3.15Soliciting, Inducing, or Intimidating Another to Violate Article 7 of the PHC
“A person shall not knowingly or intentionally solicit, induce, or intimidate another person to violate [MCL 333.7401 to MCL 333.7461].” MCL 333.7407a(2).
•M Crim JI 8.4 addresses inducement (in the context of aiding and abetting).
•M Crim JI 10.6 addresses solicitation to commit a felony generally.
“Except as otherwise provided in [MCL 333.74161], a person who violates [MCL 333.7407a] is guilty of a crime punishable . . . by the penalty for the crime he or she solicited, induced, or intimidated another person to commit.” MCL 333.7407a(3).
Article 7 of the PHC does not define solicitation, and Michigan courts have not construed the term in the context of MCL 333.7407a. However, where a term has developed “a peculiar and appropriate meaning in the law,” it must be construed in accordance with that meaning. MCL 8.3a. Moreover, “[i]t is a general rule of construction that lawmakers are presumed to know of and legislate in harmony with existing laws.” People v Veling, 443 Mich 23, 36 n 15 (1993) (quotation marks and citation omitted). Accordingly, the definition of solicitation found in the general solicitation statute, MCL 750.157b(1) may be instructive in regard to the term as used in MCL 333.7407a. MCL 750.157b(1) defines solicit as “to offer to give, promise to give, or give any money, services, or anything of value, or to forgive or promise to forgive a debt or obligation.”
Similarly, Article 7 of the PHC does not define induce; however, in the context of MCL 750.157c (inducing a minor to commit a felony), the Michigan Court of Appeals noted that induce means “to lead or move by persuasion or influence, as to some action or state of mind.” People v Pfaffle, 246 Mich App 282, 298 (2001) (quotation marks and citation omitted). M Crim JI 8.4, which defines the term induce in the context of the aiding and abetting statute, explains that the amount of help, advice, or encouragement does not matter; rather, the jury must determine whether the help, advice, or encouragement actually did help, advise, or encourage the crime.
Finally, Article 7 of the PHC does not define intimidate, and the term has not developed a peculiar and appropriate meaning in the law. “[U]ndefined statutory terms are to be given their plain and ordinary meaning, unless the undefined word or phrase is a term of art.” People v Thompson (Keith), 477 Mich 146, 151 (2007). Lay dictionaries may be consulted to define “common words or phrases that lack a unique legal meaning.” Id. at 151-152.
The general solicitation statute, MCL 750.157b, provides a renunciation affirmative defense; however, MCL 333.7407a makes no mention of such a defense, and Michigan courts have not considered the question of whether the renunciation defense is applicable to MCL 333.7407a. Therefore, it is uncertain at this time whether such a defense exists in connection with MCL 333.7407a.
1 MCL 333.7416 prohibits and sets forth penalties for recruiting, inducing, soliciting, or coercing a minor to commit a felony. See Section 3.10 for a discussion of this offense.