9.10Child Endangerment—Section 625(7)
“A person, whether licensed or not, is subject to the following requirements:
(a) He or she shall not operate a vehicle in violation of [MCL 257.625(1), MCL 257.625(3), MCL 257.625(4), MCL 257.625(5), or MCL 257.625(8)] while another person who is less than 16 years of age is occupying the vehicle.
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(b) He or she shall not operate a vehicle in violation of [MCL 257.625(6)] while another person who is less than 16 years of age is occupying the vehicle. . . .” MCL 257.625(7).
“[MCL 257.625(7)] does not prohibit a person from being charged with, convicted of, or punished for a violation of [MCL 257.625(4) or MCL 257.625(5)] that is committed by the person while violating [MCL 257.625(7)].” MCL 257.625(7)(d). “However, points shall not be assessed under [MCL 257.320a] for both a violation of [MCL 257.625(4) or MCL 257.625(5)] and a violation of [MCL 257.625(7)] for conduct arising out of the same transaction.” MCL 257.625(7)(d).
“A person who violates [MCL 257.625(7)(a)] is guilty of a crime punishable as follows:
(i) Except as provided in subparagraph (ii), a person who violates [MCL 257.625(7)(a)] is guilty of a misdemeanor and must be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and to 1 or more of the following:
(A) Imprisonment for not more than 1 year.
(B) Community service for not less than 30 days or more than 90 days.
(ii) If the violation occurs within 7 years of a prior conviction or after 2 or more prior convictions, regardless of the number of years that have elapsed since any prior conviction, a person who violates [MCL 257.625(7)(a)] is guilty of a felony and must be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and to either of the following:
(A) Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years.
(B) Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days. Not less than 48 hours of this imprisonment must be served consecutively.
(iii) A term of imprisonment imposed under [MCL 257.625(7)(a)(ii)(A)-(B)] must not be suspended unless the defendant agrees to participate in a specialty court program and successfully completes the program.” MCL 257.625(7)(a).
“A person who violates [MCL 257.625(7)(b)] is guilty of a misdemeanor punishable as follows:
(i) Except as provided in subparagraph (ii), a person who violates [MCL 257.625(7)(b)] may be sentenced to 1 or more of the following:
(A) Community service for not more than 60 days.
(B) A fine of not more than $500.00.
(C) Imprisonment for not more than 93 days.
(ii) If the violation occurs within 7 years of a prior conviction or after 2 or more prior convictions, regardless of the number of years that have elapsed since any prior conviction, a person who violates [MCL 257.625(7)(b)] must be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and to 1 or more of the following:
(A) Imprisonment for not less than 5 days or more than 1 year. This term of imprisonment must not be suspended unless the defendant agrees to participate in a specialty court program and successfully completes the program.
(B) Community service for not less than 30 days or more than 90 days.” MCL 257.625(7)(b).
Only applicable sanctions are listed below; accordingly, if a particular sanction is omitted from this section, it is not applicable to this offense. The Offense Code Index for Traffic Violations published by the secretary of state and sourced from the Michigan Department of State Court Manual includes a table detailing traffic offenses and applicable sanctions. See Section 1.41 for more information on abstracting procedures.
•Six points. See MCL 257.320a(1)(c). See Section 1.42 for more information on points. “However, points shall not be assessed under [MCL 257.320a] for both a violation of [MCL 257.625(4) or MCL 257.625(5)] and a violation of [MCL 257.625(7)] for conduct arising out of the same transaction.” MCL 257.625(7)(d).
•License suspension/revocation (length dependent on specific conviction and criminal history). See MCL 257.319(8)(e). See Section 1.45 for more information on license suspension and Section 1.44 for more information on license revocation.
•Violation of MCL 257.625(7) if no prior convictions within seven years: mandatory 180-day suspension; discretionary restricted license after first 90 days of suspension period. See MCL 257.319(8)(e).
•Any combination of two convictions within seven years for offenses listed in MCL 257.303(2)(c)(i)-(iii): mandatory revocation of at least one year (length dependent on various factors). See MCL 257.303(2)(c).
•Any combination of three convictions within 10 years for offenses listed in MCL 257.303(2)(g)(i)-(iii): mandatory revocation of at least one year (length dependent on various factors). See MCL 257.303(2)(g); MCL 257.303(4)(a).
•Vehicle immobilization (length dependent on specific conviction and criminal history), unless forfeiture ordered under MCL 257.625n. See MCL 257.625(7)(c); MCL 257.904d(1). See Section 1.47 for more information on vehicle immobilization.
•No prior convictions: immobilization may be ordered for not more than 180 days. See MCL 257.625(7)(c); MCL 257.904d(1)(a).
•Conviction under MCL 257.625(7) within seven years after a prior conviction: mandatory immobilization for not less than 90 days or more than 180 days, unless forfeiture is ordered under MCL 257.625n. See MCL 257.625(7)(c); MCL 257.904d(1)(c).
•Conviction under MCL 257.625(7) after two or more prior convictions: mandatory immobilization for not less than one year or more than three years, unless forfeiture is ordered under MCL 257.625n. See MCL 257.625(7)(c); MCL 257.904d(1)(d).
•Vehicle forfeiture may be imposed for a violation of MCL 257.625(7). See MCL 257.625(7)(c); MCL 257.625n. See Section 1.49 for more information on vehicle forfeiture.
•Registration denial is required under certain circumstances. See MCL 257.219(1)(c)-(d). See Section 1.50 for more information on registration denial.