SENATE BILL NO. 1304


   September 17, 1998, Introduced by Senator EMMONS and referred 
        to the Committee on Judiciary.



        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending section 349 (MCL 750.349).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 349.  (1)  Confining person against will, etc.--Any  A

 2    person  who wilfully,  SHALL NOT WILLFULLY,
             maliciously, and

 3    without lawful authority  shall forcibly  DO ANY OF
             THE

 4    FOLLOWING:

 5         (A) FORCIBLY or secretly confine or imprison any other

 6    person within this state against his OR HER will.  , or
             shall

 7     forcibly 

 8         (B) FORCIBLY carry or send  such  ANY OTHER
             person out of

 9    this state.  , or shall forcibly 






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 1         (C) FORCIBLY seize,  or  confine,  or
             shall  inveigle, or

 2    kidnap any other person with THE intent to  extort 
             DO ANY OF THE

 3    FOLLOWING:

 4         (i) EXTORT money or ANY other valuable thing 
             thereby or

 5     with intent either to cause such  BY THE SEIZURE,
                       CONFINEMENT,

 6    INVEIGLING, OR KIDNAPPING.

 7         (ii) CAUSE THE person to be secretly confined or
             imprisoned

 8    in this state against his OR HER will.  , or 

 9         (ii) CAUSE THE PERSON in any way held to service against
             his

10    OR HER will.  , shall be 

11         (2) ASPORTATION OF THE OTHER PERSON IS NOT REQUIRED FOR A

12    VIOLATION OF SUBSECTION (1) INVOLVING FORCIBLE CONFINEMENT OR

13    IMPRISONMENT.

14         (3) A PERSON WHO VIOLATES SUBSECTION (1) IS guilty of a

15    felony  ,  punishable by imprisonment  in
             the state prison  for

16    life or  for  any term of years.

17         (4)  Every offense mentioned in  A VIOLATION
             OF this section

18    may be tried either in the county in which the  same may
             have

19     been  OFFENSE WAS committed or in any county in or
                       through which

20    the person  so  seized, taken, inveigled, 
             kidnaped  OR KIDNAPPED

21    or whose services  shall be  WERE sold or
             transferred  , shall

22     have been  WAS taken, confined, held, carried, or
                       brought.  ; and

23     upon the trial of any such offense, the 

24         (5) THE consent  thereto  of the person
              , so  taken, invei-

25    gled,  kidnaped  KIDNAPPED, or confined  ,
             shall  IS not  be  a

26    defense  ,  unless  it shall be made
             satisfactorily to appear to 

27    the  jury  TRIER OF FACT DETERMINES that 
             such  THE consent was



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 1    not obtained by fraud  nor  OR extorted by duress
             or  by 

 2    threats.




















































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