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

Mich. Comp. Laws § 750.451 (2026)

Violation of MCL 750.448, 750.449, 750.449a(1), 750.450, or 750.462; prior convictions; penalty; prosecution of person under 18 years of age; presumption; report; investigation by department of health and human services; "prior conviction" defined.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.451 Violation of MCL 750.448, 750.449, 750.449a(1), 750.450, or 750.462; prior convictions; penalty; prosecution of person under 18 years of age; presumption; report; investigation by department of health and human services; "prior conviction" defined.

Sec. 451.

    (1) Except as otherwise provided in this section, a person convicted of violating section 448, 449, 449a(1), 450, or 462 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 16 years of age or older who is convicted of violating section 448, 449, 449a(1), 450, or 462 and who has 1 prior conviction is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

    (3) A person convicted of violating section 448, 449, 449a(1), 450, or 462 and who has 2 or more prior convictions is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

    (4) A person convicted of violating section 449a(2) is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both.

    (5) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant's prior conviction or convictions shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:

    (a) A copy of the judgment of conviction.

    (b) A transcript of a prior trial, plea-taking, or sentencing.

    (c) Information contained in a presentence report.

    (d) The defendant's statement.

    (6) In any prosecution of a person under 18 years of age for an offense punishable under this section or a local ordinance substantially corresponding to an offense punishable under this section, it shall be presumed that the person under 18 years of age was coerced into child sexually abusive activity or commercial sexual activity in violation of section 462e or otherwise forced or coerced into committing that offense by another person engaged in human trafficking in violation of sections 462a to 462h. The prosecution may overcome this presumption by proving beyond a reasonable doubt that the person was not forced or coerced into committing the offense. The state may petition the court to find the person under 18 years of age to be dependent and in danger of substantial physical or psychological harm under section 2(b)(3) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2. A person under 18 years of age who fails to substantially comply with court-ordered services under section 2(b)(3) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, is not eligible for the presumption under this section.

    (7) Excluding any reasonable period of detention for investigation purposes, a law enforcement officer who encounters a person under 18 years of age engaging in any conduct that would be a violation of section 448, 449, 450, or 462, or a local ordinance substantially corresponding to section 448, 449, 450, or 462, if engaged in by a person 16 years of age or over shall immediately report to the department of health and human services a suspected violation of human trafficking involving a person under 18 years of age in violation of sections 462a to 462h.

    (8) The department of health and human services shall begin an investigation of a human trafficking violation reported to the department of health and human services under subsection (7) within 24 hours after the report is made to the department of health and human services, as provided in section 8 of the child protection law, 1975 PA 238, MCL 722.628. The investigation shall include a determination as to whether the person under 18 years of age is dependent and in danger of substantial physical or psychological harm under section 2(b)(3) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2.

    (9) As used in this section, "prior conviction" means a violation of section 448, 449, 449a(1), 450, or 462 or a violation of a law of another state or of a political subdivision of this state or another state substantially corresponding to section 448, 449, 449a(1), 450, or 462.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.451 ;-- Am. 1969, Act 243, Eff. Mar. 20, 1970 ;-- Am. 2002, Act 43, Imd. Eff. Mar. 14, 2002 ;-- Am. 2002, Act 44, Eff. June 1, 2002 ;-- Am. 2014, Act 336, Eff. Jan. 14, 2015 ;-- Am. 2016, Act 338, Eff. Mar. 14, 2017

FormerLaw Notes:

    See section 4 of Act 231 of 1925, being CL 1929, § 16874.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1981–2024 · leading case: People v. Morey, 603 N.W.2d 250 (Mich. 1999).
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People v. Morey, 603 N.W.2d 250 (Mich. 1999). “705, MCL 750.451; MSA 28.706, which carries a penalty of up to ninety days in jail or a $100 fine.”
People v. Norwood, 303 Mich. App. 466 (Mich. Ct. App. 2013). “Similarly, under the sixth clause of the pandering statute, facilitating interstate prostitution activities carries a separate and more severe penalty of up to twenty years imprisonment, MCL 750.”
City of Detroit v. Recorder's Court Judge, 304 N.W.2d 829 (Mich. Ct. App. 1981). “MCL 750.451; MSA 28.706. The Detroit ordinance, does not have such a progressive punishment scheme.”
People of Michigan v. Kelvin Willis, 931 N.W.2d 1 (Mich. 2019). · cites it 2× “00, or both,” MCL 750.451(4). 6 The Court finds that the examining magistrate clearly erred in its interpretation of the law, that the examining magistrate interpreted the law incorrectly and that the statute—although I think it’s understandable and confusing particularly in…”
People of Michigan v. Cora Ladane Lymon (Mich. 2024). · cites it 2× “145d(2)(c); 93 days for soliciting to commit a lewd or immoral act, MCL 750.451(1); two years for fourth-degree CSC involving a young child, MCL 750.”
in Re a Smith Minor (Mich. Ct. App. 2018). “In June 2016, respondent pleaded no-contest to engaging in the services of a minor for the purposes of prostitution, MCL 750.451(4), and attempted sodomy, MCL 750.”
in Re a Smith Minor (Mich. Ct. App. 2018). “In June 2016, respondent pleaded no-contest to engaging in the services of a minor for the purposes of prostitution, MCL 750.451(4), and attempted sodomy, MCL 750.”
People of Michigan v. Ivan Francis (Mich. Ct. App. 2023). “449a(2), which provides: A person who engages or offers to engage the services of another person, who is less than 18 years of age and who is not his or her spouse, for the purpose of prostitution, lewdness, or assignation, by the payment in money or other forms of…”
People of Michigan v. Tammy Louise Harbin (Mich. Ct. App. 2015). “Defendant contended that her prostitution convictions should not be scored under PRV 5 because prostitution is a crime against public order, MCL 750.451; however, pursuant to MCL 777.”
— Mich. Comp. Laws § 750.451(1) — 1 case
People of Michigan v. Cora Ladane Lymon (Mich. 2024). “145d(2)(c); 93 days for soliciting to commit a lewd or immoral act, MCL 750.451(1); two years for fourth-degree CSC involving a young child, MCL 750.”
— Mich. Comp. Laws § 750.451(4) — 4 cases
People of Michigan v. Kelvin Willis, 931 N.W.2d 1 (Mich. 2019). “00, or both,” MCL 750.451(4). 6 The Court finds that the examining magistrate clearly erred in its interpretation of the law, that the examining magistrate interpreted the law incorrectly and that the statute—although I think it’s understandable and confusing particularly in…”
in Re a Smith Minor (Mich. Ct. App. 2018). “In June 2016, respondent pleaded no-contest to engaging in the services of a minor for the purposes of prostitution, MCL 750.451(4), and attempted sodomy, MCL 750.”
in Re a Smith Minor (Mich. Ct. App. 2018). “In June 2016, respondent pleaded no-contest to engaging in the services of a minor for the purposes of prostitution, MCL 750.451(4), and attempted sodomy, MCL 750.”
People of Michigan v. Cora Ladane Lymon (Mich. 2024). “145d(2)(c); 93 days for soliciting to commit a lewd or immoral act, MCL 750.451(1); two years for fourth-degree CSC involving a young child, MCL 750.”
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