THE MICHIGAN PENAL CODE
Act 328 of 1931
750.350 Leading, taking, carrying away, decoying, or enticing away child under 14; intent; violation as felony; penalty; adoptive or natural parent.
Sec. 350.
(1) A person shall not maliciously, forcibly, or fraudulently lead, take, carry away, decoy, or entice away, any child under the age of 14 years, with the intent to detain or conceal the child from the child's parent or legal guardian, or from the person or persons who have adopted the child, or from any other person having the lawful charge of the child. A person who violates this section is guilty of a felony, punishable by imprisonment for life or any term of years.
(2) An adoptive or natural parent of the child shall not be charged with and convicted for a violation of this section.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.350 ;-- Am. 1983, Act 138, Eff. Dec. 1, 1983
FormerLaw Notes:
See section 30 of Ch. 153 of R.S. 1846, being CL 1857, § 5740; CL 1871, § 7539; How., § 9104; CL 1897, § 11499; CL 1915, § 15221; CL 1929, § 16737; Act 195 of 1885; and Act 95 of 1929.
Notes of Decisions
Cited in
31
cases (
8 in the last 5 years), 1971–2026 · leading case:
People v. Fonville, 804 N.W.2d 878 (Mich. Ct. App. 2011).
People v. Fonville, 804 N.W.2d 878 (Mich. Ct. App. 2011).
· cites it 7× “However, we conclude that defense counsel’s performance was constitutionally defective when he failed to inform Fonville of the sex-offender-registration requirement. And we conclude that this failure prejudiced Fonville.”
People v. Wambar, 831 N.W.2d 891 (Mich. Ct. App. 2013).
· cites it 14× “92; MCL 750.350. 1 The trial court sentenced defendant to five years’ nonreporting probation and ordered that defen *123 dant have no contact with the victim, AW, his biological child.”
People v. Golba, 729 N.W.2d 916 (Mich. Ct. App. 2007).
· cites it 2× “157c, and kidnapping a child, MCL 750.350were inherently related to sex.”
People v. Bosca, 871 N.W.2d 307 (Mich. Ct. App. 2015).
“In other words, must listed offenses, like those falling within the catchall provision, be sexual in nature? This Court addressed that question to some extent in Fonville , and upheld a defendant’s required registration under SORA for the offense of child enticement, MCL…”
In Re Bail Bond Forfeiture, 852 N.W.2d 747 (Mich. 2014).
· cites it 2× “520c(1)(a); and one count of kidnapping, MCL 750.350. Appellant-surety posted a $50,000 bond to obtain defendant’s release from jail.”
People v. Meyers, 649 N.W.2d 123 (Mich. Ct. App. 2002).
· cites it 2× “25 MCL 750.350. 26 See MCL 750.41lh and 750.”
Kennedy v. State, 640 So. 2d 22 (Ala. Crim. App. 1993).
“" Mich.Comp.Laws Ann. § 750.350(1). While this statute is now entitled "Kidnapping; child under 14," it was previously entitled "Enticing away, etc, child under 14 years of age.”
People v. Haggitt, 189 N.W.2d 842 (Mich. Ct. App. 1971).
· cites it 4× “[5] MCLA § 750.350 (Stat Ann 1954 Rev § 28.582).”
People v. Rollins, 525 N.W.2d 484 (Mich. Ct. App. 1994).
“581, and kidnapping a child under fourteen, (child enticement), MCL 750.350; MSA 28.582, and he subsequently pleaded guilty of being an habitual offender, second offense, MCL 769.”
People v. Nowicki, 539 N.W.2d 590 (Mich. Ct. App. 1995).
“MCL 750.350; MSA 28.582. He subsequently was sentenced to six to fifteen years in prison.”
People v. Rodgers, 239 N.W.2d 701 (Mich. Ct. App. 1976).
“282, and unarmed robbery, contrary to MCLA 750.350; MSA 28.798. He then pled guilty to a supplemental information filed pursuant to MCLA 769.”
People v. Kuchar, 569 N.W.2d 920 (Mich. Ct. App. 1997).
· cites it 3× “Following a jury trial, defendant was convicted of kidnapping a child under the age of fourteen, MCL 750.350; MSA 28.582. The trial court sentenced defendant, as a fourth-offense habitual offender, MCL 769.”
— Mich. Comp. Laws § 750.350(1) — 4 cases
People v. Fonville, 804 N.W.2d 878 (Mich. Ct. App. 2011).
“However, we conclude that defense counsel’s performance was constitutionally defective when he failed to inform Fonville of the sex-offender-registration requirement. And we conclude that this failure prejudiced Fonville.”
Kennedy v. State, 640 So. 2d 22 (Ala. Crim. App. 1993).
“" Mich.Comp.Laws Ann. § 750.350(1). While this statute is now entitled "Kidnapping; child under 14," it was previously entitled "Enticing away, etc, child under 14 years of age.”
People v. Kuchar, 569 N.W.2d 920 (Mich. Ct. App. 1997).
“Following a jury trial, defendant was convicted of kidnapping a child under the age of fourteen, MCL 750.350; MSA 28.582. The trial court sentenced defendant, as a fourth-offense habitual offender, MCL 769.”
— Mich. Comp. Laws § 750.350(2) — 3 cases
People v. Wambar, 831 N.W.2d 891 (Mich. Ct. App. 2013).
“92; MCL 750.350. 1 The trial court sentenced defendant to five years’ nonreporting probation and ordered that defen *123 dant have no contact with the victim, AW, his biological child.”
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