{"data":{"id":"us-mi/mich.-comp.-laws-750.178","jurisdiction":"us-mi","citation":"Mich. Comp. Laws § 750.178","heading":"Embezzlement of chattel mortgage, lease, or contract property by others; violation; penalty; enhanced sentence based on prior convictions.","body":"Sec. 178.\n\nA person shall not embezzle or fraudulently remove, conceal, or dispose of any personal property that has been mortgaged, leased, or purchased under a contract to purchase not yet fulfilled by another person knowing the personal property has been mortgaged, leased, or purchased and with the intent to injure or defraud the mortgagee, lessor, or vendor under the contract, or any assignee of the mortgagee, lessor, or vendor.\n\nIf any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the value of the property embezzled, removed, concealed, or disposed of, whichever is greater, or both imprisonment and a fine:\n\nThe property embezzled, removed, concealed, or disposed of has a value of $20,000.00 or more.\n\nThe person violates subsection (3)(a) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (4)(b) or (5).\n\nIf any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the property embezzled, removed, concealed, or disposed of, whichever is greater, or both imprisonment and a fine:\n\nThe property embezzled, removed, concealed, or disposed of has a value of $1,000.00 or more but less than $20,000.00.\n\nThe person violates subsection (4)(a) and has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (4)(b) or (5).\n\nIf any of the following apply, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the property embezzled, removed, concealed, or disposed of, whichever is greater, or both imprisonment and a fine:\n\nThe property embezzled, removed, concealed, or disposed of has a value of $200.00 or more but less than $1,000.00.\n\nThe person violates subsection (5) and has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section.\n\nIf the property embezzled, removed, concealed, or disposed of has a value of less than $200.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the value of the property embezzled, removed, concealed, or disposed of, whichever is greater, or both imprisonment and a fine.\n\nExcept as otherwise provided in this subsection, the values of property embezzled, removed, concealed, or disposed of in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value of property embezzled, removed, concealed, or disposed of. If the scheme or course of conduct is directed against only 1 mortgagee, lessor, or vendor, no time limit applies to aggregation under this subsection.\n\nIf the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant's prior conviction or convictions shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:\n\nA copy of the judgment of conviction.\nr convictions. The existence of the defendant's prior conviction or convictions shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:\n\nA copy of the judgment of conviction.\n\nA transcript of a prior trial, plea-taking, or sentencing.\n\nInformation contained in a presentence report.\n\nThe defendant's statement.\n\nIf the sentence for a conviction under this section is enhanced by 1 or more prior convictions, those prior convictions shall not be used to further enhance the sentence for the conviction pursuant to section 10, 11, or 12 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.","path":["MI Code","Chapter 750","Act Act-328-of-1931"],"source_url":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-750-178","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:31Z","sha256":"9f73f888cd10d0bd66870b393de5489972d9f1c83e7a027af9a3048b0c546a5c","source_id":"us-mi","stale":false,"prev":"us-mi/mich.-comp.-laws-750.177","next":"us-mi/mich.-comp.-laws-750.18"},"notice":"GroundRules: Original legal text. Not legal advice."}