THE MICHIGAN PENAL CODE
Act 328 of 1931
750.483a Prohibited acts; penalties; “retaliate,” “official proceeding,” and “threaten or intimidate” defined.
Sec. 483a.
(1) A person shall not do any of the following:
(a) Withhold or refuse to produce any testimony, information, document, or thing after the court has ordered it to be produced following a hearing.
(b) Prevent or attempt to prevent through the unlawful use of physical force another person from reporting a crime committed or attempted by another person.
(c) Intentionally use the person's professional position of authority over another person to prevent or attempt to prevent the other person from reporting a crime listed in section 136b, 520b, 520c, 520d, 520e, or 520g, that is committed or attempted by another person.
(d) Retaliate or attempt to retaliate against another person for having reported or attempted to report a crime committed or attempted by another person. As used in this subdivision, "retaliate" means to do any of the following:
(i) Commit or attempt to commit a crime against any person.
(ii) Threaten to kill or injure any person or threaten to cause property damage.
(2) A person who violates subsection (1) is guilty of a crime as follows:
(a) Except as provided in subdivision (b), the person 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.
(b) If the violation involves committing or attempting to commit a crime or a threat to kill or injure any person or to cause property damage, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $20,000.00, or both.
(3) A person shall not do any of the following:
(a) Give, offer to give, or promise anything of value to any person to influence a person's statement to a police officer conducting a lawful investigation of a crime or the presentation of evidence to a police officer conducting a lawful investigation of a crime.
(b) Threaten or intimidate any person to influence a person's statement to a police officer conducting a lawful investigation of a crime or the presentation of evidence to a police officer conducting a lawful investigation of a crime.
(4) A person who violates subsection (3) is guilty of a crime as follows:
(a) Except as provided in subdivision (b), the person 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.
(b) If the violation involves committing or attempting to commit a crime or a threat to kill or injure any person or to cause property damage, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $20,000.00, or both.
(5) A person shall not do any of the following:
(a) Knowingly and intentionally remove, alter, conceal, destroy, or otherwise tamper with evidence to be offered in a present or future official proceeding.
(b) Offer evidence at an official proceeding that the person recklessly disregards as false.
(6) A person who violates subsection (5) 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 $5,000.00, or both.
(b) If the violation is committed in a criminal case for which the maximum term of imprisonment for the violation is more than 10 years, or the violation is punishable by imprisonment for life or any term of years, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $20,000.00, or both.
(7) It is an affirmative defense under subsection (3), for which the defendant has the burden of proof by a preponderance of the evidence, that the conduct consisted solely of lawful conduct and that the defendant's sole intention was to encourage, induce, or cause the other person to provide a statement or evidence truthfully.
(8) Subsections (1)(a), (3)(b), and (5)(b) do not apply to any of the following:
(a) The lawful conduct of an attorney in the performance of the attorney's duties, such as advising a client.
(b) The lawful conduct or communications of a person as permitted by statute or other lawful privilege.
(9) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law arising out of the same transaction as the violation of this section.
(10) 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 crime including any other violation of law arising out of the same transaction as the violation of this section.
(11) As used in this section:
(a) "Official proceeding" means a proceeding heard before a legislative, judicial, administrative, or other governmental agency or official authorized to hear evidence under oath, including a referee, prosecuting attorney, hearing examiner, commissioner, notary, or other person taking testimony or deposition in that proceeding.
(b) "Threaten or intimidate" does not mean a communication regarding the otherwise lawful access to courts or other branches of government, such as the lawful filing of any civil action or police report of which the purpose is not to harass the other person in violation of section 2907 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2907.
History: Add. 2000, Act 451, Eff. Mar. 28, 2001 ;-- Am. 2023, Act 49, Eff. Sept. 27, 2023
Notes of Decisions
Cited in
68
cases (
25 in the last 5 years), 2007–2026 · leading case:
People v. Kissner, 808 N.W.2d 522 (Mich. Ct. App. 2011).
