THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.217c Legal process; impersonation, false representation, or action as public officer or employee; definitions. Sec. 217c.

(1) A person shall not impersonate, falsely represent himself or herself as, or falsely act as a public officer or public employee and prepare, issue, serve, execute, or otherwise act to further the operation of any legal process or unauthorized process that affects or purports to affect persons or property. (2) Except as provided in subsection (3) or (4), a person who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both. (3) A person who violates subsection (1) after a prior conviction for violating subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $1,500.00, or both. (4) A person who violates subsection (1) after 2 or more prior convictions for violating subsection (1) is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both. (5) This section does not prohibit a person from being charged with, convicted of, or sentenced for any other violation of law that individual commits while violating this section. (6) This section does not prohibit individuals from assembling lawfully or lawful free expression of opinions or designation of group affiliation or association. (7) As used in this section: (a) "Lawful tribunal" means a tribunal created, established, authorized, or sanctioned by law or a tribunal of a private organization, association, or entity to the extent that the organization, association, or entity seeks in a lawful manner to affect only the rights or property of persons who are members or associates of that organization, association, or entity. (b) "Legal process" means a summons, complaint, pleading, writ, warrant, injunction, notice, subpoena, lien, order, or other document issued or entered by or on behalf of a court or lawful tribunal or lawfully filed with or recorded by a governmental agency that is used as a means of exercising or acquiring jurisdiction over a person or property, to assert or give notice of a legal claim against a person or property, or to direct persons to take or refrain from an action. (c) "Public employee" means an employee of this state, an employee of a city, village, township, or county of this state, or an employee of a department, board, agency, institution, commission, authority, division, council, college, university, court, school district, intermediate school district, special district, or other public entity of this state or of a city, village, township, or county in this state, but does not include a person whose employment results from election or appointment. (d) "Public officer" means a person who is elected or appointed to any of the following: (i) An office established by the state constitution of 1963. (ii) A public office of a city, village, township, or county in this state. (iii) A department, board, agency, institution, commission, court, authority, division, council, college, university, school district, intermediate school district, special district, or other public entity of this state or a city, village, township, or county in this state. (e) "Unauthorized process" means either of the following: (i) A document simulating legal process that is prepared or issued by or on behalf of an entity that purports or represents itself to be a lawful tribunal or a court, public officer, or other agency created, established, authorized, or sanctioned by law but that is not a lawful tribunal or a court, public officer, or other agency created, established, authorized, or sanctioned by law. (ii) A document that would otherwise be legal process except that it was not issued or entered by or on behalf of a court or lawful tribunal or lawfully filed with or recorded by a governmental agency as required by law.

History: Add. 1998, Act 360, Eff. Jan. 1, 1999 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003

Understanding Michigan Penal Code 750.217c: Impersonation, False Representation, or Action as Public Officer or Employee

Michigan Penal Code 750.217c addresses the offense of impersonating, falsely representing oneself as, or falsely acting as a public officer or public employee in relation to legal process. The key points of this statute are summarized below:

Impersonation, False Representation, or Action as Public Officer or Employee

1. It is unlawful for a person to impersonate, falsely represent themselves as, or falsely act as a public officer or public employee.
2. The prohibited actions include preparing, issuing, serving, executing, or otherwise acting to further the operation of any legal process or unauthorized process that affects or purports to affect persons or property.

Penalties

1. Violation of this statute is generally classified as a misdemeanor offense.
2. First-time offenders may be subject to imprisonment for up to 1 year, a fine of up to $1,000.00, or both.
3. If a person commits a subsequent violation after a prior conviction for violating this statute, it is a misdemeanor punishable by imprisonment for up to 2 years, a fine of up to $1,500.00, or both.
4. If a person commits a violation after two or more prior convictions for violating this statute, it is a felony punishable by imprisonment for up to 4 years, a fine of up to $2,000.00, or both.

Additional Provisions

1. This section does not prevent a person from being charged with, convicted of, or sentenced for any other violation of law committed while violating this section.
2. Lawful assembly, lawful expression of opinions, and designation of group affiliation or association are not prohibited by this section.

Definitions

The following definitions are provided within the statute:

• "Lawful tribunal": A tribunal created, established, authorized, or sanctioned by law or a private organization or entity that lawfully affects the rights or property of its members or associates.
• "Legal process": Documents or actions used to exercise jurisdiction over a person or property, assert a legal claim, or direct individuals to take or refrain from an action.
• "Public employee": An employee of the state, a city, village, township, county, department, board, agency, institution, commission, authority, division, council, college, university, court, school district, intermediate school district, special district, or other public entity.
• "Public officer": A person elected or appointed to an office established by the state constitution, a public office of a city, village, township, county, or any public entity.
• "Unauthorized process": Simulated legal process or documents that imitate legal process but are not issued or entered by a lawful tribunal or court.

Please note that this is a simplified explanation of Michigan Penal Code 750.217c. For a comprehensive understanding of the law and its implications, it is recommended to consult the full text of the statute and seek legal advice if necessary.