January 22, 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 and referred to the Committee on Criminal Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 449a, 451, 452, 455, 456, 457, 458, 459, and
460 (MCL 750.449a, 750.451, 750.452, 750.455, 750.456, 750.457,
750.458, 750.459, and 750.460), section 451 as amended by 2002 PA
44.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
449a. Any male person who engages or offers to engage the
services
of a female another person
, not his wife, for the purpose
of prostitution, lewdness, or assignation, by the payment in money
or
any other forms form of consideration, is
guilty of a
misdemeanor
crime punishable as provided
in section 451. Any person
convicted
of violating this section shall be subject to the
provisions
of Act No. 6 of the Public Acts of the Second Extra
Session
of 1942, being sections 329.201 to 329.208 of the Compiled
Laws
of 1948.
Sec. 451. (1) Except as otherwise provided in this section, a
person convicted of violating section 448, 449, 449a, 450, or 462
is guilty of a misdemeanor punishable by imprisonment for not more
than 93 days or a fine of not more than $500.00, or both.
(2)
A Except as provided in
subsection (5), a person 16 years
of
age or older who is convicted of
violating section 448, 449,
449a, 450, or 462 and who has 1 prior conviction is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or
a fine of not more than $1,000.00, or both.
(3)
A Except as provided in
subsection (5), a person convicted
of violating section 448, 449, 449a, 450, or 462 and who has 2 or
more prior convictions is guilty of a felony punishable by
imprisonment
for not more than 2 years , or a
fine of not more than
$2,000.00, or both.
(4) If the prosecuting attorney intends to seek an enhanced
sentence based upon the defendant having 1 or more prior
convictions, the prosecuting attorney shall include on the
complaint and information a statement listing the prior conviction
or convictions. The existence of the defendant's prior conviction
or convictions shall be determined by the court, without a jury, at
sentencing or at a separate hearing for that purpose before
sentencing. The existence of a prior conviction may be established
by any evidence relevant for that purpose, including, but not
limited to, 1 or more of the following:
(a) A copy of the judgment of conviction.
(b) A transcript of a prior trial, plea-taking, or sentencing.
(c) Information contained in a presentence report.
(d) The defendant's statement.
(5) A person convicted of a violation of section 449a in which
the other person was under 18 years of age at the time of the
violation is guilty of a felony punishable by imprisonment for not
more than 4 years or a fine of not more than $5,000.00, or both.
(6) (5)
As used in this section,
"prior conviction" means a
violation of section 448, 449, 449a, 450, or 462 or a violation of
a law of another state or of a political subdivision of this state
or another state substantially corresponding to section 448, 449,
449a, 450, or 462.
Sec.
452. Keeping, etc., a house of ill-fame—Any A person
who
shall
keep, maintain keeps,
maintains, or operate, operates, or aid
aids
and abet 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 shall be is guilty of a felony
,
punishable by imprisonment in
the state prison for not more than
5
years or by a fine of not more than 2,500 dollars.$5,000.00, or
both.
Sec.
455. Pandering—Any A person who shall procure a female
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. ; or who
shall
induce, persuade, encourage, inveigle or entice a female
(b) Induces, persuades, encourages, inveigles, or entices a
person
to become a prostitute. ; or who by promises, threats,
violence
(c) By promise, threat, or violence, or by any device or
scheme,
shall cause, induce, persuade, encourage, take, place,
harbor,
inveigle or entice a female 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. ;
or any person who shall, by promises, threats,
(d)
By any promise or threat, or by violence
or by any device
or
scheme, cause, induce, persuade, encourage, inveigle or entice
causes, induces, persuades, encourages, inveigles, or entices an
inmate of a house of prostitution or place of assignation to remain
therein
there as such an inmate. ;
or any person who by promises,
threats,
(e)
By any promise or threat, or by violence,
by any device or
scheme,
by fraud or artifice, or by duress of person or goods, or
by abuse of any position of confidence or authority, or having
legal
charge, shall take, place, harbor, inveigle, entice,
persuade,
encourage takes, places,
harbors, inveigles, entices,
persuades,
encourages, or procure procures any
female person to
enter
any place within this state in which prostitution is
practiced,
encouraged or allowed, for the purpose of engage in
prostitution. ;
or who shall inveigle, entice, persuade, encourage,
or
procure
(f) Inveigles, entices, persuades, encourages, or procures any
female
person to come into this state or
to leave this state for
the
purpose of prostitution. ; or who upon
(g)
Upon the pretense of marriage,
takes or detains a female
person
for the purpose of sexual intercourse.
; or who shall
receive
or give or agree
(h) Receives or gives, or agrees to receive or give, any money
or
thing of value for procuring or attempting to procure any female
person to become a prostitute or to come into this state or leave
this
state for the purpose of prostitution.
, shall be guilty of a
felony,
punishable by imprisonment in the state prison for not more
than
20 years.
Sec.
456. Placing wife by fraud, etc., in house of
prostitution—Any
Any person who by force, fraud, intimidation, or
threat places or leaves, or procures any other person to place or
leave, his wife
or her spouse in a house of prostitution or to lead
a
life of prostitution, shall be is
guilty of a felony , punishable
by
imprisonment in the state prison for not more than 20 years.
Sec.
457. (1) Accepting money, etc., from earnings of
prostitute—Any
Any person who shall knowingly accept,
receive, levy
accepts,
receives, levies, or appropriate appropriates any money or
valuable thing without consideration from the proceeds of the
earnings
of any woman person engaged in prostitution, or any
person,
knowing a female person to be a prostitute, shall live who
lives
or derive derives support
or maintenance, in whole or in
part,
from the earnings or proceeds of the prostitution of said a
prostitute,
or from moneys money loaned or advanced to or charged
against
her a prostitute by any keeper or manager or inmate of a
house or other place where prostitution is practiced or allowed,
shall
be is guilty of a felony , punishable by imprisonment in the
state
prison for not more than 20 years. And such
(2)
The acceptance, receipt, levy, or
appropriation of such
money
or valuable any thing , shall, upon any proceeding or trial
for
violation of this section, be of
value described in subsection
(1) is presumptive evidence of lack of consideration.
Sec.
458. Detaining female in house of prostitution for debt
contracted
while there—Any Any person who attempts to detain any
female
person in a disorderly house or
house of prostitution
because
of any debt or debts she the
person has contracted, or is
said
to have contracted while living in said that house, shall be
is
guilty of a felony , punishable by imprisonment in the state
prison
for not less than 2 nor years or more
than 20 years.
Sec.
459. (1) Transporting female for prostitution—Any A
person
who shall knowingly transport transports or cause causes to
be
transported, or aid aids or assist assists in obtaining
transportation for, by any means of conveyance, into, through or
across
this state, any female person for the purpose of
prostitution or with the intent and purpose to induce, entice or
compel
such female that person to become a prostitute shall be is
guilty
of a felony, punishable by imprisonment in the state prison
for
not more than 20 years. ; any
(2)
A person who may commit the crime in
violates this section
mentioned
may be prosecuted, indicted, tried, and
convicted in any
county
or city in or through which he shall so transport or attempt
to
transport any female person as aforesaid.in violation of this
section.
Sec.
460. (1) Acts committed outside state—It shall It is not
be
a defense to a prosecution for any
of the acts prohibited in the
next
5 preceding sections a
violation of this chapter that any part
of
such act or acts shall have been that violation was committed
outside
this state. , and the offense shall in such case be deemed
and
alleged to have been committed and the offender
(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 shall have been was
committed.