People v. Kissner, 808 N.W.2d 522 (Mich. Ct. App. 2011).
· cites it 9× “483a(6)(a), *535 which lists possible punishments for a violation of MCL 750.483a(5). MCL 750.483a(5) states: A person shall not do any of the following: (a) Knowingly and intentionally remove, alter, conceal, destroy, or otherwise tamper with evidence to be offered in a present…”
Denhof v. Challa, 876 N.W.2d 266 (Mich. Ct. App. 2015).
· cites it 5× “Finally, in Count IV of his complaint, Denhof alleged that Challa engaged in obstruction of justice under MCL 750.483a(5) by withholding and destroying the June 2002 FOC document, which purportedly constituted exculpatory evidence relative to the CSC case.”
People v. Holley, 747 N.W.2d 856 (Mich. 2008).
· cites it 60× “Because we conclude that neither the placement of subsection 1(b) in the statutory scheme of MCL 750.483a nor the grammatical construction of subsection 1(b) requires such proof, we reverse the judgment of the Court of Appeals that held to the contrary and reinstate defendant's…”
In re Brennan, 929 N.W.2d 290 (Mich. 2019).
“*305 Given these facts, it is more likely than not that Respondent's conduct constituted tampering with evidence, in violation of MCL 750.483a(5)(a). Counts XIII, XIV, and XVII Misrepresentations, False Statements, and Perjury The Master described Respondent's willingness to…”
People of Michigan v. Ieisha Tarrant (Mich. Ct. App. 2020).
· cites it 6× “483a(10) provides that when a person is convicted of tampering with evidence, “[t]he 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 crime including any other violation of…”
People of Michigan v. Timothy Larrance Leach (Mich. Ct. App. 2020).
· cites it 5× “MCL 750.483a(11)(a) broadly defines an “official proceeding” as “a proceeding heard before a legislative, judicial, administrative, or other governmental agency or official authorized to hear evidence under oath, including a referee, prosecuting attorney, hearing examiner,…”
People of Michigan v. James Gregory Stanich II (Mich. Ct. App. 2024).
· cites it 5× “The prosecution alleged that defendant tried to conceal the cans by throwing them out of his truck’s window after the accident before the police arrived at the scene. Sergeant Bueche testified that he found the collection of cans outside of the vehicle odd considering that the…”
People of Michigan v. Sara Ruth Ylen (Mich. Ct. App. 2015).
· cites it 6× “…crime including any other violation of law arising out of the same transaction as the violation of this section.” MCL 750.483a(10). -10-”
People of Michigan v. Jill Ann Tucker (Mich. Ct. App. 2019).
· cites it 3× “Additionally, even if I were to agree with the majority with regard to the admission of testimony relating to the photographs, I discern no basis for reversing defendant’s interfering with a crime report conviction, MCL 750.483a(1)(c), based on the best evidence rule.”
People v. Holley, 731 N.W.2d 426 (Mich. 2007).
“At oral argument, the parties shall address whether MCL 750.483a(1)(b) requires proof beyond a reasonable doubt that a person committed or attempted to commit a crime.”
— Mich. Comp. Laws § 750.483a(1)(a) — 1 case
People v. Holley, 747 N.W.2d 856 (Mich. 2008).
“Because we conclude that neither the placement of subsection 1(b) in the statutory scheme of MCL 750.483a nor the grammatical construction of subsection 1(b) requires such proof, we reverse the judgment of the Court of Appeals that held to the contrary and reinstate defendant's…”
— Mich. Comp. Laws § 750.483a(1)(b) — 6 cases
People v. Holley, 747 N.W.2d 856 (Mich. 2008).
“Because we conclude that neither the placement of subsection 1(b) in the statutory scheme of MCL 750.483a nor the grammatical construction of subsection 1(b) requires such proof, we reverse the judgment of the Court of Appeals that held to the contrary and reinstate defendant's…”
People v. Holley, 731 N.W.2d 426 (Mich. 2007).
