THE MICHIGAN PENAL CODE
Act 328 of 1931
750.199 Concealing or harboring person who has escaped; violation; penalties; "peace officer" defined.
Sec. 199.
(1) A person who knowingly or willfully conceals or harbors for the purpose of concealment from a peace officer a person who has escaped or is escaping from lawful custody in violation of this chapter is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(2) A person who knowingly or willfully conceals or harbors for the purpose of concealment from a peace officer a person who is the subject of 1 or more of the following is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both:
(a) An arrest warrant for a misdemeanor.
(b) A bench warrant in a civil case other than a civil infraction under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.
(c) A bench warrant in a criminal case if the underlying crime charged is a misdemeanor.
(3) A person who knowingly or willfully conceals or harbors for the purpose of concealment from a peace officer a person who is the subject of 1 or more of the following is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both:
(a) An arrest warrant for a felony.
(b) A bench warrant in a criminal case if the underlying crime charged is a felony.
(4) As used in this section, "peace officer" means that term as defined in section 215.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.199 ;-- Am. 2006, Act 242, Eff. Sept. 28, 2006
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 1987–2022 · leading case:
People v. Thomas, 475 N.W.2d 288 (Mich. 1991).
People v. Thomas, 475 N.W.2d 288 (Mich. 1991).
· cites it 2× “In Crousore , the Court rejected the contention by the defendant that the common-law offense of accessory after the fact was preempted by the harboring and concealing statute, MCL 750.199; MSA 28.396. The basis for the Court's holding was that the common-law felony punished…”
People v. Crousore, 406 N.W.2d 280 (Mich. Ct. App. 1987).
· cites it 2× “Since the claims of each defendant are different they will be considered separately.”
Guadalupe Garcia v. Matthew Thorne, 520 F. App'x 304 (6th Cir. 2013).
“Mich. Comp. Laws § 750.199 (3). Statements regarding Garcia’s knowing or willful concealment of Chaz or about Chaz’s arrest warrant for a felony would be material to a finding of probable cause for the crime of harboring a felon.”
Bourgeois v. Strawn, 501 F. Supp. 2d 978 (E.D. Mich. 2007).
· cites it 3× “81d or harbored a fugitive in violation of Michigan Compiled Law § 750.199. On October 20, 2006, the jury returned a verdict for the defendant finding no liability.”
Macleod v. Braman (E.D. Mich. 2020).
· cites it 3× “224f; harboring a felon, Mich. Comp. Laws § 750.199 (3), possession of a firearm in the commission of a felony (felony firearm), Mich.”
People of Michigan v. Joseph Bernard Dziuba (Mich. Ct. App. 2022).
· cites it 2× “Defendant testified at trial that the walls of his bedroom were soundproof and that at the time the police were attempting to gain access to his home, he was asleep in his bedroom with his three-year-old daughter.”
People of Michigan v. Dustin Lee MacLeod (Mich. Ct. App. 2016).
“7401(2)(d)(iii), harboring a felon, MCL 750.199(3), and possession of a firearm during the commission of a felony (felony-firearm), MCL 750.”
— Mich. Comp. Laws § 750.199(2) — 2 cases
Bourgeois v. Strawn, 501 F. Supp. 2d 978 (E.D. Mich. 2007).
“81d or harbored a fugitive in violation of Michigan Compiled Law § 750.199. On October 20, 2006, the jury returned a verdict for the defendant finding no liability.”
People of Michigan v. Joseph Bernard Dziuba (Mich. Ct. App. 2022).
“Defendant testified at trial that the walls of his bedroom were soundproof and that at the time the police were attempting to gain access to his home, he was asleep in his bedroom with his three-year-old daughter.”
— Mich. Comp. Laws § 750.199(3) — 1 case
People of Michigan v. Dustin Lee MacLeod (Mich. Ct. App. 2016).
“7401(2)(d)(iii), harboring a felon, MCL 750.199(3), and possession of a firearm during the commission of a felony (felony-firearm), MCL 750.”
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