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

Mich. Comp. Laws § 750.504 (2026)

Punishment of misdemeanors when not fixed by statute.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.504 Punishment of misdemeanors when not fixed by statute.

Sec. 504.

    If a person is convicted of a crime designated in this act or in any other act of this state to be a misdemeanor for which no punishment is specially prescribed, the person is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.504 ;-- Am. 2002, Act 723, Eff. Mar. 31, 2003

FormerLaw Notes:

    See section 27 of Ch. 156 of R.S. 1846, being CL 1857, § 5846; CL 1871, § 7679; How., § 9261; CL 1897, § 11331; CL 1915, § 14998; and CL 1929, § 16589.

Notes of Decisions
Cited in 25 cases (3 in the last 5 years), 1967–2026 · leading case: People v. Smith, 378 N.W.2d 384 (Mich. 1985).
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People v. Smith, 378 N.W.2d 384 (Mich. 1985). · cites it 4× “MCL 750.504; MSA 28.772. A person convicted of a felony for which the penalty is not specifically designated is punishable by a maximum of four years in state prison or a $2,000 fine, or both.”
People v. Lorentzen, 194 N.W.2d 827 (Mich. 1972). · cites it 4× “MCLA 750.504; MSA 28.772. [5] MCLA 289.710; MSA 12.”
People v. Antkoviak, 619 N.W.2d 18 (Mich. Ct. App. 2000). · cites it 4× “Pursuant to MCL 750.504; MSA 28.772, a general penal statute for misdemeanors, a minor convicted of this misdemeanor offense could be punished by incarceration in jail for up to ninety days, a fine of not more than $100, or both.”
People v. McMillan, 242 N.W.2d 518 (Mich. Ct. App. 1976). · cites it 4× “588, MCLA 750.504; MSA 28.772. All three of these offenses are referred to as "shoplifting".”
People v. Mallory, 147 N.W.2d 66 (Mich. 1967). · cites it 4× “CL 1948, § 750.504 (Stat Ann 1954 Rev § 28.772), provides: "A person convicted of a crime declared in this or any other act of the state of Michigan to be a misdemeanor, for which no other punishment is specially prescribed by any statute in force at the time of the conviction…”
People v. Spann, 655 N.W.2d 251 (Mich. Ct. App. 2002). “MCL 750.504. If no fixed term is set by statute, the applicable punishment may be “imprisonment in the county jail for not more than ninety [90] days.”
People v. Reuther, 309 N.W.2d 256 (Mich. Ct. App. 1981). · cites it 2× “Some offenses are merely categorized by the Penal Code as being a felony or a misdemeanor.”
People v. Rappuhn, 260 N.W.2d 90 (Mich. Ct. App. 1977). · cites it 2× “, concurred. BRONSON, P.J. (dissenting). The majority reverses because of what it views as an inadequate asportation instruction.”
People v. Slager, 307 N.W.2d 376 (Mich. Ct. App. 1981). · cites it 2× “609(1) respectively, are misdemeanors with maximum imprisonment of 90 days, MCL 750.504; MSA 28.772. As such, the trial court properly refused to instruct on either following the Supreme Court mandate of People v Chamblis, 395 Mich 408, 429 ; 236 NW2d 473 (1975), which stated:…”
People v. Cage, 269 N.W.2d 213 (Mich. Ct. App. 1978). · cites it 2× “646) and some punishable by a maximum of 90 days in the county jail, MCLA 750.504; MSA 28.772. We think that *538 it would both be more logical and more in spirit with the holding of Montgomery supra, if the rule of Renno was limited to those crimes carrying a maximum of 90 days…”
People v. Bashans, 265 N.W.2d 170 (Mich. Ct. App. 1978). “310, see MCLA 750.504; MSA 28.772, no instruction on that offense would be permitted at a second trial under the prospective rule of People v Chamblis, 395 Mich 408, 429 ; 236 NW2d 473 (1975), and therefore reversal on this point would not be warranted.”
People v. Bisogni, 347 N.W.2d 739 (Mich. Ct. App. 1984). “588, and is punishable by imprisonment of not more than 90 days, MCL 750.504; MSA 28.772. Consequently, for the crime of conspiracy to commit larceny under $100, the maximum period of incarceration is one year under MCL 750.”
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