THE MICHIGAN PENAL CODE
Act 328 of 1931
750.436 Mingling poison or harmful substance with food, drink, nonprescription medicine, or pharmaceutical product, or placing poison or harmful substance in spring, well, reservoir, or public water supply; false information; violation; penalties.
Sec. 436.
(1) A person shall not do either of the following:
(a) Willfully mingle a poison or harmful substance with a food, drink, nonprescription medicine, or pharmaceutical product, or willfully place a poison or harmful substance in a spring, well, reservoir, or public water supply, knowing or having reason to know that the food, drink, nonprescription medicine, pharmaceutical product, or water may be ingested or used by a person to his or her injury.
(b) Maliciously inform another person that a poison or harmful substance has been or will be placed in a food, drink, nonprescription medicine, pharmaceutical product, spring, well, reservoir, or public water supply, knowing that the information is false and that it is likely that the information will be disseminated to the public.
(2) A person who violates subsection (1)(a) is guilty of a crime as follows:
(a) Except as provided in subdivisions (b) to (e), the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.
(b) If the violation damages the property of another person, the person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $15,000.00, or both.
(c) If the violation causes physical injury to another individual, other than serious impairment of a body function, the person is guilty of a felony punishable by imprisonment for not more than 25 years or a fine of not more than $20,000.00, or both.
(d) If the violation causes serious impairment of a body function to another individual, the person is guilty of a felony punishable by imprisonment for life or any term of years or a fine of not more than $25,000.00, or both. As used in this subdivision, "serious impairment of a body function" means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.
(e) Except as provided in sections 25 and 25a of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.25 and 769.25a, if the violation causes the death of another individual, the person is guilty of a felony and shall be imprisoned for life without eligibility for parole and may be fined not more than $40,000.00, or both.
(3) A person who violates subsection (1)(b) is guilty of a crime as follows:
(a) Except as provided in subdivision (b), the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.
(b) If the person has previously been convicted of violating subsection (1)(b), the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both.
(4) The court may order a term of imprisonment imposed for a violation of this section to be served consecutively to a term of imprisonment imposed for any other violation of law arising out of the same transaction as the violation of this section.
(5) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.436 ;-- Am. 1988, Act 87, Eff. July 1, 1988 ;-- Am. 2002, Act 135, Eff. Apr. 22, 2002 ;-- Am. 2014, Act 23, Imd. Eff. Mar. 4, 2014
FormerLaw Notes:
See section 27 of Ch. 153 of R.S. 1846, being CL 1857, § 5737; CL 1871, § 7536; How., § 9101; CL 1897, § 11496; CL 1915, § 15218; and CL 1929, § 16734.
Notes of Decisions
United States v. Narciso, 446 F. Supp. 252 (E.D. Mich. 1977).
· cites it 3× “§ 750.436. The parties have submitted briefs and the Court heard oral arguments on November 2, 1977.”
People v. Holtschlag, 684 N.W.2d 730 (Mich. 2004).
· cites it 2× “knowing or having reason to know that the food, drink, nonprescription medicine, pharmaceutical product, or water may be ingested or used by a person to his or her injury.”
People of Michigan v. Romon Berry McBurrows, 913 N.W.2d 342 (Mich. Ct. App. 2017).
· cites it 2× “316(1)(a), 6 or mingling a poison or harmful substance with food, drink, nonprescription medicine, or a pharmaceutical product, see MCL 750.436(1)(a). 7 Moreover, for purposes of establishing venue, the lesson from Southwick is that the mortal wound, injury, or poison must be…”
People v. Skinner, 877 N.W.2d 482 (Mich. Ct. App. 2015).
· cites it 2× “18; MCL 750.436(2)(e) and MCL 750.543f. The issue of whether these offenses constitute “homicide offenses” under Graham, 560 US at 48 and Miller, 576 US at___, for purposes of sentencing juvenile offenders to life without parole is not before this Court.”
Chad Ruimveld v. Thomas Birkett, Warden, 404 F.3d 1006 (6th Cir. 2005).
