3.10Recruiting or Inducing a Minor to Commit a Felony Under Article 7 of the PHC
“A person 17 years of age or over who recruits, induces, solicits, or coerces a minor less than 17 years of age to commit or attempt to commit any act that would be a felony under [Article 7 of the PHC] if committed by an adult is guilty of a felony[.]” MCL 333.7416(1).
“[MCL 333.7416(1)(a)] does not apply to an act that is a violation of [MCL 333.7401(2)(d)] and that involves the manufacture, delivery, or possession with intent to deliver of [sic] marihuana. [MCL 333.7416] applies whether or not the person 17 years of age or older knew or had reason to know the age of the minor less than 17 years of age.” MCL 333.7416(4).
•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.
A defendant sentenced for the violation of MCL 333.7416(1) “shall not be subject to a delayed sentence or a suspended sentence and shall not be eligible for probation.” MCL 333.7416(2).
“The court may depart from a minimum term of imprisonment authorized under [MCL 333.7416(1)(a) or MCL 333.7416(1)(b)] if the court finds on the record that there are substantial and compelling reasons to do so.” MCL 333.7416(3).1
Violation of MCL 333.7416 is a felony and, except as otherwise provided, “shall be punished” by imprisonment for not less than half of the maximum term of imprisonment and not more than the maximum term of imprisonment authorized for an adult who commits such an act. MCL 333.7416(1)(a). Violations of MCL 333.7416 may also be punished by a fine not more than the fine authorized for an adult who commits such an act. MCL 333.7416(1).
“If the act to be committed or attempted by the minor is a violation of [MCL 333.7401(2)(a)(i),2 the violation of MCL 333.7416 is a felony punishable] by imprisonment for life.” MCL 333.7416(1)(b).
1 MCL 333.7410(5) allows a court to depart from the mandatory minimum sentence for “substantial and compelling reasons[.]” However, now that the statutory sentencing guidelines are advisory only, departures from the guidelines do not need to be justified by substantial and compelling reasons; MCL 769.34—which previously required a substantial and compelling reason to depart—has been amended to permit a “reasonable” departure. See 2020 PA 395, effective March 24, 2021; People v Lockridge, 498 Mich 358, 364-365 (2015); MCL 769.34(3). The Lockridge Court additionally stated that “[t]o the extent that any part of MCL 769.34 or another statute refers to use of the sentencing guidelines as mandatory or refers to departures from the guidelines, that part or statute is also severed or struck down as necessary.” Lockridge, 498 Mich at 365 n 1 (emphasis added). It is unclear whether or to what extent such statutory references (together with caselaw construing them) are of continuing relevance, or which such references are severed or struck down by operation of footnote 1 in Lockridge. For a detailed discussion of Lockridge, see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 2, Chapter 1.
2 MCL 333.7401(2)(a)(i) involves controlled substances classified in schedule 1 or 2 that are narcotic drugs or cocaine-related substances in an amount of 1,000 grams or more.