THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.235a Parent of minor guilty of misdemeanor; conditions; penalty; defense; definitions. Sec. 235a.
(1) The parent of a minor is guilty of a misdemeanor if all of the following apply: (a) The parent has custody of the minor. (b) The minor violates this chapter in a weapon free school zone. (c) The parent knows that the minor would violate this chapter or the parent acts to further the violation. (2) An individual convicted under subsection (1) may be punished by 1 or more of the following: (a) A fine of not more than $2,000.00. (b) Community service for not more than 100 hours. (c) Probation. (3) It is a complete defense to a prosecution under this section if the defendant promptly notifies the local law enforcement agency or the school administration that the minor is violating or will violate this chapter in a weapon free school zone. (4) As used in this section: (a) "Minor" means an individual less than 18 years of age. (b) "School" means a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from 1 through 12. (c) "School property" means a building, playing field, or property used for school purposes to impart instruction to children or used for functions and events sponsored by a school, except a building used primarily for adult education or college extension courses. (d) "Weapon free school zone" means school property and a vehicle used by a school to transport students to or from school property.
History: Add. 1994, Act 158, Eff. Aug. 15, 1994 Compiler's Notes: Former MCL 750.235a, which made the reckless use of firearms a misdemeanor, was repealed by Act 45 of 1952, Eff. Sept. 18, 1952.
Analysis of Michigan Penal Code Section 235a
The provided excerpt is from Act 328 of 1931, which includes Section 235a of the Michigan Penal Code. This section addresses the misdemeanor offense committed by parents of minors who violate the weapon laws in a weapon-free school zone. It outlines the conditions, penalties, defenses, and provides definitions of relevant terms.
Misdemeanor Offense for Parents of Minors Violating Weapon Laws in School Zones
- The parent of a minor is guilty of a misdemeanor if the following conditions are met:
- The parent has custody of the minor.
- The minor violates the provisions outlined in this chapter related to weapon laws within a weapon-free school zone.
- The parent either knows that the minor would violate the weapon laws or takes actions to further the violation.
- Penalties for conviction under subsection (1) may include one or more of the following:
- A fine not exceeding $2,000.00.
- Community service for a duration of up to 100 hours.
- Probation.
- A complete defense to a prosecution under this section exists if the defendant promptly notifies the local law enforcement agency or the school administration about the minor's violation or the intention to violate the weapon laws within the weapon-free school zone.
- Definitions:
- "Minor" refers to an individual below 18 years of age.
- "School" encompasses public, private, denominational, or parochial institutions offering developmental kindergarten, kindergarten, or any grade from 1 through 12.
- "School property" comprises buildings, playing fields, or properties used for instructional purposes for children or for school-sponsored functions and events. It does not include buildings primarily used for adult education or college extension courses.
- "Weapon-free school zone" includes school property and any vehicle used by a school for student transportation to or from school property.
It is worth noting that Section 235a was added to the Michigan Penal Code by Act 158 of 1994. However, the repealed Former MCL 750.235a, which addressed the reckless use of firearms as a misdemeanor offense, is not applicable.
Remember that legal interpretations and applications may vary, so it is advisable to consult legal professionals or refer to the complete and updated version of the Michigan Penal Code for precise and current information.