Bill Text: MI HB5043 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Crimes; kidnapping; kidnapping; expand intent element. Amends sec. 349 of 1931 PA 328 (MCL 750.349).

Spectrum: Strong Partisan Bill (Democrat 20-2)

Status: (Introduced - Dead) 2011-10-06 - Printed Bill Filed 10/06/2011 [HB5043 Detail]

Download: Michigan-2011-HB5043-Introduced.html

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HOUSE BILL No. 5043

 

October 5, 2011, Introduced by Reps. Darany, Constan, Santana, Brown, Hovey-Wright, Lindberg, Liss, Olumba, Barnett, Smiley, McCann, Durhal, Cavanagh, Ananich, Dillon, Tlaib, Segal, Heise, Walsh, Lipton and Townsend and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 349 (MCL 750.349), as amended by 2006 PA 159.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 349. (1) A person commits the crime of kidnapping if he

 

or she knowingly restrains another person with the intent to do 1

 

or more of the following:

 

     (a) Hold that person for ransom or reward.

 

     (b) Use that person as a shield or hostage.

 

     (c) Engage in criminal sexual penetration or criminal sexual

 

contact with that person.

 

     (d) Take that person outside of this state.

 

     (e) Hold that person in involuntary servitude.

 

     (f) The other person is a minor and that minor is restrained

 

for the purpose of engaging in child sexually abusive activity to

 

produce child sexually abusive material, as those terms are defined

 

in section 145c.

 

     (2) As used in this section, "restrain" means to restrict a

 

person's movements or to confine the person so as to interfere with

 

that person's liberty without that person's consent or without

 

legal authority. The restraint does not have to exist for any

 

particular length of time and may be related or incidental to the

 

commission of other criminal acts.

 

     (3) A person who commits the crime of kidnapping is guilty of

 

a felony punishable by imprisonment for life or any term of years

 

or a fine of not more than $50,000.00, or both.

 

     (4) This section does not prohibit the person from being

 

charged with, convicted of, or sentenced for any other violation of

 

law arising from the same transaction as the violation of this

 

section.