Michigan Criminal Code: Escapes, Rescues, Jail and Prison Breaking

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Concealing or harboring person who has escaped

Published: 9 months ago

THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.199 Concealing or harboring person who has escaped; violation; penalties; "peace officer" defined. Sec. 199.

(1) A person who knowingly or willfully conceals or harbors for the purpose of concealment from a peace officer a person who has escaped or is escaping from lawful custody in violation of this chapter is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. (2) A person who knowingly or willfully conceals or harbors for the purpose of concealment from a peace officer a person who is the subject of 1 or more of the following is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both: (a) An arrest warrant for a misdemeanor. (b) A bench warrant in a civil case other than a civil infraction under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923. (c) A bench warrant in a criminal case if the underlying crime charged is a misdemeanor. (3) A person who knowingly or willfully conceals or harbors for the purpose of concealment from a peace officer a person who is the subject of 1 or more of the following 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: (a) An arrest warrant for a felony. (b) A bench warrant in a criminal case if the underlying crime charged is a felony. (4) As used in this section, "peace officer" means that term as defined in section 215.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.199 ;-- Am. 2006, Act 242, Eff. Sept. 28, 2006

Understanding Michigan Penal Code 750.199: Concealing or Harboring an Escaped Person

Michigan Penal Code 750.199 addresses the offense of knowingly or willfully concealing or harboring a person who has escaped or is escaping from lawful custody. The section specifies the penalties for such actions and provides a definition of "peace officer."

Concealing or Harboring an Escaped Person

  1. It is a misdemeanor offense for a person to knowingly or willfully conceal or harbor, with the purpose of concealment from a peace officer, a person who has escaped or is escaping from lawful custody in violation of the penal code. The maximum penalties for this offense include imprisonment for not more than 93 days, a fine of not more than $500.00, or both.
  2. It is also a misdemeanor offense to knowingly or willfully conceal or harbor, with the purpose of concealment from a peace officer, a person who is the subject of one or more of the following:
    • An arrest warrant for a misdemeanor.
    • A bench warrant in a civil case (excluding civil infractions under the Michigan Vehicle Code).
    • A bench warrant in a criminal case if the underlying crime charged is a misdemeanor.
  3. Furthermore, it is a felony offense to knowingly or willfully conceal or harbor, with the purpose of concealment from a peace officer, a person who is the subject of one or more of the following:
    • An arrest warrant for a felony.
    • A bench warrant in a criminal case if the underlying crime charged is a felony.
    The maximum penalties for this felony offense include imprisonment for not more than 4 years, a fine of not more than $5,000.00, or both.

Definition

  • Peace Officer: The term "peace officer" refers to the definition provided in section 215 of the Michigan Penal Code.

Historical Background

Michigan Penal Code 750.199 was enacted as part of Act 328 in 1931. The section establishes the legal consequences for concealing or harboring individuals who have escaped or are escaping from lawful custody. In 2006, Act 242 was passed, which likely introduced amendments to the section, although specific details of those amendments are not provided.

Please note that this summary provides a simplified explanation of Michigan Penal Code 750.199. For a comprehensive understanding of the law and its implications, it is advisable to consult with a legal professional.

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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