THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.249a Use or employment of tool or instrument to make counterfeit financial transaction device. Sec. 249a.
A person who casts, stamps, engraves, makes, or mends, or knowingly has in his or her possession a mold, pattern, die, puncheon, engine, press, or other tool or instrument adapted and designed for making a false, forged, altered, or counterfeit financial transaction device, as defined in section 157m, with the intent to use or employ or cause or permit the same to be used or employed in making a counterfeit financial transaction device is guilty of a felony.
History: Add. 1987, Act 276, Eff. Mar. 30, 1988
Analysis of Michigan Penal Code Section 249a
The provided excerpt is from Act 328 of 1931, which includes Section 249a of the Michigan Penal Code. This section addresses the offense of using or employing a tool or instrument to make a counterfeit financial transaction device. The following analysis provides an overview of the key elements and implications of this section.
Use or Employment of Tool or Instrument to Make Counterfeit Financial Transaction Device
- Section 249a establishes that a person who engages in specific actions related to the creation or possession of certain tools or instruments with the intent to make a false, forged, altered, or counterfeit financial transaction device, as defined in section 157m, is guilty of a felony offense.
- The actions outlined in this section include casting, stamping, engraving, making, or mending a mold, pattern, die, puncheon, engine, press, or any other tool or instrument that is specifically designed and adapted for the purpose of creating counterfeit financial transaction devices.
- The term "counterfeit financial transaction device" refers to a fraudulent or falsified instrument, such as a credit card, debit card, check, or any other device or means of conducting financial transactions that is used to deceive or defraud others.
- The key element of this offense is the intent to use or employ, or cause or permit the tool or instrument to be used or employed, in the production of counterfeit financial transaction devices. The possession of such a tool or instrument alone, without evidence of intent to use it for counterfeiting purposes, may not constitute an offense under this section.
- The offense described in section 249a is classified as a felony, which typically carries severe penalties upon conviction.
Historical Context
Section 249a was included in the Michigan Penal Code through Act 328 of 1931. It was added by Act 276 of 1987, which took effect on March 30, 1988. It is important to note that this analysis is provided for informational purposes only and should not be considered legal advice. For accurate and up-to-date information, it is advisable to consult legal professionals or refer to the complete and current version of the Michigan Penal Code.