Mich. Comp. Laws » Michigan Compiled Laws / Chapter 750 / Act 328 of 1931
Michigan Compiled Laws

Mich. Comp. Laws § 750.138 (2026)

Children; legal custody; interference.

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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.138 Children; legal custody; interference.

Sec. 138.

    A person who in any manner interferes or attempts to interfere with the custody of any child who has been adjudged to be dependent, neglected, or delinquent pursuant to chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.1 to 712A.32, after the making of an order of commitment to a state institution or otherwise, in accordance with that act and pending the actual admission and reception of the child as an inmate of the institution, school, or home to which commitment is made; and any person who entices the neglected, dependent, or delinquent child from and out of the custody of the person or persons entitled thereto under the order of the court or who shall in any way interfere or attempt to interfere with the custody; and a person who entices or procures the child committed as aforesaid to leave and depart from any hospital or other place where the child was placed pursuant to the order of the court for the purpose of receiving medical treatment pending admission into the state institution, school, home, or other institution or place to which commitment may have been made, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.138 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003

Compiler's Notes:

    Act 6 of 1907, Ex. Sess., referred to in this section, was repealed by Act 288 of 1939. For present law, see MCL 712A.1 et seq.

FormerLaw Notes:

    See sections 1 and 2 of Act 286 of 1915, being CL 1915, §§ 2026 and 2027; CL 1929, §§ 12850 and 12851.

Notes of Decisions
Cited in 2 cases, 1970–1980 · leading case: People v. Bol, 178 N.W.2d 516 (Mich. Ct. App. 1970).
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People v. Bol, 178 N.W.2d 516 (Mich. Ct. App. 1970). · cites it 3× “Defendant was charged with the crime of interfering with the custody of a minor, *246 pursuant to CL 1948, § 750.138 (Stat Ann 1962 Rev § 28.333). He was tried in circuit court on August 10, 1968, and the jury found him guilty as charged.”
People v. Fields, 300 N.W.2d 548 (Mich. Ct. App. 1980). · cites it 2× “MCL 750.138; MSA 28.333, dealing with interfering with legal custody of dependent, neglected and delinquent children, provides in part: *294 "Any person who shall in any manner interfere or attempt to interfere with the custody of any dependent, neglected or delinquent child who…”
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