THE MICHIGAN PENAL CODE
Act 328 of 1931
750.157b Solicitation to commit murder or felony; penalty; affirmative defense.
Sec. 157b.
(1) For purposes of this section, "solicit" means to offer to give, promise to give, or give any money, services, or anything of value, or to forgive or promise to forgive a debt or obligation.
(2) A person who solicits another person to commit murder, or who solicits another person to do or omit to do an act which if completed would constitute murder, is guilty of a felony punishable by imprisonment for life or any term of years.
(3) Except as provided in subsection (2), a person who solicits another person to commit a felony, or who solicits another person to do or omit to do an act which if completed would constitute a felony, is punishable as follows:
(a) If the offense solicited is a felony punishable by imprisonment for life, or for 5 years or more, the person is guilty of a felony punishable by imprisonment for not more than 5 years or by a fine not to exceed $5,000.00, or both.
(b) If the offense solicited is a felony punishable by imprisonment for a term less than 5 years or by a fine, the person is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or by a fine not to exceed $1,000.00, or both, except that a term of imprisonment shall not exceed 1/2 of the maximum imprisonment which can be imposed if the offense solicited is committed.
(4) It is an affirmative defense to a prosecution under this section that, under circumstances manifesting a voluntary and complete renunciation of his or her criminal purpose, the actor notified the person solicited of his or her renunciation and either gave timely warning and cooperation to appropriate law enforcement authorities or otherwise made a substantial effort to prevent the performance of the criminal conduct commanded or solicited, provided that conduct does not occur. The defendant shall establish by a preponderance of the evidence the affirmative defense under this subsection.
History: Add. 1968, Act 308, Eff. July 1, 1968 ;-- Am. 1986, Act 124, Eff. July 1, 1986
Constitutionality Notes:
Successive prosecutions for obstruction of justice under federal law, and inducing murder under MCL 750.157b, arising out of the same criminal act do not violate the guarantee against double jeopardy in the Michigan Constitution. People v Formicola, 407 Mich 293; 284 NW2d 334 (1979).
Notes of Decisions
Cited in
63
cases (
10 in the last 5 years), 1978–2026 · leading case:
People v. Thousand, 631 N.W.2d 694 (Mich. 2001).
People v. Thousand, 631 N.W.2d 694 (Mich. 2001).
· cites it 24× “§ 750.157b. The circuit court granted defendant's motion to quash and dismissed all charges against him on the basis that it was legally impossible for him to have committed any of the charged crimes.”
People v. Fyda, 793 N.W.2d 712 (Mich. Ct. App. 2010).
· cites it 3× “MCL 750.157b(1). People v Crawford, 232 Mich App 608, 616 ; 591 NW2d 669 (1998).”
People v. Richendollar, 270 N.W.2d 530 (Mich. Ct. App. 1978).
· cites it 12× “548, and with inciting, inducing or exhorting first-degree murder, MCL 750.157b; MSA 28.354(2), defendant was acquitted *77 of the conspiracy charge, and convicted of the inciting, inducing or exhorting charge.”
People v. Sexton, 646 N.W.2d 875 (Mich. Ct. App. 2002).
· cites it 6× “Defendant appeals as of right a jury trial conviction of solicitation to commit murder, MCL 750.157b, conspiracy to commit murder, MCL 750.”
People v. Shafou, 330 N.W.2d 647 (Mich. 1982).
· cites it 17× “Defendant was convicted by a jury of inciting, inducing, or exhorting another person to unlawfully burn property in violation of MCL 750.157b; MSA 28.354(2). The Court of Appeals reversed defendant’s conviction in an unpublished per curiam opinion, Judge Kaufman dissenting.”
People v. Rehkopf, 370 N.W.2d 296 (Mich. 1985).
· cites it 10× “354(2), to be punishable by mandatory life imprisonment; (3) Whether a punishment of mandatory life imprisonment for inciting to murder constitutes cruel and unusual punishment or a denial of equal protection of the laws; and (4) Whether the Court of Appeals can properly…”
People v. Burgess, 396 N.W.2d 814 (Mich. Ct. App. 1986).
· cites it 6× “354(1), and inciting, inducing or exhorting another to commit murder, in violation of MCL 750.157b; MSA 28.354(2). Defendant was sentenced to life imprisonment for *719 first-degree murder and to not less than 70 years nor more than 105 years in prison on each of the other two…”
People v. Owens, 345 N.W.2d 904 (Mich. Ct. App. 1983).
