Text of MI HB 4539 (2023)
Crimes: crimes against minors; sentencing guideline for providing puberty-blocking drugs or genital gender reassignment surgery to anyone under 18 years of age; enact. Amends sec. 16g, ch. XVII of 1927 PA 175 (MCL 777.16g). TIE BAR WITH: HB 4540'23
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As introduced
7,629 characters
HOUSE BILL NO. 4539
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 16g of chapter XVII (MCL
777.16g), as amended by 2020 PA 50.
the people of the state of michigan enact:
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CHAPTER XVII
Sec. 16g. (1) This chapter applies to the
following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L.
Category
Class
Description
Stat
Max
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
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28
750.135
Person
D
Exposing
children with intent to injure or abandon
10
750.135a(2)(c)
Person
D
Leaving
child unattended in vehicle resulting in serious physical harm
10
750.135a(2)(d)
Person
B
Leaving
child unattended in vehicle resulting in death
15
750.135b
Person
F
Providing certain drugs or surgery to a
minor for gender transition
4
750.136
Person
B
Female
genital mutilation violation
15
750.136a
Person
B
Transporting
person for purpose of female genital mutilation
15
750.136b(2)
Person
A
First
degree child abuse
Life
750.136b(4)(a)
Person
C
Second
degree child abuse — first offense
10
750.136b(4)(b)
Person
B
Second
degree child abuse — with prior conviction
20
750.136b(6)(a)
Person
G
Third
degree child abuse – first offense
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
750.136b(6)(b)
Person
E
Third
degree child abuse – with prior conviction
5
750.136b(8)(b)
Person
G
Fourth
degree child abuse – with prior conviction
2
750.136c
Person
B
Buying
or selling an individual
20
750.136d(1)(a)
Person
A
First
degree child abuse in presence of another child
Life
750.136d(1)(b)
Person
D
Second
degree child abuse in presence of another child – first offense
10
750.136d(1)(c)
Person
B
Second
degree child abuse in presence of another child – second or subsequent
offense
20
750.136d(1)(d)
Person
G
Third
degree child abuse in presence of another child
2
750.145a
Person
F
Soliciting
child to commit an immoral act
4
750.145b
Person
D
Accosting
children for immoral purposes with prior conviction
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
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24
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750.145c(2)(a)
Person
B
Producing
child sexually abusive activity or material
20
750.145c(2)(b)
Person
B
Aggravated
producing of child sexually abusive activity or material
25
750.145c(3)(a)
Person
D
Distributing,
promoting, or financing the distribution of child sexually abusive activity
or material
7
750.145c(3)(b)
Person
C
Aggravated
distributing, promoting, or financing the distribution of child sexually
abusive activity or material
15
750.145c(4)(a)
Person
F
Possessing
child sexually abusive material
4
750.145c(4)(b)
Person
B
Aggravated
possession of child sexually abusive material
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
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750.145d(2)(b)
Variable
G
Using
internet or computer to commit crime punishable by a maximum term of
imprisonment of at least 1 year but less than 2 years
2
750.145d(2)(c)
Variable
F
Using
internet or computer to commit crime punishable by a maximum term of
imprisonment of at least 2 years but less than 4 years
4
750.145d(2)(d)
Variable
D
Using
internet or computer to commit crime punishable by a maximum term of
imprisonment of at least 4 years but less than 10 years
10
750.145d(2)(e)
Variable
C
Using
internet or computer to commit crime punishable by a maximum term of
imprisonment of at least 10 years but less than 15 years
15
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
750.145d(2)(f)
Variable
B
Using
internet or computer to commit crime punishable by a maximum term of
imprisonment of at least 15 years or for life
20
750.145n(1)
Person
C
First
degree vulnerable adult abuse
15
750.145n(2)
Person
F
Second
degree vulnerable adult abuse
4
750.145n(3)
Person
G
Third
degree vulnerable adult abuse
2
750.145o
Person
E
Death
of vulnerable adult caused by unlicensed caretaker
5
750.145p(1)
Person
G
Commingling
funds of, obstructing investigation regarding, or filing false information
regarding, vulnerable adult
2
750.145p(2)
Person
G
Retaliation
or discrimination by caregiver against vulnerable adult
2
1
2
3
4
5
6
7
8
9
10
11
12
13
750.145p(5)
Person
E
Caregiver
or licensee violation against vulnerable adult — second or subsequent offense
5
750.147b
Person
G
Ethnic
intimidation
2
(2) For a
violation of section 145d of the Michigan penal code, 1931 PA 328, MCL
750.145d, determine the offense category, offense variable level, and prior
record variable level based on the underlying offense.
Enacting section 1. This amendatory act
does not take effect unless Senate Bill No.____ or House Bill No. 4540 (request
no. 02486'23) of the 102nd Legislature is enacted into law.