THE MICHIGAN PENAL CODE
Act 328 of 1931
750.157a Conspiracy to commit offense or legal act in illegal manner; penalty.
Sec. 157a.
Any person who conspires together with 1 or more persons to commit an offense prohibited by law, or to commit a legal act in an illegal manner is guilty of the crime of conspiracy punishable as provided herein:
(a) Except as provided in paragraphs (b), (c) and (d) if commission of the offense prohibited by law is punishable by imprisonment for 1 year or more, the person convicted under this section shall be punished by a penalty equal to that which could be imposed if he had been convicted of committing the crime he conspired to commit and in the discretion of the court an additional penalty of a fine of $10,000.00 may be imposed.
(b) Any person convicted of conspiring to violate any provision of this act relative to illegal gambling or wagering or any other acts or ordinances relative to illegal gambling or wagering shall be punished by imprisonment in the state prison for not more than 5 years or by a fine of not more than $10,000.00, or both such fine and imprisonment.
(c) If commission of the offense prohibited by law is punishable by imprisonment for less than 1 year, except as provided in paragraph (b), the person convicted under this section shall be imprisoned for not more than 1 year nor fined more than $1,000.00, or both such fine and imprisonment.
(d) Any person convicted of conspiring to commit a legal act in an illegal manner shall be punished by imprisonment in the state prison for not more than 5 years or by a fine of not more than $10,000.00, or both such fine and imprisonment in the discretion of the court.
History: Add. 1966, Act 296, Eff. Mar. 10, 1967
Constitutionality Notes:
A mandatory life sentence imposed for conspiracy to commit first-degree murder, even if nonparolable, is not so excessive as to constitute cruel and unusual punishment; nor does it violate the Equal Protection Clauses of the Michigan and United States Constitutions. People v Fernandez, 427 Mich 321; 398 NW2d 311 (1986).
Notes of Decisions
Cited in
635
cases (
88 in the last 5 years), 1970–2026 · leading case:
People v. Mass, 628 N.W.2d 540 (Mich. 2001).
People v. Mass, 628 N.W.2d 540 (Mich. 2001).
· cites it 22× “Whether Knowledge of the Amount of the Controlled Substance was a Necessary Element of the Conspiracy to Delivery Charge? MCL 750.157a provides: *549 Any person who conspires together with 1 or more persons to commit an offense prohibited by law, or to commit a legal act in an…”
People v. Seewald, 879 N.W.2d 237 (Mich. 2016).
· cites it 12× “544c(9), and one count of felony conspiracy to commit a legal act in an illegal manner under MCL 750.157a. The conspiracy count charged defendant with agreeing “together with [Yowchuang] to submit nominating petitions with valid signatures to The Michigan Secretary of State by…”
People v. Fernandez, 398 N.W.2d 311 (Mich. 1986).
· cites it 34× “We granted leave in this case to consider whether MCL 750.157a; MSA 28.354(1) requires a mandatory nonparolable life sentence for persons convicted of conspiracy to commit first-degree murder, and whether conspiracy to commit second-degree murder is a lesser included offense…”
People v. Denio, 564 N.W.2d 13 (Mich. 1997).
· cites it 17× “*15 § 750.157a; MSA 28.354(1), [1] as it relates to the consecutive sentencing provision of M.”
People v. Bahoda, 531 N.W.2d 659 (Mich. 1995).
· cites it 4× “NOTES [1] MCL 750.157a; MSA 28.354(1); MCL 333.7401(2)(a)(i); MSA 14.”
People v. Peltola, 803 N.W.2d 140 (Mich. 2011).
· cites it 4× “2 MCL 750.157a. 3 MCL 333.7413(2) states, “Except as otherwise provided in subsections (1) and (3), an individual convicted of a second or subsequent offense under this article may be imprisoned for a term not more than twice the term otherwise authorized or fined an amount not…”
People v. Siebert, 537 N.W.2d 891 (Mich. 1995).
· cites it 12× “[3] MCL 750.157a; MSA 28.354(1) and MCL 333.7401(1), (2)(a)(i); MSA 14.”
People v. Jahner, 446 N.W.2d 151 (Mich. 1989).
· cites it 8× “[MCL 750.157a; MSA 28.354(1).] Thus, the penalty for conspiracy is vicarious and depends upon the target offense penalty where the target offense is punishable by imprisonment for one year or more.”
People v. Konopka (On Remand), 869 N.W.2d 651 (Mich. Ct. App. 2015).
· cites it 3× “356c, and conspiracy to commit first-degree retail fraud, MCL 750.157a. On July 17, 2013, the trial court sentenced defendant as a second-offense habitual offender, MCL 769.”
People v. Carter, 330 N.W.2d 314 (Mich. 1982).
· cites it 5× “410, and conspiracy to commit that same crime, MCL 750.157a; MSA 28.354(1). We hold that, under the facts of this case, the defendant was properly convicted under both the aiding and abetting and conspiracy statutes.”
People v. Schultz, 460 N.W.2d 505 (Mich. 1990).
· cites it 6× “PEOPLE v SAND On February 4, 1988, defendant Jeffrey Francis Sand pled guilty of conspiracy to deliver more than 50 grams but less than 225 grams of a mixture containing cocaine pursuant to MCL 750.157a; MSA 28.354(1) and MCL 333.7401(2)(a)(iii); MSA 14.”
People v. Duncan, 260 N.W.2d 58 (Mich. 1977).
· cites it 4× “Defendants Duncan and McIntosh were found guilty by a jury of conspiracy to do a legal act in an illegal manner, MCLA 750.157a; MSA 28.354(1), and solicitation of a bribe, MCLA 750.”
— Mich. Comp. Laws § 750.157a(a) — 57 cases
People v. Denio, 564 N.W.2d 13 (Mich. 1997).
“*15 § 750.157a; MSA 28.354(1), [1] as it relates to the consecutive sentencing provision of M.”
People v. Peltola, 803 N.W.2d 140 (Mich. 2011).
“2 MCL 750.157a. 3 MCL 333.7413(2) states, “Except as otherwise provided in subsections (1) and (3), an individual convicted of a second or subsequent offense under this article may be imprisoned for a term not more than twice the term otherwise authorized or fined an amount not…”
— Mich. Comp. Laws § 750.157a(b) — 4 cases
— Mich. Comp. Laws § 750.157a(c) — 6 cases
People v. Seewald, 879 N.W.2d 237 (Mich. 2016).
“544c(9), and one count of felony conspiracy to commit a legal act in an illegal manner under MCL 750.157a. The conspiracy count charged defendant with agreeing “together with [Yowchuang] to submit nominating petitions with valid signatures to The Michigan Secretary of State by…”
— Mich. Comp. Laws § 750.157a(d) — 3 cases
People v. Seewald, 879 N.W.2d 237 (Mich. 2016).
“544c(9), and one count of felony conspiracy to commit a legal act in an illegal manner under MCL 750.157a. The conspiracy count charged defendant with agreeing “together with [Yowchuang] to submit nominating petitions with valid signatures to The Michigan Secretary of State by…”
— Mich. Comp. Laws § 750.157a(l)(a) — 1 case
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