THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.213a Coercion to have abortion; prohibition; violation; penalty; other violations; definitions. Sec. 213a.

(1) A person having actual knowledge that a female individual is pregnant shall not do any of the following with the intent to coerce her to have an abortion against her will: (a) Commit, attempt to commit, or threaten to commit any of the following violations against her or any other person: (i) A violation of section 411h or section 411i. (ii) An assaultive crime. As used in this subparagraph, "assaultive crime" means that term as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a. (b) After being informed by a pregnant female that she does not want to obtain an abortion, engage in coercion as that term is defined in section 462a. (2) For purposes of subsection (1)(b), information that a pregnant female does not want to obtain an abortion includes any fact that would clearly demonstrate to a reasonable person that she is unwilling to comply with a request or demand to have an abortion. (3) A person who violates this section is guilty of a crime as follows: (a) For a violation of subsection (1)(a), the person is guilty of a crime punishable in the same manner as for the underlying offense committed, attempted, or threatened. (b) Except as provided in subdivision (c), for a violation of subsection (1)(b), the person is guilty of a misdemeanor punishable by a fine of not more than $5,000.00. (c) If the person is the father or putative father of the unborn child, the pregnant individual is less than 18 years of age at the time of the violation, and the person is 18 years of age or older at the time of the violation, the person is guilty of a misdemeanor punishable by a fine of not more than $10,000.00. (4) This section does not prohibit the person from being charged with, convicted of, or punished for any other violation of law committed while violating this section. (5) As used in this section: (a) "Course of conduct" means a pattern of conduct composed of a series of 2 or more separate noncontinuous acts evidencing a continuity of purpose. (b) "Threaten" means to make 2 or more statements or to engage in a course of conduct that would cause a reasonable person to believe that the individual is likely to act in accordance with the statements or the course of conduct. Threaten does not include constitutionally protected speech or any generalized statement regarding a lawful pregnancy option. (c) "Unborn child" means a live human being in utero regardless of his or her gestational stage of development.

History: Add. 2016, Act 149, Eff. Sept. 7, 2016

Understanding Michigan Penal Code 750.213a: Coercion to Have Abortion

Michigan Penal Code 750.213a addresses the offense of coercion to have an abortion. This section prohibits certain actions aimed at coercing a pregnant individual to undergo an abortion against their will and establishes penalties for violations. The key provisions of this law are summarized below:

Coercion to Have an Abortion

1. It is prohibited for a person who has actual knowledge that a female individual is pregnant to engage in any of the following acts with the intent to coerce her into having an abortion against her will: a. Committing, attempting to commit, or threatening to commit violations, including: i. Offenses defined in section 411h or section 411i of the law. ii. Assaultive crimes, as defined in section 9a of chapter X of the code of criminal procedure. b. After being informed by the pregnant female that she does not want an abortion, engaging in coercion as defined in section 462a.
2. For the purpose of subsection (1)(b), the pregnant female's indication that she does not want an abortion includes any information that clearly demonstrates her unwillingness to comply with a request or demand for an abortion.

Penalties

1. Violation of this section results in the following criminal charges: a. For a violation of subsection (1)(a), the person is charged and punished in the same manner as for the underlying offense committed, attempted, or threatened. b. For a violation of subsection (1)(b), except for specific circumstances mentioned in subdivision (c), the person is guilty of a misdemeanor punishable by a fine of up to $5,000.00. c. If the person is the father or putative father of the unborn child, the pregnant individual is under 18 years old at the time of the violation, and the person is 18 years old or older at the time of the violation, the person is guilty of a misdemeanor punishable by a fine of up to $10,000.00.

Other Provisions

1. This section does not prevent the person from being charged, convicted, or punished for any other violations of the law committed while engaging in coercion to have an abortion.
2. Definitions: a. "Course of conduct" refers to a pattern of behavior consisting of two or more separate noncontinuous acts that demonstrate a continuity of purpose. b. "Threaten" means making multiple statements or engaging in a course of conduct that would lead a reasonable person to believe that the individual is likely to act accordingly. It does not include constitutionally protected speech or general statements regarding lawful pregnancy options. c. "Unborn child" refers to a live human being in utero, regardless of the stage of gestational development.

Michigan Penal Code 750.213a was added to the law under Act 149 in 2016, becoming effective on September 7, 2016.

Please note that this summary provides a simplified explanation of Michigan Penal Code 750.213a. For a comprehensive understanding of the law and its implications, it is advisable to consult with a legal professional.