THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.218 False pretenses with intent to defraud; violation; penalty; enhanced sentence based on prior convictions; "false pretense" defined. Sec. 218.

(1) A person who, with the intent to defraud or cheat makes or uses a false pretense to do 1 or more of the following is guilty of a crime punishable as provided in this section: (a) Cause a person to grant, convey, assign, demise, lease, or mortgage land or an interest in land. (b) Obtain a person's signature on a forged written instrument. (c) Obtain from a person any money or personal property or the use of any instrument, facility, article, or other valuable thing or service. (d) By means of a false weight or measure obtain a larger amount or quantity of property than was bargained for. (e) By means of a false weight or measure sell or dispose of a smaller amount or quantity of property than was bargained for. (2) If the land, interest in land, money, personal property, use of the instrument, facility, article, or valuable thing, service, larger amount obtained, or smaller amount sold or disposed of has a value of less than $200.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the value, whichever is greater, or both imprisonment and a fine. (3) If any of the following apply, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value, whichever is greater, or both imprisonment and a fine: (a) The land, interest in land, money, personal property, use of the instrument, facility, article, or valuable thing, service, larger amount obtained, or smaller amount sold or disposed of has a value of $200.00 or more but less than $1,000.00. (b) The person violates subsection (2) and has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section. (4) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value, whichever is greater, or both imprisonment and a fine: (a) The land, interest in land, money, personal property, use of the instrument, facility, article, or valuable thing, service, larger amount obtained, or smaller amount sold or disposed of has a value of $1,000.00 or more but less than $20,000.00. (b) The person violates subsection (3)(a) and has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b). (5) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $15,000.00 or 3 times the value, whichever is greater, or both imprisonment and a fine: (a) The land, interest in land, money, personal property, use of the instrument, facility, article, or valuable thing, service, larger amount obtained, or smaller amount sold or disposed of has a value of $20,000.00 or more but less than $50,000.00. (b) The person violates subsection (4)(a) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b). (6) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $25,000.00 or 3 times the value, whichever is greater, or both imprisonment and a fine: (a) The land, interest in land, money, personal property, use of the instrument, facility, article, or valuable thing, service, larger amount obtained, or smaller amount sold or disposed of has a value of $50,000.00 or more but less than $100,000.00. (b) The person violates subsection (5)(a) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b). (7) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $35,000.00 or 3 times the value, whichever is greater, or both imprisonment and a fine: (a) The land, interest in land, money, personal property, use of the instrument, facility, article, or valuable thing, service, larger amount obtained, or smaller amount sold or disposed of has a value of $100,000.00 or more. (b) The person violates subsection (6)(a) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b). (8) The values of land, interest in land, money, personal property, use of the instrument, facility, article, or valuable thing, service, larger amount obtained, or smaller amount sold or disposed of in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value involved in the violation of this section. (9) 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. (10) 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 under 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. (11) As used in this section, "false pretense" includes, but is not limited to, a false or fraudulent representation, writing, communication, statement, or message, communicated by any means to another person, that the maker of the representation, writing, communication, statement, or message knows is false or fraudulent. The false pretense may be a representation regarding a past or existing fact or circumstance or a representation regarding the intention to perform a future event or to have a future event performed.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.218 ;-- Am. 1957, Act 69, Eff. Sept. 27, 1957 ;-- Am. 1998, Act 312, Eff. Jan. 1, 1999 ;-- Am. 2004, Act 154, Eff. Sept. 1, 2004 ;-- Am. 2011, Act 201, Eff. Jan. 1, 2012 Former Law: See section 39 of Ch. 154 of R.S. 1846, being CL 1857, ? 5783; CL 1871, ? 7590; How., ? 9161; CL 1897, ? 11575; CL 1915, ? 15320; CL 1929, ? 16916; Act 164 of 1867; Act 218 of 1879; and Act 234 of 1895.

Understanding Michigan Penal Code 750.218: False Pretenses with Intent to Defraud

Michigan Penal Code 750.218 deals with the crime of false pretenses with the intent to defraud. The key provisions of this statute are summarized as follows:

Definition and Prohibited Actions

1. A person is guilty of a crime if, with the intent to defraud or cheat, they make or use a false pretense to accomplish any of the following: a. Persuade someone to grant, convey, assign, lease, or mortgage land or an interest in land. b. Obtain another person's signature on a forged written instrument. c. Acquire money, personal property, use of an instrument, facility, article, valuable thing, or service from someone. d. Use a false weight or measure to obtain a larger amount of property than agreed upon. e. Use a false weight or measure to sell or dispose of a smaller amount of property than agreed upon.

Penalties

1. If the value of the land, interest in land, money, personal property, use of an instrument, facility, article, valuable thing, service, larger amount obtained, or smaller amount sold or disposed of is less than $200.00, the offense is a misdemeanor punishable by imprisonment for not more than 93 days, a fine of not more than $500.00 or 3 times the value (whichever is greater), or both.
2. If the value falls between $200.00 and less than $1,000.00, or the offender has a prior conviction for the same offense, it is a misdemeanor punishable by imprisonment for not more than 1 year, a fine of not more than $2,000.00 or 3 times the value (whichever is greater), or both.
3. If the value falls between $1,000.00 and less than $20,000.00, or the offender has a prior conviction under subsection (3)(a), it is a felony punishable by imprisonment for not more than 5 years, a fine of not more than $10,000.00 or 3 times the value (whichever is greater), or both.
4. If the value falls between $20,000.00 and less than $50,000.00, or the offender has two or more prior convictions under subsection (4)(a), it is a felony punishable by imprisonment for not more than 15 years, a fine of not more than $15,000.00 or 3 times the value (whichever is greater), or both.
5. If the value falls between $50,000.00 and less than $100,000.00, or the offender has two or more prior convictions under subsection (5)(a), it is a felony punishable by imprisonment for not more than 15 years, a fine of not more than $25,000.00 or 3 times the value (whichever is greater), or both.
6. If the value is $100,000.00 or more, or the offender has two or more prior convictions under subsection (6)(a), it is a felony punishable by imprisonment for not more than 20 years, a fine of not more than $35,000.00 or 3 times the value (whichever is greater), or both.

Aggregation of Values

1. The total value involved in separate incidents within a 12-month period can be aggregated to determine the level of the offense.

Enhanced Sentencing

1. If the prosecuting attorney seeks an enhanced sentence based on prior convictions, they must include a statement listing the prior conviction(s) on the complaint and information.
2. The court, without a jury, determines the existence of prior convictions at sentencing or a separate hearing.
3. Prior convictions can be established through various forms of evidence, such as judgment copies, transcripts, presentence reports, or the defendant's statement.

Definition of "False Pretense"

1. "False pretense" encompasses false or fraudulent representations, writings, communications, statements, or messages communicated by any means to another person, with knowledge of their falsity or fraudulent nature. It includes representations about past or existing facts, as well as representations regarding future events or intentions.

Please note that this is a simplified overview of Michigan Penal Code 750.218. For a comprehensive understanding of the law and its implications, it is advisable to consult the full text of the statute and seek legal counsel if needed.