“An operator of a . . . vessel who is given by hand, voice, emergency light, or siren a visual or audible signal by a police or conservation officer, acting in the lawful performance of his or her duty, directing the operator to bring his or her . . . vessel to a stop shall not willfully fail to obey that direction by increasing the speed of the . . . vessel, extinguishing the lights of the . . . vessel, or otherwise attempting to flee or elude the police or conservation officer.” MCL 750.479a(1).
1.First-Degree Fleeing and Eluding
“If the violation results in the death of another individual, an individual who violates [MCL 750.479a(1)] is guilty of first-degree fleeing and eluding, a felony punishable by imprisonment for not more than 15 years of a fine of not more than $15,000.00, or both.” MCL 750.479a(5).
2.Second-Degree Fleeing and Eluding
“Except as provided in [MCL 750.479a(5)], an individual who violates [MCL 750.479a(1)] is guilty of second-degree fleeing and eluding, a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both, if 1 or more of the following circumstances apply:
(a) The violation results in serious impairment of a body function of an individual.
(b) The individual has 1 or more prior convictions for first-, second-, or third-degree fleeing and eluding, attempted first-, second-, or third-degree fleeing and eluding, or fleeing and eluding under a current or former law of [Michigan] prohibiting substantially similar conduct.
(c) The individual has any combination of 2 or more prior convictions for fourth-degree fleeing and eluding, attempted fourth-degree fleeing and eluding, or fleeing and eluding under a current or former law of [Michigan] prohibiting substantially similar conduct.” MCL 750.479a(4).
3.Third-Degree Fleeing and Eluding
“Except as provided in [MCL 750.479a(4) or MCL 750.479a(5)], an individual who violates [MCL 750.479a(1)] is guilty of third-degree fleeing and eluding, a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both, if 1 or more of the following circumstances apply:
(a) The violation results in a collision or accident.
(b) For . . . a vessel, a portion of the violation occurred in an area designated as ‘slow-no wake’, ‘no wake’, or ‘restricted’ whether the area is posted or created by law or administrative rule.” MCL 750.479a(3).
4.Fourth-Degree Fleeing and Eluding
“Except as provided in [MCL 750.479a(3), MCL 750.479a(4), or MCL 750.479a(5)], an individual who violates [MCL 750.479a(1)] is guilty of fourth-degree fleeing and eluding, a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.” MCL 750.479a(2).
5.Conduct Arising Out of the Same Transaction
“Except as otherwise provided in [MCL 750.479a(8)], a conviction under [MCL 750.479a] does not prohibit a conviction and sentence under any other applicable provision for conduct arising out of the same transaction.” MCL 750.479a(8).
Only applicable sanctions are listed below; accordingly, if a particular sanction is omitted from this section, it is not applicable to this offense.
•For third- or fourth-degree fleeing and eluding, mandatory suspension of vessel operating privileges for up to five years. MCL 750.479a(6)(b).
•For first- or second-degree fleeing and eluding, mandatory revocation of vessel operating privileges for at least five years. MCL 750.479a(7)(b).
“[MCL 750.479a(1)] does not apply unless the police or conservation officer giving the signal is in uniform and the officer’s . . . vessel is identified as an official police or [DNR] . . . vessel.” MCL 750.479a(1).