THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.249b Uttering or publishing as true document listed in MCL 750.248b; intent; felony; penalty; exception; court order. Sec. 249b.

(1) A person who utters and publishes as true a false, forged, altered, or counterfeit deed or other document listed in section 248b knowing it to be false, forged, altered, or counterfeit with intent to injure or defraud is guilty of a felony punishable by imprisonment for not more than 14 years. (2) This section does not apply to a scrivener's error. (3) In proceedings that result in a conviction under this section or for any lesser included offense, the circuit court shall enter an order stating that the false, forged, altered, or counterfeit document is invalid and requiring that a copy of the invalid document and a certified copy of the order be recorded in the office of the register of deeds of the county where the subject property or part of the property is located, as provided in section 2935 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2935. If the invalid document has previously been recorded, the prosecutor shall provide the circuit court with the liber and page number or unique identifying reference number of the invalid document, which shall be included in the order. The register of deeds shall make reference to the liber and page number or unique identifying reference number of the invalid document in the index of the recorded documents. Any recording fees incurred under this subsection shall be paid as ordered by the court.

History: Add. 2011, Act 206, Eff. Jan. 1, 2012

Analysis of Michigan Penal Code Section 249b

The provided excerpt is from Act 328 of 1931, which includes Section 249b of the Michigan Penal Code. This section addresses the offense of uttering or publishing a false, forged, altered, or counterfeit deed or other document listed in section 248b. The following analysis provides an overview of the key elements and implications of this section.

Uttering or Publishing False Document Listed in Section 248b

1. Section 249b establishes that a person who knowingly utters and publishes as true a false, forged, altered, or counterfeit deed or other document listed in section 248b is guilty of a felony offense.
2. The false document referred to in this section includes a deed, discharge of mortgage, power or letter of attorney, or any other document that affects an interest in real property and is falsely made, altered, forged, or counterfeited.
3. The key element of this offense is the intent to injure or defraud another person by presenting the false document as genuine and true.
4. The offense described in section 249b is classified as a felony, and upon conviction, the individual may face imprisonment for a term not exceeding 14 years.
5. Section 249b includes an exception for scrivener's errors, which are unintentional mistakes made by a professional scribe or document preparer.
6. In proceedings that result in a conviction under this section or for any lesser included offense, the circuit court is required to enter an order stating that the false, forged, altered, or counterfeit document is invalid.
7. The court order also mandates the recording of a copy of the invalid document and a certified copy of the order in the office of the register of deeds of the county where the subject property or part of the property is located, as outlined in section 2935 of the revised judicature act of 1961.
8. If the invalid document has already been recorded, the prosecutor must provide the court with the liber and page number or unique identifying reference number of the document, which should be included in the court order.
9. The register of deeds is responsible for making reference to the liber and page number or unique identifying reference number of the invalid document in the index of the recorded documents. Any recording fees incurred in this process are to be paid as ordered by the court.

Historical Context

Section 249b was added to the Michigan Penal Code through Act 206 of 2011, which became effective on January 1, 2012. 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.