THE MICHIGAN PENAL CODE
Act 328 of 1931
750.123 Officer omitting duty for reward.
Sec. 123.
A sheriff, coroner, constable, peace officer, or any other officer authorized to serve process or arrest or apprehend offenders against criminal law who shall receive from a defendant or from any other person any money or other valuable thing or any service or promise to pay or give money or to perform or omit to perform any act as a consideration, reward, or inducement, for omitting or delaying to arrest any defendant, or to carry him or her before a magistrate, or for delaying to take any person to prison, or for postponing the sale of any property under an execution, or for omitting or delaying to perform any duty pertaining to his or her office, is guilty of a misdemeanor punishable by imprisonment for not more than 6 months or a fine of not more than $750.00. However, if that defendant is charged with an offense against the criminal laws of this state, an officer convicted under this section may be punished by any fine or by any term of imprisonment or both a fine and imprisonment, within the limits fixed by the statute that the defendant is charged with having violated.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.123 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
FormerLaw Notes:
See section 21 of Ch. 156 of R.S. 1846, being CL 1857, § 5840; CL 1871, § 7673; How., § 9255; CL 1897, § 11325; CL 1915, § 14992; CL 1929, § 16583; and Act 242 of 1921.
Notes of Decisions
Cited in
6
cases, 1951–2012 · leading case:
People v. Davis, 290 N.W.2d 366 (Mich. 1980).
People v. Davis, 290 N.W.2d 366 (Mich. 1980).
· cites it 18× “This charge sets forth all the elements of the statutory offense defined in MCL 750.123; MSA 28.318, which provides: "Any * * * officer * * * who shall receive * * * any * * * promise to pay or give money * * * as a consideration * * * for omitting or delaying to arrest * * *…”
People v. Waterstone, 296 Mich. App. 121 (Mich. Ct. App. 2012).
“), the Court observed, “[S]ince the Legislature has expressly made a provision for the punishment of an officer who receives a promise or any valuable thing as consideration for delaying an arrest [MCL 750.123], this conduct is not punishable under MCL 750.”
People v. Ortman, 530 N.W.2d 161 (Mich. Ct. App. 1995).
“388, MCL 750.123; MSA 28.318, MCL 600.587; MSA 27A.”
People v. Rowe, 289 N.W.2d 915 (Mich. Ct. App. 1980).
“2114, which provides: "When any person has committed or is suspected of having committed any crime or misdemeanor within a city, or has escaped from any city prison, the police officers of the city shall have the same right to pursue, arrest and detain such person without the…”
People v. Percin, 47 N.W.2d 29 (Mich. 1951).
“* asa consideration, reward or inducement, for omitting or delaying to . arrest any defendant, or to carry him before a magistrate * * * or for omitting, or delaying to perform any duty pertaining to his office, shall be guilty of a misdemeanor, punishable by imprisonment in the…”
People v. Bommarito, 161 N.W.2d 131 (Mich. Ct. App. 1968).
“Defendant was convicted by jury and sentenced for violating CL 1948, § 750.123 (Stat Ann 1962 Rev § 28.318). 1 On appeal, defendant raises 7 issues which can properly be reduced to 2.”
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