TrustVoting Atlas

enhanced sentence; definitions.
 Sec. 145h.
    (1) A person shall not intentionally or knowingly harass, abuse, threaten, force, coerce,
 compel, or exploit the vulnerability of a vulnerable adult in a manner that causes the
 vulnerable adult to provide that person, or any other person, sexually explicit visual material.
    (2) Except as provided in subsection (3), a person who violates subsection (1) is guilty of a
 misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than
 $500.00, or both.
    (3) A person who violates subsection (1) who has 1 or more prior convictions for a violation
 of subsection (1) is guilty of a felony punishable by imprisonment for not more than 2 years or
 a fine of not more than $1,000.00, or both.
    (4) If 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 must 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:
    (a) A copy of the judgment of conviction.
    (b) A transcript of a prior trial, plea-taking, or sentencing.
    (c) Information contained in a presentence report.
    (d) The defendant's statement.
    (5) As used in this section:


                                                                Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026            Page 102 of 465                            Courtesy of legislature.mi.gov

     (a) "Sexually explicit visual material" means that term as defined in section 145e.
     (b) "Vulnerable adult" means that term as defined in section 145m.