3.25Taking or Enticing Away a Minor Under Age 16
“A person who takes or entices away a minor under the age of 16 years from the minor’s father, mother, guardian, or other person having the legal charge of the minor, without their consent, for the purpose of prostitution, concubinage,[30] sexual intercourse, or marriage is guilty of a felony[.]” MCL 750.13.
The taking or enticing away of a minor in violation of MCL 750.13 is a specific-intent crime; it requires a prosecutor to prove not only the act of enticement but also the intent or “the particular purpose” for the enticement—i.e., prostitution, concubinage, sexual intercourse, or marriage. People v Fleming, 267 Mich 584, 586-589 (1934).
“An indictment for a violation or attempted violation of . . . MCL 750.13 . . . may be found and filed within 25 years after the offense is committed.” MCL 767.24(2).
A conviction of MCL 750.13 is punishable by no more than 10 years of imprisonment. MCL 750.13. No fines are authorized. See id.
A defendant convicted of violating MCL 750.13 must pay a crime victim assessment of $130. See MCL 780.905(1)(a).
3.Minimum State Cost and Other Costs
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).
30.“Concubinage has been defined as any form of illicit intercourse.” People v Fleming, 267 Mich 584, 586 (1934).