§ 750.178Embezzlement of chattel mortgage, lease, or contract property by others;

violation; penalty; enhanced sentence based on prior convictions.
 Sec. 178.
    (1) A 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.
    (2) If 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:
    (a) The property embezzled, removed, concealed, or disposed of has a value of $20,000.00
 or more.
    (b) The 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).
    (3) If 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


                                                                   Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026             Page 154 of 465                              Courtesy of legislature.mi.gov

 value of the property embezzled, removed, concealed, or disposed of, whichever is greater, or
 both imprisonment and a fine:
    (a) The property embezzled, removed, concealed, or disposed of has a value of $1,000.00 or
 more but less than $20,000.00.
    (b) The 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).
    (4) If 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:
    (a) The property embezzled, removed, concealed, or disposed of has a value of $200.00 or
 more but less than $1,000.00.
    (b) The 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.
    (5) If 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.
    (6) Except 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.
    (7) 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 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:
    (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.
    (8) If 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.