· cites it 10× “Defendant appeals as of right from his convictions after a jury trial of two counts of incitement of first-degree murder, MCL 750.157b; *81 MSA 28.354(2), and two counts of conspiracy to commit first-degree murder, MCL 750.”
People v. Houthoofd, 487 Mich. 568 (Mich. 2010).
· cites it 3× “8 caselaw applies 22 The solicitation to commit murder statute, MCL 750.157b, provides in relevant part: (1) For purposes of this section, “solicit” means to offer to give, promise to give, or give any money, services, or anything of value, or to forgive or promise to forgive a…”
People v. Crawford, 591 N.W.2d 669 (Mich. Ct. App. 1999).
· cites it 3× “Defendant appeals as of right a sentence of fifteen to thirty years’ imprisonment imposed after a jury found him guilty of solicitation of murder, MCL 750.157b; MSA 28.354(2), and after he pleaded guilty of being a fourth-offense habitual offender, MCL 769.”
People v. Pfaffle, 632 N.W.2d 162 (Mich. Ct. App. 2001).
· cites it 2× “46 MCL 750.157b. 47 Rehkopf, supra at 203, n 1 .”
People v. Chapman, 264 N.W.2d 69 (Mich. Ct. App. 1978).
· cites it 4× “Defendant was charged with inciting, inducing or exhorting another to commit murder, MCLA 750.157b; MSA 28.354(2). At his preliminary examination, the magistrate refused to bind defendant over for trial, on grounds that the prosecution was required to establish, as part of the…”
— Mich. Comp. Laws § 750.157b(1) — 2 cases
People v. Fyda, 793 N.W.2d 712 (Mich. Ct. App. 2010).
“MCL 750.157b(1). People v Crawford, 232 Mich App 608, 616 ; 591 NW2d 669 (1998).”
People v. Pfaffle, 632 N.W.2d 162 (Mich. Ct. App. 2001).
“46 MCL 750.157b. 47 Rehkopf, supra at 203, n 1 .”
— Mich. Comp. Laws § 750.157b(2) — 22 cases
People v. Fyda, 793 N.W.2d 712 (Mich. Ct. App. 2010).
“MCL 750.157b(1). People v Crawford, 232 Mich App 608, 616 ; 591 NW2d 669 (1998).”
People v. Sexton, 646 N.W.2d 875 (Mich. Ct. App. 2002).
“Defendant appeals as of right a jury trial conviction of solicitation to commit murder, MCL 750.157b, conspiracy to commit murder, MCL 750.”
— Mich. Comp. Laws § 750.157b(3) — 1 case
People v. Thousand, 631 N.W.2d 694 (Mich. 2001).
“§ 750.157b. The circuit court granted defendant's motion to quash and dismissed all charges against him on the basis that it was legally impossible for him to have committed any of the charged crimes.”
— Mich. Comp. Laws § 750.157b(3)(a) — 2 cases
People v. Thousand, 631 N.W.2d 694 (Mich. 2001).
“§ 750.157b. The circuit court granted defendant's motion to quash and dismissed all charges against him on the basis that it was legally impossible for him to have committed any of the charged crimes.”
— Mich. Comp. Laws § 750.157b(4) — 2 cases
People v. Crawford, 591 N.W.2d 669 (Mich. Ct. App. 1999).
“Defendant appeals as of right a sentence of fifteen to thirty years’ imprisonment imposed after a jury found him guilty of solicitation of murder, MCL 750.157b; MSA 28.354(2), and after he pleaded guilty of being a fourth-offense habitual offender, MCL 769.”
— Mich. Comp. Laws § 750.157b(l) — 2 cases
People v. Sexton, 646 N.W.2d 875 (Mich. Ct. App. 2002).
“Defendant appeals as of right a jury trial conviction of solicitation to commit murder, MCL 750.157b, conspiracy to commit murder, MCL 750.”
People v. Crawford, 591 N.W.2d 669 (Mich. Ct. App. 1999).
“Defendant appeals as of right a sentence of fifteen to thirty years’ imprisonment imposed after a jury found him guilty of solicitation of murder, MCL 750.157b; MSA 28.354(2), and after he pleaded guilty of being a fourth-offense habitual offender, MCL 769.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.