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Accosting, Enticing or Soliciting Child for Immoral Purpose; Prior Conviction; Penalty - Mich. Comp. Laws Section 750.145b

Legal Research Home > Michigan Laws > Michigan Penal Code > Accosting, Enticing or Soliciting Child for Immoral Purpose; Prior Conviction; Penalty - Mich. Comp. Laws Section 750.145b

Sec. 145b.

(1) A person convicted of violating section 145a who has 1 or more prior convictions is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both.

(2) 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.

(3) As used in this section, "prior conviction" means a violation of section 145a or a violation of a law of another state substantially corresponding to section 145a.

History: Add. 1935, Act 174, Eff. Sept. 21, 1935 ;-- Am. 1939, Act 88, Eff. Sept. 29, 1939 ;-- CL 1948, 750.145b ;-- Am. 2002, Act 45, Eff. June 1, 2002

Last modified: March 17, 2013