THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.157b Solicitation to commit murder or felony; penalty; affirmative defense. Sec. 157b.

(1) For purposes of this section, "solicit" means to offer to give, promise to give, or give any money, services, or anything of value, or to forgive or promise to forgive a debt or obligation. (2) A person who solicits another person to commit murder, or who solicits another person to do or omit to do an act which if completed would constitute murder, is guilty of a felony punishable by imprisonment for life or any term of years. (3) Except as provided in subsection (2), a person who solicits another person to commit a felony, or who solicits another person to do or omit to do an act which if completed would constitute a felony, is punishable as follows: (a) If the offense solicited is a felony punishable by imprisonment for life, or for 5 years or more, the person is guilty of a felony punishable by imprisonment for not more than 5 years or by a fine not to exceed $5,000.00, or both. (b) If the offense solicited is a felony punishable by imprisonment for a term less than 5 years or by a fine, the person is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or by a fine not to exceed $1,000.00, or both, except that a term of imprisonment shall not exceed 1/2 of the maximum imprisonment which can be imposed if the offense solicited is committed. (4) It is an affirmative defense to a prosecution under this section that, under circumstances manifesting a voluntary and complete renunciation of his or her criminal purpose, the actor notified the person solicited of his or her renunciation and either gave timely warning and cooperation to appropriate law enforcement authorities or otherwise made a substantial effort to prevent the performance of the criminal conduct commanded or solicited, provided that conduct does not occur. The defendant shall establish by a preponderance of the evidence the affirmative defense under this subsection.

History: Add. 1968, Act 308, Eff. July 1, 1968 ;-- Am. 1986, Act 124, Eff. July 1, 1986 Constitutionality: Successive prosecutions for obstruction of justice under federal law, and inducing murder under MCL 750.157b, arising out of the same criminal act do not violate the guarantee against double jeopardy in the Michigan Constitution. People v Formicola, 407 Mich 293; 284 NW2d 334 (1979).

Understanding Michigan Law on Solicitation of a Crime: Section 750.157b of the Michigan Penal Code Simplified

Section 750.157b of the Michigan Penal Code pertains to solicitation of a crime. In simple English, it means the following:

"Solicitation" is defined as offering, promising, or giving anything of value, or forgiving or promising to forgive a debt or obligation to someone to persuade them to commit a crime.

1. If someone solicits another person to commit murder or to take or not take an action that would result in murder, they are guilty of a felony. The punishment for this crime can be life imprisonment or a term of years.
2. If someone solicits another person to commit a felony (a crime more serious than a misdemeanor), the punishment depends on the severity of the solicited offense:
   • If the solicited offense is a felony punishable by life imprisonment or for 5 years or more, the solicitor can be sentenced to a maximum of 5 years in prison, fined up to $5,000, or both.
   • If the solicited offense is a felony punishable by less than 5 years in prison or by a fine, the solicitor can be sentenced to a maximum of 2 years in prison, fined up to $1,000, or both. However, the prison term can't exceed half of the maximum sentence for the solicited offense.
3. There is a defense available for individuals prosecuted under this law. If they voluntarily and completely renounce their criminal intent, notify the person they solicited of their renunciation, and either warn law enforcement or make significant efforts to prevent the criminal act, they can use this as a defense in court. They must prove this defense with a preponderance of the evidence.

In simpler terms, this law states that offering something valuable to someone else to convince them to commit a serious crime (like murder) is a crime itself. The punishment for this crime depends on the severity of the crime being solicited. It also allows for a defense if the person who made the solicitation changes their mind and takes significant steps to prevent the crime.