“At oral argument, the parties shall address whether MCL 750.483a(1)(b) requires proof beyond a reasonable doubt that a person committed or attempted to commit a crime.”
— Mich. Comp. Laws § 750.483a(1)(c) — 2 cases
People v. Holley, 747 N.W.2d 856 (Mich. 2008).
“Because we conclude that neither the placement of subsection 1(b) in the statutory scheme of MCL 750.483a nor the grammatical construction of subsection 1(b) requires such proof, we reverse the judgment of the Court of Appeals that held to the contrary and reinstate defendant's…”
People of Michigan v. Jill Ann Tucker (Mich. Ct. App. 2019).
“Additionally, even if I were to agree with the majority with regard to the admission of testimony relating to the photographs, I discern no basis for reversing defendant’s interfering with a crime report conviction, MCL 750.483a(1)(c), based on the best evidence rule.”
— Mich. Comp. Laws § 750.483a(1)(c)(ii) — 1 case
People of Michigan v. Jill Ann Tucker (Mich. Ct. App. 2019).
“Additionally, even if I were to agree with the majority with regard to the admission of testimony relating to the photographs, I discern no basis for reversing defendant’s interfering with a crime report conviction, MCL 750.483a(1)(c), based on the best evidence rule.”
— Mich. Comp. Laws § 750.483a(10) — 3 cases
People of Michigan v. Ieisha Tarrant (Mich. Ct. App. 2020).
“483a(10) provides that when a person is convicted of tampering with evidence, “[t]he 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 crime including any other violation of…”
People of Michigan v. Sara Ruth Ylen (Mich. Ct. App. 2015).
“…crime including any other violation of law arising out of the same transaction as the violation of this section.” MCL 750.483a(10). -10-”
— Mich. Comp. Laws § 750.483a(11)(a) — 4 cases
People of Michigan v. Timothy Larrance Leach (Mich. Ct. App. 2020).
“MCL 750.483a(11)(a) broadly defines an “official proceeding” as “a proceeding heard before a legislative, judicial, administrative, or other governmental agency or official authorized to hear evidence under oath, including a referee, prosecuting attorney, hearing examiner,…”
People of Michigan v. James Gregory Stanich II (Mich. Ct. App. 2024).
“The prosecution alleged that defendant tried to conceal the cans by throwing them out of his truck’s window after the accident before the police arrived at the scene. Sergeant Bueche testified that he found the collection of cans outside of the vehicle odd considering that the…”
People of Michigan v. Sara Ruth Ylen (Mich. Ct. App. 2015).
“…crime including any other violation of law arising out of the same transaction as the violation of this section.” MCL 750.483a(10). -10-”
— Mich. Comp. Laws § 750.483a(2)(a) — 3 cases
— Mich. Comp. Laws § 750.483a(2)(b) — 5 cases
— Mich. Comp. Laws § 750.483a(3) — 1 case
People v. Holley, 747 N.W.2d 856 (Mich. 2008).
“Because we conclude that neither the placement of subsection 1(b) in the statutory scheme of MCL 750.483a nor the grammatical construction of subsection 1(b) requires such proof, we reverse the judgment of the Court of Appeals that held to the contrary and reinstate defendant's…”
— Mich. Comp. Laws § 750.483a(3)(b) — 3 cases
— Mich. Comp. Laws § 750.483a(5) — 9 cases
Denhof v. Challa, 876 N.W.2d 266 (Mich. Ct. App. 2015).
“Finally, in Count IV of his complaint, Denhof alleged that Challa engaged in obstruction of justice under MCL 750.483a(5) by withholding and destroying the June 2002 FOC document, which purportedly constituted exculpatory evidence relative to the CSC case.”
People v. Kissner, 808 N.W.2d 522 (Mich. Ct. App. 2011).
