THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.157s Use of revoked or cancelled financial transaction device with intent to defraud. Sec. 157s.
(1) A person who, for the purpose of obtaining goods, property, services, or anything of value, knowingly and with intent to defraud uses 1 or more financial transaction devices that have been revoked or canceled by the issuer of the device or devices, as distinguished from expired, and has received notice of the revocation or cancellation is guilty of a crime as follows: (a) If the value of the goods, property, services, or anything of value is less than $100.00, as follows: (i) For a first offense, a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. (ii) For an offense following 1 or more prior convictions under this section or a local ordinance substantially corresponding to this section, a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both. (b) If the value of the goods, property, services, or anything of value is $100.00 or more but less than $500.00, as follows: (i) For a first or second offense, a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00 or 3 times the aggregate value of the goods, property, services, or anything of value, whichever is greater, or both imprisonment and a fine. (ii) For an offense following 2 or more prior convictions under this section, a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both. For purposes of this subparagraph, however, a prior conviction does not include a conviction for a violation or attempted violation of subdivision (a). (c) If the value of the goods, property, services, or anything of value is $500.00 or more, a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00 or 3 times the aggregate value of the goods, property, services, or anything of value, whichever is greater, or both imprisonment and a fine. (2) The values of goods, property, services, or things of value obtained in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value of goods, property, services, or things of value obtained. (3) 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. (4) If the sentence for a conviction under this section is enhanced by 1 or more prior convictions, those prior convictions shall not be used to further enhance the sentence for the conviction pursuant to section 10, 11, or 12 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.
History: Add. 1967, Act 255, Eff. Nov. 2, 1967 ;-- Am. 1968, Act 183, Eff. Nov. 15, 1968 ;-- Am. 1987, Act 276, Eff. Mar. 30, 1988 ;-- Am. 1998, Act 312, Eff. Jan. 1, 1999
Simplified Explanation of Michigan Penal Code Section 750.157s
This section of the Michigan Penal Code discusses the illegal use of revoked or cancelled financial transaction devices, like credit cards or debit cards, with an intention to defraud. Here is a simplified explanation:
If someone knowingly uses a financial transaction device that has been cancelled or revoked by the issuer (not just expired) with the intention to defraud and obtain goods, services, or anything of value, and they've been notified about the revocation or cancellation, they are guilty of a crime. The severity of the crime depends on the value of the goods or services they obtained using the revoked or cancelled device:
- If the value of the goods or services is less than $100:
- For a first offense, it's a misdemeanor punishable by up to 93 days in prison, a fine up to $500, or both.
- For any subsequent offenses, it's a misdemeanor punishable by up to 1 year in prison, a fine up to $1,000, or both.
- If the value is between $100 and $500:
- For a first or second offense, it's a misdemeanor punishable by up to 1 year in prison, a fine up to $1,000 or 3 times the value of the goods or services (whichever is greater), or both.
- For any subsequent offenses, it's a felony punishable by up to 2 years in prison, a fine up to $2,000, or both. However, previous convictions for the less than $100 category do not count here.
- If the value is $500 or more, it's a felony punishable by up to 2 years in prison, a fine up to $2,000 or 3 times the value of the goods or services (whichever is greater), or both.
The values of goods or services obtained from separate incidents within a 12-month period can be added together to determine the total value.
If the prosecutor intends to seek an enhanced sentence based on prior convictions, they must list those convictions. The existence of prior convictions will be determined by the court at sentencing or at a separate hearing before sentencing. The existence of a prior conviction can be established through various forms of evidence including a copy of the judgment of conviction, a transcript of a prior trial or plea, information in a presentence report, or the defendant's statement.
If the sentence for a conviction under this section is enhanced by prior convictions, those prior convictions can't be used to further enhance the sentence under sections 10, 11, or 12 of chapter IX of the code of criminal procedure.