3.7Soliciting or Accosting
“A person 16 years of age or older who accosts, solicits, or invites another person in a public place or in or from a building or vehicle, by word, gesture, or any other means, to commit prostitution or to do any other lewd or immoral act, is guilty of a crime punishable as provided in [MCL 750.451].” MCL 750.448.
Except as provided in MCL 750.451b, MCL 750.448 does not apply to a law enforcement officer while performing his or her duties as a law enforcement officer. MCL 750.451a. MCL 750.451b provides that the exemption in MCL 750.451a does not apply “if the officer engages in sexual penetration as that term is defined in [MCL 750.520a] while in the course of his or her duties.” MCL 750.451b.
a.First or Subsequent Violation
A first violation of MCL 750.448 is a misdemeanor punishable by imprisonment for not more than 93 days, or a maximum fine of $500, or both. MCL 750.451(1).
A defendant 16 years of age or older who violates MCL 750.448 and who has one prior conviction is guilty of a misdemeanor punishable by imprisonment for not more than one year, or a maximum fine of $1,000, or both. MCL 750.451(2).
A defendant convicted of violating MCL 750.448 who has two or more prior convictions is guilty of a felony punishable by imprisonment for not more than two years, or a maximum fine of $2,000, or both. MCL 750.451(3).
b.Human-Trafficking Victim-Offender
If the defendant violated MCL 750.448 or a substantially corresponding local ordinance as a direct result of his or her status as a victim of a human-trafficking violation, the court may under certain circumstances defer an adjudication of guilt and place the defendant on probation. MCL 750.451c(1)-(2). See MCL 750.451c in its entirety for details of deferred adjudication under these circumstances.
Under MCL 750.451(5), a prosecutor who intends to seek an enhanced sentence based on a defendant’s prior conviction(s) must include on the complaint and information a statement listing the prior conviction(s). At sentencing or at a separate hearing before sentencing, the court, without a jury, must determine the existence of the defendant’s prior conviction(s). Id. The existence of a prior conviction may be established by any relevant evidence, including, but not limited to, one 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.” MCL 750.451(5).
Defendants convicted of violating MCL 750.448 for the first time, or defendants aged 16 or older who have a prior conviction must pay a crime victim assessment of $75. See MCL 780.905(1)(b).
Defendants convicted of violating MCL 750.448 who have two or more prior convictions must pay a crime victim assessment of $130. See MCL 780.905(1)(a).
3.Minimum State Cost and Other Costs
For a first conviction of MCL 750.448 or a conviction (defendant aged 16 or older) of MCL 750.448 with a prior conviction, if the court orders payment of any combination of a fine, costs, or applicable assessments, the court must impose the minimum state cost of not less than $50. See MCL 769.1j(1)(b); MCL 769.1k(1)(a).
For a conviction of MCL 750.448 with two or more prior convictions or a first violation of MCL 750.449a(2),if the court orders payment of any combination of a fine, costs, or applicable assessments, the court must impose the minimum state cost of not less than $68. See MCL 769.1j(1)(a); MCL 769.1k(1)(a).
MCL 750.448 is a tier II offense under the Sex Offenders Registration Act (SORA) if the victim is a minor. MCL 28.722(t)(viii). If the defendant meets the domicile, residence, employment, or student status, registration is required. See MCL 28.723.
For more information on the SORA’s registration requirements, see Chapter 9.
D.Prosecution of Person Under Age 18
“In any prosecution of a person under 18 years of age for an offense punishable under [MCL 750.451] or a local ordinance substantially corresponding to an offense punishable under this section, it shall be presumed that the person under 18 years of age was coerced into child sexually abusive activity or commercial sexual activity in violation of [MCL 750.462e] or otherwise forced or coerced into committing that offense by another person engaged in human trafficking in violation of [MCL 750.462a] to [MCL 750.462h]. The prosecution may overcome this presumption by proving beyond a reasonable doubt that the person was not forced or coerced into committing the offense.” MCL 750.451(6).
“The state may petition the court to find the person under 18 years of age to be dependent and in danger of substantial physical or psychological harm under [MCL 712A.2(b)(3)].” MCL 750.451(6). If the person under age 18 “fails to substantially comply with court-ordered services under [MCL 712A.2(b)(3)], [he or she] is not eligible for the presumption under this section.” MCL 750.451(6).
2.Mandatory Reporting of Suspected Human Trafficking
“Excluding any reasonable period of detention for investigation purposes, a law enforcement officer who encounters a person under 18 years of age engaging in any conduct that would be a violation of [MCL 750.448, MCL 750.449, MCL 750.450, or MCL 750.462], or a local ordinance substantially corresponding to [MCL 750.448, MCL 750.449, MCL 750.450, or MCL 750.462], if engaged in by a person 16 years of age or over shall immediately report to the [DHHS] a suspected violation of human trafficking involving a person under 18 years of age in violation of [MCL 750.462a] to [MCL 750.462h].” MCL 750.451(7).
“The [DHHS] shall begin an investigation of a human trafficking violation reported to the [DHHS] under [MCL 750.451(7)] within 24 hours after the report is made to the [DHHS], as provided in . . . MCL 722.628. The investigation shall include a determination as to whether the person under 18 years of age is dependent and in danger of substantial physical or psychological harm under [MCL 712A.2(b)(3)].” MCL 750.451(8).