Bill Text: MI HB5231 | 2013-2014 | 97th Legislature | Chaptered


Bill Title: Crimes; prostitution; gender references in certain prostitution statutes; eliminate. Amends secs. 452, 455, 456, 457, 458, 459 & 460 of 1931 PA 328 (MCL 750.452 et seq.).

Spectrum: Bipartisan Bill

Status: (Passed) 2014-10-22 - Assigned Pa 331'14 With Immediate Effect [HB5231 Detail]

Download: Michigan-2013-HB5231-Chaptered.html

Act No. 331

Public Acts of 2014

Approved by the Governor

October 15, 2014

Filed with the Secretary of State

October 16, 2014

EFFECTIVE DATE: October 16, 2014

STATE OF MICHIGAN

97TH LEGISLATURE

REGULAR SESSION OF 2014

Introduced by Reps. Graves, Heise, Haines, Lamonte, Hovey-Wright, Lauwers, LaVoy, Price, Rogers, Slavens, Singh, Darany, Brinks, Haveman, Kowall, Zorn, Cavanagh, O’Brien, Barnett, Driskell, Haugh, Brown, Roberts, Banks, Lyons, Lane, Tlaib, McCready, Irwin and Kivela

ENROLLED HOUSE BILL No. 5231

AN ACT to amend 1931 PA 328, entitled “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 criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending sections 452, 455, 456, 457, 458, 459, and 460 (MCL 750.452, 750.455, 750.456, 750.457, 750.458, 750.459, and 750.460).

The People of the State of Michigan enact:

Sec. 452. A person who keeps, maintains, or operates, or aids and abets in keeping, maintaining, or operating, a house of ill-fame, bawdy house, or any house or place resorted to for the purpose of prostitution or lewdness is guilty of a felony punishable by imprisonment for not more than 5 years or by a fine of not more than $5,000.00, or both.

Sec. 455. A person who does any of the following is guilty of a felony punishable by imprisonment for not more than 20 years:

(a) Procures an inmate for a house of prostitution.

(b) Induces, persuades, encourages, inveigles, or entices a person to become a prostitute.

(c) By promise, threat, or violence, or by any device or scheme, causes, induces, persuades, encourages, takes, places, harbors, inveigles, or entices a person to become an inmate of a house of prostitution or assignation place or any place where prostitution is practiced, encouraged, or allowed.

(d) By any promise or threat, or by violence or any device or scheme, causes, induces, persuades, encourages, inveigles, or entices an inmate of a house of prostitution or place of assignation to remain there as an inmate.

(e) By any promise or threat, or by violence, any device or scheme, fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, or having legal charge, takes, places, harbors, inveigles, entices, persuades, encourages, or procures any person to engage in prostitution.

(f) Inveigles, entices, persuades, encourages, or procures any person to come into this state or to leave this state for the purpose of prostitution.

(g) Upon the pretense of marriage, takes or detains a person for the purpose of sexual intercourse.

(h) Receives or gives, or agrees to receive or give, any money or thing of value for procuring or attempting to procure any person to become a prostitute or to come into this state or leave this state for the purpose of prostitution.

Sec. 456. Any person who by force, fraud, intimidation, or threat places or leaves, or procures any other person to place or leave, his or her spouse in a house of prostitution or to lead a life of prostitution, is guilty of a felony punishable by imprisonment for not more than 20 years.

Sec. 457. (1) Any person who knowingly accepts, receives, levies, or appropriates any money or valuable thing without consideration from the proceeds of the earnings of any person engaged in prostitution, or any person, knowing a person to be a prostitute, who lives or derives support or maintenance, in whole or in part, from the earnings or proceeds of the prostitution of a prostitute, or from money loaned or advanced to or charged against a prostitute by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, is guilty of a felony punishable by imprisonment for not more than 20 years.

(2) The acceptance, receipt, levy, or appropriation of money or any thing of value described in subsection (1) is presumptive evidence of lack of consideration.

Sec. 458. Any person who attempts to detain any person in a disorderly house or house of prostitution because of any debt or debts the person has contracted, or is said to have contracted while living in that house, is guilty of a felony punishable by imprisonment for not less than 2 years or more than 20 years.

Sec. 459. (1) A person who knowingly transports or causes to be transported, or aids or assists in obtaining transportation for, by any means of conveyance, into, through or across this state, any person for the purpose of prostitution or with the intent and purpose to induce, entice or compel that person to become a prostitute is guilty of a felony, punishable by imprisonment for not more than 20 years.

(2) A person who violates this section may be prosecuted, indicted, tried, and convicted in any county or city in or through which he shall transport or attempt to transport any person in violation of this section.

Sec. 460. (1) It is not a defense to a prosecution for a violation of this chapter that any part of that violation was committed outside this state.

(2) A person who violates this chapter may be tried and punished in any county in which the prostitution was intended to be practiced, or in which the offense was consummated, or in which any overt act in furtherance of the offense was committed.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor