November 29, 2005, Introduced by Reps. Van Regenmorter, Proos, Moore, Gosselin, Pavlov, Sak and Moolenaar 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:
Sec.
349. Confining person against will, etc.--Any person who
wilfully,
maliciously and without lawful authority shall forcibly
or
secretly confine or imprison any other person within this state
against
his will, or shall forcibly carry or send such person out
of
this state, or shall forcibly seize or confine, or shall
inveigle
or kidnap any other person with intent to extort money or
other
valuable thing thereby or with intent either to cause such
person
to be secretly confined or imprisoned in this state against
his
will, or in any way held to service against his will, shall be
guilty
of a felony, punishable by imprisonment in the state prison
for
life or for any term of years.
Every
offense mentioned in this section may be tried either in
the
county in which the same may have been committed or in any
county
in or through which the person so seized, taken, inveigled,
kidnaped
or whose services shall be sold or transferred, shall have
been
taken, confined, held, carried or brought; and upon the trial
of
any such offense, the consent thereto of the person, so taken,
inveigled,
kidnaped or confined, shall not be a defense, unless it
shall
be made satisfactorily to appear to the jury that such
consent
was not obtained by fraud nor extorted by duress or by
threats.
(1) A person commits the crime of kidnapping if he or she
knowingly restrains another person with the intent to do 1 or more
of the following:
(a) Hold that person for ransom or reward.
(b) Use that person as a shield or hostage.
(c) Engage in criminal sexual penetration or criminal sexual
contact with that person.
(d) Facilitate the commission of another felony or flight
after the commission of another felony.
(e) Hold that person in involuntary servitude.
(2) As used in this section, "restrain" means to restrict a
person's movements or to confine the person so as to interfere with
that person's liberty without that person's consent. The restraint
does not have to exist for any particular length of time and may be
related or incidental to the commission of other criminal acts.
(3) A person who commits the crime of kidnapping is guilty of
a felony punishable by imprisonment for life or any term of years
or a fine of not more than $50,000.00, or both.
(4) This section does not prohibit the person from being
charged with, convicted of, or sentenced for any other violation of
law arising from the same transaction as the violation of this
section.