THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.123 Officer omitting duty for reward. Sec. 123.
A sheriff, coroner, constable, peace officer, or any other officer authorized to serve process or arrest or apprehend offenders against criminal law who shall receive from a defendant or from any other person any money or other valuable thing or any service or promise to pay or give money or to perform or omit to perform any act as a consideration, reward, or inducement, for omitting or delaying to arrest any defendant, or to carry him or her before a magistrate, or for delaying to take any person to prison, or for postponing the sale of any property under an execution, or for omitting or delaying to perform any duty pertaining to his or her office, is guilty of a misdemeanor punishable by imprisonment for not more than 6 months or a fine of not more than $750.00. However, if that defendant is charged with an offense against the criminal laws of this state, an officer convicted under this section may be punished by any fine or by any term of imprisonment or both a fine and imprisonment, within the limits fixed by the statute that the defendant is charged with having violated.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.123 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003 Former Law: See section 21 of Ch. 156 of R.S. 1846, being CL 1857, § 5840; CL 1871, § 7673; How., § 9255; CL 1897, § 11325; CL 1915, § 14992; CL 1929, § 16583; and Act 242 of 1921.
Understanding Michigan Law on Official Misconduct: Section 750.123 of the Michigan Penal Code Simplified
Section 750.123 of the Michigan Penal Code deals with illegal activities of certain law enforcement or public officers in relation to their duties. Here's a simplified explanation:
Illegal Actions:
- If you're a sheriff, coroner, constable, peace officer, or any other officer who has the authority to serve process, arrest, or apprehend offenders against the law, it's illegal for you to accept any money, valuable item, service, or promise in exchange for not performing or delaying to perform any of your duties.
- This includes delaying to arrest a defendant, carry them before a magistrate, take a person to prison, postponing the sale of any property under an execution, or any other duty pertaining to your office.
Penalties:
- Violating this law is considered a misdemeanor and you can be punished by up to 6 months in prison or a fine of up to $750.
- However, if the person you were supposed to arrest is charged with a crime under Michigan law, and you accept a bribe to not perform your duties, your punishment could be increased to any fine or any term of imprisonment, or both a fine and imprisonment, within the limits set by the law that the defendant is alleged to have violated.
The Importance of Understanding Section 750.123
This law is crucial for maintaining the integrity of law enforcement and other public officers. It ensures that these officers carry out their duties faithfully and do not misuse their authority for personal gain. If they do, they could face serious penalties, which could be even greater if their actions interfere with the prosecution of a criminal.