Section 750.145a – 750.145b. - Michigan Legislature

750.145a Accosting, enticing or soliciting child for immoral purpose
750.145b Accosting, enticing or soliciting child for immoral purpose; prior conviction; penalty

In Michigan, accosting, enticing or soliciting a child for immoral purpose is a felony criminal offense. When an individual encourages or solicits a child who is younger than 16 years old to commit sexual intercourse, an act of gross indecency, or other immoral act or induces a child to commit any act involving delinquency or depravity, that individual may be found guilty; use of the Internet is not required to be convicted of Accosting, enticing, or soliciting a child for immoral purpose.

An individual who has a prior conviction for accosting, enticing, or soliciting a child for immoral purpose will face increased criminal penalties if convicted on a second or subsequent offense. Whether an accused individual knows the child is younger than 16 or not is irrelevant.

Punishment:

Accosting, enticing or soliciting a child for immoral purpose is a Class F felony which will leave a convicted individual facing a maximum of four years in prison, fines of up to $4,000, or both if convicted. These penalties are for a first-time offender. An individual with a prior conviction and who commits the crime of accosting, enticing or soliciting a child for immoral purpose a second or subsequent time is guilty of a Class D felony, and will face penalties which include a maximum of 10 years in prison, fines of up to $10,000, or both.

Other Consequences:

According to the Michigan.gov website, individuals convicted of Accosting, enticing or soliciting a child for immoral purpose may be required to register as a sex offender on the Michigan Public Sex Offender Registry. This is a Tier 2 offense which will result in requirement to register for 25 years.

Related Crimes:

Child Sexually Abusive Activity or Material. This is a felony offense which may result in penalties including a fine of up to $100,000, up to 20 years in prison, or both.

Experience and Success:

Grabel & Associates has extensive experience and a proven track record defending allegations of child accosting or solicitation, including Child Sexually Abusive Activity. Our firm has had great success in defending clients against Accosting, Enticing, or Soliciting Child for Immoral Purpose, obtaining dismissals, acquittals, and having convictions overturned on appeal.

Defenses:

There are multiple defense strategies available to winning cases involving the solicitation of a minor, helping to prove your innocence This is particularly true when you have been falsely accused or testimony is given by children who are easily influenced by suggestions made by adults. Defendants who have been convicted may wish to appeal their conviction or seek post-conviction relief.

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.145a Accosting, enticing or soliciting child for immoral purpose.

Sec. 145a.

A person who accosts, entices, or solicits a child less than 16 years of age, regardless of whether the person knows the individual is a child or knows the actual age of the child, or an individual whom he or she believes is a child less than 16 years of age with the intent to induce or force that child or individual to commit an immoral act, to submit to an act of sexual intercourse or an act of gross indecency, or to any other act of depravity or delinquency, or who encourages a child less than 16 years of age, regardless of whether the person knows the individual is a child or knows the actual age of the child, or an individual whom he or she believes is a child less than 16 years of age to engage in any of those acts is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $4,000.00, or both.

History: Add. 1935, Act 174, Eff. Sept. 21, 1935 ;-- Am. 1939, Act 88, Eff. Sept. 29, 1939 ;-- CL 1948, 750.145a ;-- Am. 2002, Act 45, Eff. June 1, 2002

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.145b Accosting, enticing or soliciting child for immoral purpose; prior conviction; penalty.

Sec. 145b.

(1) A person convicted of violating section 145a who has 1 or more prior convictions is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both.

(2) 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.

(3) As used in this section, “prior conviction” means a violation of section 145a or a violation of a law of another state substantially corresponding to section 145a.

History: Add. 1935, Act 174, Eff. Sept. 21, 1935 ;-- Am. 1939, Act 88, Eff. Sept. 29, 1939 ;-- CL 1948, 750.145b ;-- Am. 2002, Act 45, Eff. June 1, 2002