“483a(6)(a), *535 which lists possible punishments for a violation of MCL 750.483a(5). MCL 750.483a(5) states: A person shall not do any of the following: (a) Knowingly and intentionally remove, alter, conceal, destroy, or otherwise tamper with evidence to be offered in a present…”
People v. Holley, 747 N.W.2d 856 (Mich. 2008).
“Because we conclude that neither the placement of subsection 1(b) in the statutory scheme of MCL 750.483a nor the grammatical construction of subsection 1(b) requires such proof, we reverse the judgment of the Court of Appeals that held to the contrary and reinstate defendant's…”
People of Michigan v. Timothy Larrance Leach (Mich. Ct. App. 2020).
“MCL 750.483a(11)(a) broadly defines an “official proceeding” as “a proceeding heard before a legislative, judicial, administrative, or other governmental agency or official authorized to hear evidence under oath, including a referee, prosecuting attorney, hearing examiner,…”
People of Michigan v. Ieisha Tarrant (Mich. Ct. App. 2020).
“483a(10) provides that when a person is convicted of tampering with evidence, “[t]he 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 crime including any other violation of…”
— Mich. Comp. Laws § 750.483a(5)(a) — 18 cases
In re Brennan, 929 N.W.2d 290 (Mich. 2019).
“*305 Given these facts, it is more likely than not that Respondent's conduct constituted tampering with evidence, in violation of MCL 750.483a(5)(a). Counts XIII, XIV, and XVII Misrepresentations, False Statements, and Perjury The Master described Respondent's willingness to…”
People of Michigan v. Sara Ruth Ylen (Mich. Ct. App. 2015).
“…crime including any other violation of law arising out of the same transaction as the violation of this section.” MCL 750.483a(10). -10-”
— Mich. Comp. Laws § 750.483a(6) — 2 cases
— Mich. Comp. Laws § 750.483a(6)(a) — 7 cases
People v. Kissner, 808 N.W.2d 522 (Mich. Ct. App. 2011).
“483a(6)(a), *535 which lists possible punishments for a violation of MCL 750.483a(5). MCL 750.483a(5) states: A person shall not do any of the following: (a) Knowingly and intentionally remove, alter, conceal, destroy, or otherwise tamper with evidence to be offered in a present…”
People of Michigan v. Timothy Larrance Leach (Mich. Ct. App. 2020).
“MCL 750.483a(11)(a) broadly defines an “official proceeding” as “a proceeding heard before a legislative, judicial, administrative, or other governmental agency or official authorized to hear evidence under oath, including a referee, prosecuting attorney, hearing examiner,…”
— Mich. Comp. Laws § 750.483a(6)(b) — 27 cases
People of Michigan v. Ieisha Tarrant (Mich. Ct. App. 2020).
“483a(10) provides that when a person is convicted of tampering with evidence, “[t]he 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 crime including any other violation of…”
People of Michigan v. James Gregory Stanich II (Mich. Ct. App. 2024).
“The prosecution alleged that defendant tried to conceal the cans by throwing them out of his truck’s window after the accident before the police arrived at the scene. Sergeant Bueche testified that he found the collection of cans outside of the vehicle odd considering that the…”
— Mich. Comp. Laws § 750.483a(l)(b) — 1 case
People v. Holley, 747 N.W.2d 856 (Mich. 2008).
“Because we conclude that neither the placement of subsection 1(b) in the statutory scheme of MCL 750.483a nor the grammatical construction of subsection 1(b) requires such proof, we reverse the judgment of the Court of Appeals that held to the contrary and reinstate defendant's…”
— Mich. Comp. Laws § 750.483a(ll)(a) — 1 case
People v. Kissner, 808 N.W.2d 522 (Mich. Ct. App. 2011).
“483a(6)(a), *535 which lists possible punishments for a violation of MCL 750.483a(5). MCL 750.483a(5) states: A person shall not do any of the following: (a) Knowingly and intentionally remove, alter, conceal, destroy, or otherwise tamper with evidence to be offered in a present…”
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