeanor punishable by up to 93 days (under $200) up to a felony punishable by up to 10 years ($20,000 or more, or three or more priors). Intentionally accessing a computer or network without authorization (or by exceeding authorization) to acquire, alter, damage, delete or destroy property, or inserting a harmful program, is a felony punishable by up to 5 years and/or $10,000, or up to 10 years and/or $50,000 with a prior conviction. Using a computer to commit another crime carries a separate penalty tied to the underlying crime, up to 20 years.

Michigan's eavesdropping law makes it a felony, punishable by up to 2 years and/or a $2,000 fine, for anyone present or not present during a private conversation to willfully use a device to eavesdrop on it without the consent of all parties. The statute defines eavesdropping as overhearing, recording, amplifying or transmitting the private discourse 'of others' without the permission of all persons engaged in it; whether a participant may record his or her own conversation without the others' consent is not stated in the statute and depends on court interpretation.

Intentionally making a false report of a crime to police, a 9-1-1 operator or another authorized government employee is a misdemeanor punishable by up to 93 days and/or $500 if the reported crime is a misdemeanor, and a felony punishable by up to 4 years and/or $2,000 if it is a felony. If the response causes physical injury, the penalty is up to 5 years and/or $20,000; serious impairment of a body function, up to 10 years and/or $25,000; and death, up to 15 years and/or a $25,000 to $50,000 fine. Falsely reporting or threatening certain offenses such as terrorism or explosives offenses is a felony punishable by up to 4 years (10 years for a repeat), and the court may order repayment of emergency response costs.

Michigan's hate crime law (formerly ethnic intimidation) applies when a person, because of the victim's actual or perceived race or color, religion, sex, sexual orientation, gender identity or expression, physical or mental disability, age, ethnicity, national origin, or association with people having those traits, uses force or violence, causes bodily injury, stalks, damages property, or makes a true threat to do so. A first violation is a felony punishable by up to 5 years and/or $10,000 (a threat alone, up to 2 years and/or $5,000); a repeat violation, or one committed with others, against a minor by someone 19 or older, or while armed, is punishable by up to 10 years and/or $15,000. Victims may also sue for the greater of triple damages or $25,000, plus attorney fees.

The Michigan Parole Board may revoke parole for cause, and must revoke it for a willful sex offender registration violation, certain drug crimes punishable by 4 or more years, or a violent felony committed on parole. For violations other than a new conviction, a fact-finding hearing must be held within 45 days after the parolee is returned, before one parole board member or an attorney hearings officer; the parolee gets written notice of the charges, full disclosure of the evidence, the right to a retained or appointed lawyer, to testify, present witnesses and documents, and to cross-examine adverse witnesses. A violation must be proved by a preponderance of the evidence; if it is not proved, the parolee is reinstated, and if it is, the board decides whether to revoke and must give written findings and reasons within 60 days.

In Michigan, violating a personal protection order (PPO) is punished as criminal contempt of court: an individual 17 or older who refuses or fails to comply with a PPO, if found guilty, must be imprisoned for up to 93 days and may be fined up to $500. A person under 17 is subject to the juvenile court's dispositional alternatives. Conduct that violates the order (such as assault or stalking) can also be prosecuted as a separate crime.

Michigan's juvenile court (family division) covers offenses by people under 18 (since October 1, 2021). Juveniles 14 or older can reach adult court in two ways. For a 'specified juvenile violation' (serious crimes listed by statute), the prosecutor may choose to authorize an adult complaint and warrant instead of filing a juvenile petition, so the case starts in adult court (automatic waiver). For any other felony, the prosecutor may ask the juvenile judge to waive jurisdiction; after finding probable cause, the judge decides whether waiver serves the best interests of the juvenile and the public, giving the most weight to the seriousness of the offense and the juvenile's prior record, and must waive if the juvenile was previously under adult-court jurisdiction.

Michigan does not have the death penalty. The Michigan Constitution states that no law shall be enacted providing for the penalty of death.

In Michigan, a person who has been convicted and sentenced to jail or prison may not vote while confined, whether the conviction was in a Michigan, other-state or federal court. People on probation or parole, and people who have been released, are not barred by this rule.