“After another guard noted that Ruimveld had been given permission to enter the break room to get some gloves for use while cleaning, Ruim-veld was charged with poisoning, under Mich. Comp. Laws § 750.436 (1). Ruimveld’s trial was held in a special courtroom inside the prison…”
People v. West, 317 N.W.2d 261 (Mich. Ct. App. 1982).
· cites it 2× “, with the intent to kill or injure, MCL 750.436; MSA 28.691, attempt to wreck railroad trains or endanger the safety of passengers, MCL 750.”
People v. Blythe, 339 N.W.2d 399 (Mich. 1983).
“, with the intent to kill or injure, MCL 750.436; MSA 28.691, attempt to wreck railroad trains or endanger the safety of passengers, MCL 750.”
People v. Lay, 57 N.W.2d 453 (Mich. 1953).
“Evidently defendant was charged with having falsely reported to the officer a violation of the following statute, CL 1948, § 750.436 (Stat Ann § 28.691): “Any person who shall mingle any poison Avith any food, drink or medicines, with intent to kill or injure any other person,…”
People v. Turner, 332 N.W.2d 626 (Mich. Ct. App. 1983).
“406 (placing explosives with intent to destroy and cause injury to another person), MCL 750.349; MSA 28.581 (kidnapping), MCL 750.”
People v. Belknap, 379 N.W.2d 437 (Mich. Ct. App. 1985).
“548, and two counts of poisoning food with intent to kill or injure, MCL 750.436; MSA 28.691. After an evidentiary hearing pursuant to People v Walker (On Rehearing), 374 Mich 331 ; 132 NW2d 87 (1965), the circuit judge held that two statements defendant made to the police were…”
in Re Taylor Anne Killich (Mich. Ct. App. 2017).
· cites it 3× “We vacate and remand. I. BACKGROUND Petitioner filed a delinquency proceedings petition against respondent for violating MCL 750.”
People of Michigan v. Romon Berry McBurrows (Mich. Ct. App. 2017).
· cites it 2× “316(1)(a),5 or mingling a poison or harmful substance with food, drink, nonprescription medicine, or a pharmaceutical product, see MCL 750.436(1)(a).6 Moreover, for purposes of establishing venue, the lesson from Southwick is that the mortal wound, injury, or poison must be…”
— Mich. Comp. Laws § 750.436(1) — 1 case
People v. Holtschlag, 684 N.W.2d 730 (Mich. 2004).
“knowing or having reason to know that the food, drink, nonprescription medicine, pharmaceutical product, or water may be ingested or used by a person to his or her injury.”
— Mich. Comp. Laws § 750.436(1)(a) — 2 cases
People of Michigan v. Romon Berry McBurrows, 913 N.W.2d 342 (Mich. Ct. App. 2017).
“316(1)(a), 6 or mingling a poison or harmful substance with food, drink, nonprescription medicine, or a pharmaceutical product, see MCL 750.436(1)(a). 7 Moreover, for purposes of establishing venue, the lesson from Southwick is that the mortal wound, injury, or poison must be…”
People of Michigan v. Romon Berry McBurrows (Mich. Ct. App. 2017).
“316(1)(a),5 or mingling a poison or harmful substance with food, drink, nonprescription medicine, or a pharmaceutical product, see MCL 750.436(1)(a).6 Moreover, for purposes of establishing venue, the lesson from Southwick is that the mortal wound, injury, or poison must be…”
— Mich. Comp. Laws § 750.436(2)(a) — 1 case
in Re Taylor Anne Killich (Mich. Ct. App. 2017).
“We vacate and remand. I. BACKGROUND Petitioner filed a delinquency proceedings petition against respondent for violating MCL 750.”
— Mich. Comp. Laws § 750.436(2)(e) — 1 case
People v. Skinner, 877 N.W.2d 482 (Mich. Ct. App. 2015).
“18; MCL 750.436(2)(e) and MCL 750.543f. The issue of whether these offenses constitute “homicide offenses” under Graham, 560 US at 48 and Miller, 576 US at___, for purposes of sentencing juvenile offenders to life without parole is not before this Court.”
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