THE MICHIGAN PENAL CODE
Act 328 of 1931
750.136a Transporting person for conduct violating MCL 750.136; felony; penalty; violation arising out of same transaction.
Sec. 136a.
(1) A person shall not knowingly transport a person from this state for the purpose of conduct with regard to that person that would be a violation of section 136 if the conduct occurred in this state.
(2) A person shall not knowingly facilitate a violation of subsection (1).
(3) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 15 years.
(4) It is not a defense to prosecution under this section that the person on whom the operation is performed, or any other person, believes that the operation is required as a matter of custom or ritual, or that the person on whom the operation is performed, or that person's parent or guardian, consented to the operation.
(5) A violation of this section by a person licensed under the public health code, 1978 PA 368, MCL 333.1101 to 333.25211, is grounds for permanent revocation of that license.
(6) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law arising out of the same transaction as the violation of this section.
History: Add. 2017, Act 69, Eff. Oct. 9, 2017 ;-- Add. 2017, Act 71, Eff. Oct. 9, 2017
Compiler's Notes:
Former MCL 750.136a, which pertained to torturing of children, was repealed by Act 251 of 1988, Eff. Sept. 1, 1988.
MCL 750.136a was added by 2017 PA 69 and 2017 PA 71. 2017 PA 71, being substantively the same as 2017 PA 69, supersedes and becomes the only version on its effective date.
Notes of Decisions
Cited in
13
cases, 1970–2019 · leading case:
People v. Maynor, 662 N.W.2d 468 (Mich. Ct. App. 2003).
People v. Maynor, 662 N.W.2d 468 (Mich. Ct. App. 2003).
· cites it 4× “The Henry panel also cited 21 Am Jur 2d, Criminal Law, § 130, p 215, which states that, "[i]n the absence of qualifying provisions, the terms `intent' and `intentional' in a criminal statute refer to general criminal intent." [49] See Llewellyn, The Bramble Bush: On Our Law And…”
People v. Kelley, 439 N.W.2d 315 (Mich. Ct. App. 1989).
· cites it 8× “Defendant was sentenced to prison terms of thirty to sixty years on each count.”
People v. Webb, 341 N.W.2d 191 (Mich. Ct. App. 1983).
· cites it 3× “The people appeal, by leave granted, from a circuit court decision and order holding that the child torture statute, MCL 750.136a; MSA 28.331(1), is unconstitutionally vague.”
People v. Reagan, 235 N.W.2d 581 (Mich. 1975).
· cites it 2× “279 and MCLA 750.136a; MSA 28.331(1). The people's evidence, introduced at the trial at which defendant was ultimately convicted, indicated that defendant, acting as a babysitter, immersed the feet of a child in hot water causing serious injury.”
People v. Dalessandro, 419 N.W.2d 609 (Mich. Ct. App. 1988).
“279, and child torture, MCL 750.136a; MSA 28.331(1). Defendant was sentenced to two concurrent 6V2 to 10 year terms of imprisonment and appeals as of right.”
People v. Biegajski, 332 N.W.2d 413 (Mich. Ct. App. 1982).
· cites it 2× “331, and torture of a child, in violation of MCL 750.136a; MSA 28.331(1). After being sentenced to not less than 4-1/2 years nor more than 12 years on the criminal sexual conduct count, not less than 2 years nor more than 4 years on the child cruelty count, and not less than 4…”
People v. Shelton, 360 N.W.2d 234 (Mich. Ct. App. 1984).
· cites it 2× “MCL 750.136a, 750.92; MSA 28.331(1), 28.287.”
People v. Flowers, 565 N.W.2d 12 (Mich. Ct. App. 1997).
“2 The offense of child torture, formerly MCL 750.136a; MSA 28.331(1), was repealed and replaced by the child abuse offenses at issue in this case.”
People v. Barnett, 418 N.W.2d 445 (Mich. Ct. App. 1987).
“Defendant was charged with child torture, MCL 750.136a; MSA 28.331(1). Following a jury trial, defendant was convicted of child cruelty, MCL 750.”
People v. Porterfield, 420 N.W.2d 853 (Mich. Ct. App. 1988).
“Following a bench trial, defendant was convicted of child torture, MCL 750.136a; MSA 28.331(1). Defendant was sentenced to from three to ten years’ imprisonment.”
People v. Lapsley, 182 N.W.2d 601 (Mich. Ct. App. 1970).
· cites it 2× “MCLA § 750.136a (Stat Ann 1962 Rev § 28-.”
People v. Todd, 492 N.W.2d 521 (Mich. Ct. App. 1992).
“331, and the child torture statute, MCL 750.136a; MSA 28.331(1). The child cruelty statute provided, in relevant part: Any parent or guardian or person under whose *360 protection any child may be, who cruelly or unlawfully punishes, or wilfully, unlawfully or negligently…”
— Mich. Comp. Laws § 750.136a(1) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.