Voting rights return automatically on release from confinement; Michigan's bar applies only while a person is confined in jail or prison. Jury service is different: to qualify as a juror, a person must not have been convicted of a felony. Firearm rights after a felony return only after waiting periods: 3 years after paying all fines, serving all prison time and completing probation or parole, or for a 'specified felony' (involving force, drugs, firearms, explosives, burglary of an occupied dwelling or arson), 5 years plus restoration of rights under MCL 28.424.

Michigan's habitual offender laws raise the maximum sentence for repeat felons. Second felony: up to 1.5 times the longest term for a first conviction (or life, if the new felony carries life). Third felony: up to twice the longest term (or life). Fourth or later felony: up to life if the new felony carries 5 years or more, or up to 15 years if it carries less than 5 years. A fourth-offense conviction for a listed 'serious crime' (specified violent and sexual offenses against a person) carries a mandatory minimum of 25 years when at least one prior is a 'listed prior felony.' Major drug offenses are sentenced under the Public Health Code instead.

Michigan regulates intoxicating hemp THC as marijuana. Since October 11, 2021, 'THC' under the adult-use marijuana law includes THCA and any tetrahydrocannabinol (and its isomers), whether artificially or naturally derived, unless the Cannabis Regulatory Agency excludes it, so delta-8 and similar compounds count. A consumable product with more than 0.3% THC, or with more total THC than the limit set by the Cannabis Regulatory Agency, is 'marihuana,' which may be sold only through the state-licensed cannabis system to adults 21 and older. Hemp products at or below those limits are 'industrial hemp' and are not marijuana.

Psilocybin and psilocyn are Schedule 1 controlled substances in Michigan. Unlike most Schedule 1 drugs (a felony), possessing psilocybin or psilocyn is a misdemeanor punishable by up to 1 year in jail and/or a fine of up to $2,000.

Kratom and its alkaloids (mitragynine and 7-hydroxymitragynine) are not listed in Michigan's Schedule 1 of controlled substances.

Hemp CBD products are legal in Michigan when they qualify as 'industrial hemp': a consumable product must have a THC concentration of 0.3% or less and a total amount of THC no greater than the limit set by the Cannabis Regulatory Agency, in the form sold to consumers. A product that exceeds either limit is treated as marijuana and may be sold only in the licensed cannabis system.

In Michigan, no one may sell, give or furnish a tobacco product, vapor product (e-cigarette) or alternative nicotine product to a person under 21, and sellers must check photo ID of buyers who appear under 27. A seller's violation is a misdemeanor with fines up to $100 for a first offense, $500 for a second and $2,500 for later offenses. A minor who buys, possesses or publicly uses tobacco products commits a misdemeanor with a fine of up to $50 and community service or a health promotion program; for vapor and alternative nicotine products, the first two violations are state civil infractions (fine up to $50) and a third is a misdemeanor.

Michigan's vulnerable adult abuse law protects adults 18 or older who, because of age, disability or illness, need supervision or personal care. Abuse by a caregiver ranges from fourth degree (reckless physical harm or an unreasonable risk of harm; misdemeanor, up to 1 year and/or $1,000) and third degree (intentional physical harm; misdemeanor, up to 2 years and/or $2,500) to second degree (reckless serious physical or mental harm; felony, up to 4 years and/or $5,000) and first degree (intentional serious physical or mental harm; felony, up to 15 years and/or $10,000). Financially exploiting a vulnerable adult through fraud, deceit, coercion or unjust enrichment is graded by value, from a misdemeanor under $200 (up to 93 days) up to a felony of up to 20 years for $100,000 or more.

In Michigan, secretly watching a person who is undressed or in undergarments where the person has a reasonable expectation of privacy is a felony punishable by up to 2 years and/or a $2,000 fine (up to 5 years and/or $5,000 for a repeat offense). Photographing or recording such a person, or distributing images known to have been obtained this way, is a felony punishable by up to 5 years and/or $5,000.

In Michigan, assaulting, battering, wounding, resisting or obstructing a police officer, conservation officer, sheriff, constable, firefighter, emergency medical worker or search-and-rescue worker whom the person knows is performing their duties is a felony punishable by up to 2 years and/or $2,000. If it causes bodily injury requiring medical care, the maximum is 4 years and/or $5,000; serious impairment of a body function, 15 years and/or $10,000; death, 20 years and/or $20,000. By comparison, ordinary assault or assault and battery is a misdemeanor punishable by up to 93 days and/or a $500 fine.