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

Mich. Comp. Laws § 750.349a (2026)

Prisoner taking person as hostage.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.349a Prisoner taking person as hostage.

Sec. 349a.

    A person imprisoned in any penal or correctional institution located in this state who takes, holds, carries away, decoys, entices away or secretes another person as a hostage by means of threats, coercion, intimidation or physical force is guilty of a felony and shall be imprisoned in the state prison for life, or any term of years, which shall be served as a consecutive sentence.

History: Add. 1972, Act 316, Imd. Eff. Jan. 2, 1973

Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 1973–2025 · leading case: People v. Cousins, 363 N.W.2d 285 (Mich. Ct. App. 1984).
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People v. Cousins, 363 N.W.2d 285 (Mich. Ct. App. 1984). · cites it 7× “278; taking another as a hostage, MCL 750.349a; MSA 28.581(1); assault with a dangerous weapon, MCL 750.”
People v. Harman, 333 N.W.2d 591 (Mich. Ct. App. 1983). · cites it 2× “581, and taking of hostages by penal inmates, MCL 750.349a; MSA 28.581(1), carry minimum terms of "life or any term of years".”
People v. Turner, 332 N.W.2d 626 (Mich. Ct. App. 1983). “581 (kidnapping), MCL 750.349a; MSA 28.581(1) (taking of hostages by a prison inmate), MCL 750.”
People of Michigan v. Alize Zachary Dwayne Montague (Mich. Ct. App. 2021). · cites it 7× “Defendant was sentenced as a fourth habitual offender, MCL 769.12, to 30 to 60 years’ imprisonment for both prisoner taking a hostage and kidnapping, and six to 20 years’ imprisonment for escaping from prison.”
People v. Nash, 209 N.W.2d 432 (Mich. Ct. App. 1973). “” MCLA 750.349a; MSA 28.581(1). 3 Accord, People v Iverson, 26 Cal App 3d 598; 102 Cal Rptr 913 (1972).”
People of Michigan v. Alize Zachary Dwayne Montague (Mich. Ct. App. 2021). · cites it 3× “Because the instruction as given negated an intent ingredient required under the law, it did not fairly present the issue to be tried regarding the charges of prisoner taking a hostage, MCL 750.349a, and kidnapping, MCL 750.249.”
People of Michigan v. Dontrel Jermaine Williams (Mich. Ct. App. 2019). “349(2) (defining the “restrain” element for kidnapping as “to restrict a person’s movements or to confine the person”) with MCL 750.349a(2) (defining the “restrain” element for unlawful imprisonment as “to forcibly restrict a person’s movements or to forcibly confine the…”
20250116_C363151_52_363151.Opn_Order.Pdf (Mich. Ct. App. 2025). “195(2), (5) when an imprisoned person takes another person as a hostage, MCL 750.349a, (6) when a person escapes incarceration while awaiting examination, trial, arraignment, or sentence for a felony, MCL 750.”
People v. Travis, 451 N.W.2d 641 (Mich. Ct. App. 1990). “On September 15, 1987, following a jury trial, defendant, Namon Travis, was convicted of three counts of taking another hostage while a prisoner, MCL 750.349a; MSA 28.581(1). Defendant was subsequently sentenced to thirty to eighty years on Count i, twenty-five to eighty years…”
— Mich. Comp. Laws § 750.349a(2) — 1 case
People of Michigan v. Dontrel Jermaine Williams (Mich. Ct. App. 2019). “349(2) (defining the “restrain” element for kidnapping as “to restrict a person’s movements or to confine the person”) with MCL 750.349a(2) (defining the “restrain” element for unlawful imprisonment as “to forcibly restrict a person’s movements or to forcibly confine the…”
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