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Michigan Criminal Code: Disorderly Persons

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Disorderly person; subsequent violations by person convicted of refusing or neglecting to support family

Published: 9 months ago
Subcategory:
Disorderly Persons

THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.167 Disorderly person; subsequent violations by person convicted of refusing or neglecting to support family; breastfeeding or expressing breast milk exempt. Sec. 167.

(1) A person is a disorderly person if the person is any of the following: (a) A person of sufficient ability who refuses or neglects to support his or her family. (b) A common prostitute. (c) A window peeper. (d) A person who engages in an illegal occupation or business. (e) A person who is intoxicated in a public place and who is either endangering directly the safety of another person or of property or is acting in a manner that causes a public disturbance. (f) A person who is engaged in indecent or obscene conduct in a public place. (g) A vagrant. (h) A person found begging in a public place. (i) A person found loitering in a house of ill fame or prostitution or place where prostitution or lewdness is practiced, encouraged, or allowed. (j) A person who knowingly loiters in or about a place where an illegal occupation or business is being conducted. (k) A person who loiters in or about a police station, police headquarters building, county jail, hospital, court building, or other public building or place for the purpose of soliciting employment of legal services or the services of sureties upon criminal recognizances. (l) A person who is found jostling or roughly crowding people unnecessarily in a public place. (2) If a person who has been convicted of refusing or neglecting to support his or her family under this section is charged with subsequent violations within a period of 2 years, that person shall be prosecuted as a second offender or third and subsequent offender as provided in section 168, if the family of that person is then receiving public relief or support. (3) A mother's breastfeeding of a child or expressing breast milk does not constitute indecent or obscene conduct under subsection (1) regardless of whether or not her areola or nipple is visible during or incidental to the breastfeeding or expressing of breast milk.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1939, Act 84, Eff. Sept. 29, 1939 ;-- CL 1948, 750.167 ;-- Am. 1956, Act 110, Eff. Aug. 11, 1956 ;-- Am. 1964, Act 144, Eff. Aug. 28, 1964 ;-- Am. 1969, Act 328, Eff. Mar. 20, 1970 ;-- Am. 1974, Act 340, Eff. Jan. 1, 1977 ;-- Am. 1977, Act 109, Eff. Jan. 15, 1978 ;-- Am. 2014, Act 199, Imd. Eff. June 24, 2014 Former Law: See section 1 of Act 264 of 1889, being How., § 1997a; CL 1897, § 5923; CL 1915, § 7774; CL 1929, § 9090; and Act 35 of 1927.

Simplified Explanation of Michigan Penal Code Section 750.167

This part of the Michigan Penal Code defines what makes a person "disorderly" and the subsequent offenses for someone previously convicted of failing to support their family.

  1. Defining a Disorderly Person: A person can be classified as disorderly if they are:
    • Able but refusing or neglecting to support their family.
    • A prostitute.
    • Someone who peeps through windows.
    • Engaging in an illegal occupation or business.
    • Intoxicated in public and endangering people or property or causing a public disturbance.
    • Conducting indecent or obscene behavior in public.
    • A vagrant (a person without a settled home or regular work).
    • Begging in a public place.
    • Loitering (hanging around) in a place where illegal activities, such as prostitution or lewd behavior, are happening.
    • Loitering around places like police stations, court buildings, etc., to solicit (offer) employment of legal services or bail bond services.
    • Unnecessarily jostling or crowding people in a public place.
  2. Subsequent Violations for Failing to Support Family: If a person was previously convicted of refusing or neglecting to support their family and is charged again within 2 years, they will be treated as a second or third (and subsequent) offender, especially if their family is receiving public aid.
  3. Breastfeeding Exemption: A mother breastfeeding a child or expressing breast milk does not count as indecent or obscene conduct, even if her nipple or areola is visible during or incidental to the act.

Please note that this is a simplified explanation of the law and should not be used as legal advice. Always consult with a legal professional for matters related to law.

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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