THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
777.16q MCL 750.332 to 750.350a; felonies to which chapter applicable.
Sec. 16q.
This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
|
M.C.L.
|
Category
|
Class
|
Description
|
Stat Max
|
|
750.332
|
Property
|
H
|
Entering
horse in race under false name
|
4
|
|
750.335a(2)(b)
|
Person
|
G
|
Aggravated
indecent exposure
|
2
|
|
750.335a(2)(c)
|
Person
|
A
|
Indecent
exposure by sexually delinquent person
|
Life
|
|
750.338
|
Pub
ord
|
G
|
Gross
indecency between males
|
5
|
|
|
Pub
ord
|
A
|
Gross
indecency between males involving sexually delinquent person
|
Life
|
|
750.338a
|
Pub
ord
|
G
|
Gross
indecency between females
|
5
|
|
|
Pub
ord
|
A
|
Gross
indecency between females involving sexually delinquent person
|
Life
|
|
750.338b
|
Pub
ord
|
G
|
Gross
indecency between males and females
|
5
|
|
|
Pub
ord
|
A
|
Gross
indecency between males and females involving sexually delinquent person
|
Life
|
|
750.349
|
Person
|
A
|
Kidnapping
|
Life
|
|
750.349a
|
Person
|
A
|
Prisoner
taking a hostage
|
Life
|
|
750.349b
|
Person
|
C
|
Unlawful
imprisonment
|
15
|
|
750.350
|
Person
|
A
|
Kidnapping
— child enticement
|
Life
|
|
750.350a
|
Person
|
H
|
Kidnapping
— custodial interference
|
1
|
History: Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2002, Act 261, Imd. Eff. May 1, 2002 ;-- Am. 2005, Act 302, Eff. Feb. 1, 2006 ;-- Am. 2006, Act 164, Eff. Aug. 24, 2006
Notes of Decisions
Cited in
29
cases (
4 in the last 5 years), 2006–2024 · leading case:
People v. Lockridge, 870 N.W.2d 502 (Mich. 2015).
People v. Lockridge, 870 N.W.2d 502 (Mich. 2015).
· cites it 4× “349, a Class A offense, MCL 777.16q, which carries a statutory maximum sentence of life in prison.”
People v. Smith, 793 N.W.2d 666 (Mich. 2010).
· cites it 4× “MCL 777.16q. 6 within a highway right of way without a permit in order to make a sign more visible.”
People v. Buehler, 727 N.W.2d 127 (Mich. 2007).
· cites it 4× “The Legislature has actually limited sentencing courts' discretion for individuals convicted of that crime by listing it in MCL 777.16q and thereby making it subject to the mandatory sentencing guidelines.”
People of Michigan v. Lonnie James Arnold, 918 N.W.2d 164 (Mich. 2018).
· cites it 2× “The sentencing guidelines list indecent exposure by a sexually delinquent person as a Class A felony, MCL 777.16q, and the proposed scoring of defendant's guidelines variables placed him in cell F-III of the Class A grid, which provides for a minimum sentence of 135 to 225…”
People v. Kosik, 841 N.W.2d 906 (Mich. Ct. App. 2013).
“38(2)(b) to direct the assessment of zero points for OV 8 when the sentencing offense is unlawful imprisonment—even though it amended MCL 777.16q to include unlawful imprisonment in the list of crimes to which the sentencing guidelines apply.”
People v. Buehler, 710 N.W.2d 55 (Mich. Ct. App. 2006).
“Because the offense of indecent exposure by a sexually delinquent person is subject to the statutory sentencing guidelines, see MCL 777.16q, a sentencing information report establishing a guidelines minimum range of 42 to 70 months’ imprisonment was prepared by the trial court.”
People v. Buehler, 723 N.W.2d 578 (Mich. Ct. App. 2006).
· cites it 2× “See MCL 777.16q; see also 1998 PA 317 . Thus, with respect to the sentence for indecent exposure as a sexually delinquent person, both MCL 750.”
People of Michigan v. Lonnie James Arnold (Mich. Ct. App. 2019).
· cites it 13× “MCL 777.16q. The Supreme Court has directed us to consider what effect, if any, the adoption of the guidelines “had on a trial court’s options in sentencing a defendant convicted of indecent exposure by a sexually delinquent person.”
People of Michigan v. Glen Patrick Anthony (Mich. Ct. App. 2016).
· cites it 2× “MCL 777.16q. Defendant received a total OV score of 60 points, which combined with his 100 prior record variable points, placed him in the F-IV cell of the applicable sentencing grid, for which the minimum sentence range is 171 to 570 months for a fourth-offense habitual…”
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