Michigan Criminal Code: Conspiracy to Commit a Crime

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Conspiracy to Commit Offense or Legal Act in Illegal Manner

Published: 10 months ago

THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.157a Conspiracy to commit offense or legal act in illegal manner; penalty. Sec. 157a.

Any person who conspires together with 1 or more persons to commit an offense prohibited by law, or to commit a legal act in an illegal manner is guilty of the crime of conspiracy punishable as provided herein: (a) Except as provided in paragraphs (b), (c) and (d) if commission of the offense prohibited by law is punishable by imprisonment for 1 year or more, the person convicted under this section shall be punished by a penalty equal to that which could be imposed if he had been convicted of committing the crime he conspired to commit and in the discretion of the court an additional penalty of a fine of $10,000.00 may be imposed. (b) Any person convicted of conspiring to violate any provision of this act relative to illegal gambling or wagering or any other acts or ordinances relative to illegal gambling or wagering shall be punished by imprisonment in the state prison for not more than 5 years or by a fine of not more than $10,000.00, or both such fine and imprisonment. (c) If commission of the offense prohibited by law is punishable by imprisonment for less than 1 year, except as provided in paragraph (b), the person convicted under this section shall be imprisoned for not more than 1 year nor fined more than $1,000.00, or both such fine and imprisonment. (d) Any person convicted of conspiring to commit a legal act in an illegal manner shall be punished by imprisonment in the state prison for not more than 5 years or by a fine of not more than $10,000.00, or both such fine and imprisonment in the discretion of the court.

History: Add. 1966, Act 296, Eff. Mar. 10, 1967 Constitutionality: A mandatory life sentence imposed for conspiracy to commit first-degree murder, even if nonparolable, is not so excessive as to constitute cruel and unusual punishment; nor does it violate the Equal Protection Clauses of the Michigan and United States Constitutions. People v Fernandez, 427 Mich 321; 398 NW2d 311 (1986).

Understanding Michigan Law on Conspiracy: Section 750.157a of the Michigan Penal Code Simplified

Section 750.157a of the Michigan Penal Code addresses the crime of conspiracy, which involves agreeing with one or more individuals to commit an unlawful act, or to carry out a lawful act in an unlawful manner. Here's a simplified explanation:

If someone conspires with another person(s) to:

  1. Commit an act that is prohibited by law, or
  2. Commit a legal act in an illegal way

They are guilty of conspiracy.

The punishment for conspiracy depends on the nature of the act they conspired to commit:

(a) If the act is punishable by imprisonment for 1 year or more, the person convicted of conspiracy can receive the same penalty as if they had actually committed the act. The court may also impose an additional fine of up to $10,000.

(b) If someone is convicted of conspiring to violate any laws or regulations related to illegal gambling or wagering, they can be sentenced to up to 5 years in state prison, a fine of up to $10,000, or both.

(c) If the act is punishable by imprisonment for less than 1 year (except for cases covered in paragraph (b)), the person convicted of conspiracy can be imprisoned for up to 1 year, fined up to $1,000, or both.

(d) If someone is convicted of conspiring to commit a legal act in an illegal manner, they can be sentenced to up to 5 years in state prison, a fine of up to $10,000, or both, at the discretion of the court.

In simple terms, this law states that conspiring to commit an illegal act, or to do something legal in an illegal way, is a crime. The punishment depends on the severity of the act they planned to commit. It could range from a fine to a jail term or both.

This should be used for informational and general purposes only and should not be construed as legal advice or relied on aside for general information that may contain opinion.


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