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

Mich. Comp. Laws § 750.543z (2026)

Constitutionally protected conduct; prosecution prohibited.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.543z Constitutionally protected conduct; prosecution prohibited.

Sec. 543z.

    Notwithstanding any provision in this chapter, a prosecuting agency shall not prosecute any person or seize any property for conduct presumptively protected by the first amendment to the constitution of the United States in a manner that violates any constitutional provision.

History: Add. 2002, Act 131, Eff. Apr. 22, 2002

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2007–2025 · leading case: People v. Osantowski, 736 N.W.2d 289 (Mich. Ct. App. 2007).
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People v. Osantowski, 736 N.W.2d 289 (Mich. Ct. App. 2007). · cites it 2× “Our determination that the threats referenced within the statute are restricted and encompass only “true threats” is further bolstered by the existence of MCL 750.543z, which provides: “Notwithstanding any provision in this chapter, a prosecuting agency shall not prosecute any…”
People of Michigan v. Lucas Daniel Gerhard, 976 N.W.2d 907 (Mich. Ct. App. 2021). · cites it 4× “(iii) An act that is intended to intimidate or coerce a civilian population or influence or affect the conduct of government or a unit of government through intimidation or coercion.”
People of Michigan v. Michael Joseph Kvasnicka (Mich. Ct. App. 2025). · cites it 3× “543m in light of: (1) MCL 750.543z, which provides that “a prosecuting agency shall not prosecute any person or seize any property for conduct presumptively protected by the first amendment to the constitution of the United States in a manner that violates any constitutional…”
People of Michigan v. Mark William Frutchey (Mich. Ct. App. 2025). “543m(1) was constitutional in its current construction—rather, the Court tasked this Court with reevaluating the constitutionality of the statute in light of MCL 750.543z (providing that “a prosecuting agency shall not prosecute any person or seize any property for conduct…”
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