THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
762.2 In-state prosecution for criminal offense; circumstances.
Sec. 2.
(1) A person may be prosecuted for a criminal offense he or she commits while he or she is physically located within this state or outside of this state if any of the following circumstances exist:
(a) He or she commits a criminal offense wholly or partly within this state.
(b) His or her conduct constitutes an attempt to commit a criminal offense within this state.
(c) His or her conduct constitutes a conspiracy to commit a criminal offense within this state and an act in furtherance of the conspiracy is committed within this state by the offender, or at his or her instigation, or by another member of the conspiracy.
(d) A victim of the offense or an employee or agent of a governmental unit posing as a victim resides in this state or is located in this state at the time the criminal offense is committed.
(e) The criminal offense produces substantial and detrimental effects within this state.
(2) A criminal offense is considered under subsection (1) to be committed partly within this state if any of the following apply:
(a) An act constituting an element of the criminal offense is committed within this state.
(b) The result or consequences of an act constituting an element of the criminal offense occur within this state.
(c) The criminal offense produces consequences that have a materially harmful impact upon the system of government or the community welfare of this state, or results in persons within this state being defrauded or otherwise harmed.
History: Add. 2002, Act 129, Eff. Apr. 22, 2002
Compiler's Notes:
Former MCL 762.2, which pertained to jurisdiction of justice of peace, was repealed by Act 506 of 1980, Imd. Eff. Jan. 22, 1981.
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 1970–2023 · leading case:
People v. Gayheart, 776 N.W.2d 330 (Mich. Ct. App. 2009).
People v. Gayheart, 776 N.W.2d 330 (Mich. Ct. App. 2009).
· cites it 32× “He contends that the trial court was without statutory jurisdiction to try him.”
People v. Aspy, 808 N.W.2d 569 (Mich. Ct. App. 2011).
· cites it 11× “2, which provides: (1) A person may be prosecuted for a criminal offense he or she commits while he or she is physically located within this state or outside of this state if any of the following circumstances exist: (a) He or she commits a criminal offense wholly or partly…”
People v. Webbs, 689 N.W.2d 163 (Mich. Ct. App. 2004).
“MCL 762.2(1) (“A person may be prosecuted for a criminal offense he or she commits while he or she is physically located within this state or without this state if.”
People v. King, 721 N.W.2d 271 (Mich. Ct. App. 2006).
“Because the murder and the UDAA undisputedly occurred in Benzie County, jurisdiction properly lay in Benzie County for the accessory after the fact charges, even though defen *243 dant’s actual assistance (with the requisite guilty knowledge) may not have begun until after they…”
People of Michigan v. Kelvin Willis, 931 N.W.2d 1 (Mich. 2019).
· cites it 2× “145c(2), we reject defendant’s contention that Michigan lacked territorial jurisdiction for his prosecution under MCL 762.2.[21] Aspy is distinguishable in two important ways.”
People v. Seeley, 180 N.W.2d 333 (Mich. Ct. App. 1970).
“921); and justices of the peace were empowered to perform all official acts and duties and to exercise jurisdiction in criminal matters arising in their county pursuant to CL 1948, § 762.2 (Stat Ann 1954 Rev § 28.845). The people further contend that an amendment to the code of…”
People v. Collins, 298 Mich. App. 166 (Mich. Ct. App. 2012).
· cites it 2× “In general, pursuant to MCL 762.2, “Michigan . . . has statutory territorial jurisdiction ‘over any crime where any act constituting an element of the crime is committed within Michigan.”
People v. Gayheart, 782 N.W.2d 207 (Mich. 2010).
· cites it 2× “Further, I emphasize that the record in this case clearly established that the state of Michigan had territorial jurisdiction to prosecute defendant pursuant to MCL 762.2. After a six-day trial, a jury convicted defendant of both first-degree premeditated murder, MCL 750.”
People of Michigan v. Dustin Lee MacLeod (Mich. Ct. App. 2016).
“’ ” Collins, 298 Mich App at 172 , quoting MCL 762.2. Because the conduct for which defendant was criminally charged occurred in Michigan, and not in “Indian Country” or under the terms of the Decree, the state court had jurisdiction to hear the case against defendant.”
People of Michigan v. Jason David Vancoillie (Mich. Ct. App. 2023).
“Likewise, MCL 762.2(1)(a) states that “[a] person may be prosecuted for a criminal offense he or she commits while he or she is physically located within this state or outside of this state” when “he or she commits a criminal offense wholly or partly within the state.”
— Mich. Comp. Laws § 762.2(1) — 2 cases
People v. Gayheart, 776 N.W.2d 330 (Mich. Ct. App. 2009).
“He contends that the trial court was without statutory jurisdiction to try him.”
People v. Webbs, 689 N.W.2d 163 (Mich. Ct. App. 2004).
“MCL 762.2(1) (“A person may be prosecuted for a criminal offense he or she commits while he or she is physically located within this state or without this state if.”
— Mich. Comp. Laws § 762.2(1)(a) — 2 cases
People v. Gayheart, 776 N.W.2d 330 (Mich. Ct. App. 2009).
“He contends that the trial court was without statutory jurisdiction to try him.”
People of Michigan v. Jason David Vancoillie (Mich. Ct. App. 2023).
“Likewise, MCL 762.2(1)(a) states that “[a] person may be prosecuted for a criminal offense he or she commits while he or she is physically located within this state or outside of this state” when “he or she commits a criminal offense wholly or partly within the state.”
— Mich. Comp. Laws § 762.2(1)(d) — 1 case
People v. Gayheart, 776 N.W.2d 330 (Mich. Ct. App. 2009).
“He contends that the trial court was without statutory jurisdiction to try him.”
— Mich. Comp. Laws § 762.2(2) — 1 case
People v. Aspy, 808 N.W.2d 569 (Mich. Ct. App. 2011).
“2, which provides: (1) A person may be prosecuted for a criminal offense he or she commits while he or she is physically located within this state or outside of this state if any of the following circumstances exist: (a) He or she commits a criminal offense wholly or partly…”
— Mich. Comp. Laws § 762.2(2)(a) — 2 cases
People v. Gayheart, 776 N.W.2d 330 (Mich. Ct. App. 2009).
“He contends that the trial court was without statutory jurisdiction to try him.”
People v. King, 721 N.W.2d 271 (Mich. Ct. App. 2006).
“Because the murder and the UDAA undisputedly occurred in Benzie County, jurisdiction properly lay in Benzie County for the accessory after the fact charges, even though defen *243 dant’s actual assistance (with the requisite guilty knowledge) may not have begun until after they…”
— Mich. Comp. Laws § 762.2(i) — 1 case
People v. Collins, 298 Mich. App. 166 (Mich. Ct. App. 2012).
“In general, pursuant to MCL 762.2, “Michigan . . . has statutory territorial jurisdiction ‘over any crime where any act constituting an element of the crime is committed within Michigan.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.