THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.120a Willfully attempting to influence juror by intimidation or other improper means; retaliating against person for having performed duties as juror; penalties. Sec. 120a.

(1) A person who willfully attempts to influence the decision of a juror in any case by argument or persuasion, other than as part of the proceedings in open court in the trial of the case, 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. (2) A person who willfully attempts to influence the decision of a juror in any case by intimidation, other than as part of the proceedings in open court in the trial of the case, is guilty of a crime as follows: (a) Except as provided in subdivisions (b) and (c), the person 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. (b) If the intimidation is committed in a criminal case for which the maximum term of imprisonment for the violation is more than 10 years, or the violation is punishable by imprisonment for life or any term of years, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $20,000.00, or both. (c) If the intimidation involved committing or attempting to commit a crime or a threat to kill or injure any person or to cause property damage, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $25,000.00, or both. (3) Subsections (1) and (2) do not prohibit any deliberating juror from attempting to influence other members of the same jury by any proper means. (4) A person who retaliates, attempts to retaliate, or threatens to retaliate against another person for having performed his or her duties as a juror is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $20,000.00, or both. As used in this subsection, "retaliate" means any of the following: (a) Committing or attempting to commit a crime against any person. (b) Threatening to kill or injure any person or threatening to cause property damage. (5) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law including any violation of law arising out of the same transaction as the violation of this section. (6) The court may order a term of imprisonment imposed for violating subsection (2) or (4) to be served consecutively to a term of imprisonment imposed for any other violation of law including any violation of law arising out of the same transaction as the violation of this section.

History: Add. 1955, Act 88, Eff. Oct. 14, 1955 ;-- Am. 2000, Act 450, Eff. Mar. 28, 2001 ;-- Am. 2003, Act 280, Imd. Eff. Jan. 8, 2004

Understanding Michigan Law on Influencing and Retaliating Against Jurors: Section 750.120a of the Michigan Penal Code Simplified

Section 750.120a of the Michigan Penal Code discusses the illegality of trying to influence a juror's decision through improper means or retaliating against a person for performing their duties as a juror. Here's a simplified explanation:

Illegal Actions:

• If a person attempts to influence a juror's decision in a case by means other than through the proceedings in open court, such as by argument or persuasion, they are breaking the law.
• Similarly, trying to influence a juror through intimidation, outside of the proceedings in open court, is illegal.
• Retaliation, attempted retaliation, or threats of retaliation against a person for performing their duties as a juror is illegal.

Penalties:

• Attempting to influence a juror by argument or persuasion is a misdemeanor punishable by up to 1 year in prison, a fine of up to $1,000, or both.
• Attempting to influence a juror through intimidation is a felony with penalties ranging depending on the severity of the case:
  • In general, the penalty is up to 4 years in prison, a fine of up to $5,000, or both.
  • If the intimidation is committed in a criminal case where the maximum prison sentence for the violation is over 10 years or where the violation could result in a life sentence or any number of years, the punishment could be up to 10 years in prison, a fine of up to $20,000, or both.
  • If the intimidation involves committing or attempting to commit a crime, or a threat to kill or injure a person or damage property, the punishment could be up to 15 years in prison, a fine of up to $25,000, or both.
• Retaliating, attempting to retaliate, or threatening to retaliate against a juror is a felony punishable by up to 10 years in prison, a fine of up to $20,000, or both.

Additional Information:

• A deliberating juror is allowed to try to influence other members of the same jury by any proper means.
• A person can still be charged with, convicted of, or punished for any other crime, including any violation of law coming from the same transaction as the violation of this section.
• The court may order that a prison term imposed for violating subsection (2) or (4) be served consecutively to a prison term imposed for any other crime, including any other violation of law coming from the same transaction as the violation of this section.

The Importance of Understanding Section 750.120a

This law plays a crucial role in preserving the integrity of the judicial system by protecting jurors from outside influence and retaliation. It ensures that jurors can freely perform their duties without fear of being intimidated, persuaded, or retaliated against, promoting a fair and unbiased legal process. The varying severity of punishments reflects the different levels of interference and their potential impact on the justice system.