based on prior convictions; “false pretense” defined.
Sec. 218.
(1) A person who, with the intent to defraud or cheat makes or uses a false pretense to do 1
or more of the following is guilty of a crime punishable as provided in this section:
(a) Cause a person to grant, convey, assign, demise, lease, or mortgage land or an interest in
land.
(b) Obtain a person's signature on a forged written instrument.
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(c) Obtain from a person any money or personal property or the use of any instrument,
facility, article, or other valuable thing or service.
(d) By means of a false weight or measure obtain a larger amount or quantity of property
than was bargained for.
(e) By means of a false weight or measure sell or dispose of a smaller amount or quantity of
property than was bargained for.
(2) If the land, interest in land, money, personal property, use of the instrument, facility,
article, or valuable thing, service, larger amount obtained, or smaller amount sold 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, whichever is greater, or both imprisonment and a fine.
(3) 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, whichever is greater, or both imprisonment and a fine:
(a) The land, interest in land, money, personal property, use of the instrument, facility,
article, or valuable thing, service, larger amount obtained, or smaller amount sold or disposed
of has a value of $200.00 or more but less than $1,000.00.
(b) The person violates subsection (2) 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.
(4) 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
value, whichever is greater, or both imprisonment and a fine:
(a) The land, interest in land, money, personal property, use of the instrument, facility,
article, or valuable thing, service, larger amount obtained, or smaller amount sold or disposed
of has a value of $1,000.00 or more but less than $20,000.00.
(b) The person violates subsection (3)(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 (2) or (3)(b).
(5) If any of the following apply, the person is guilty of a felony punishable by
imprisonment for not more than 15 years or a fine of not more than $15,000.00 or 3 times the
value, whichever is greater, or both imprisonment and a fine:
(a) The land, interest in land, money, personal property, use of the instrument, facility,
article, or valuable thing, service, larger amount obtained, or smaller amount sold or disposed
of has a value of $20,000.00 or more but less than $50,000.00.
(b) The person violates subsection (4)(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 (2) or (3)(b).
(6) If any of the following apply, the person is guilty of a felony punishable by
imprisonment for not more than 15 years or a fine of not more than $25,000.00 or 3 times the
value, whichever is greater, or both imprisonment and a fine:
(a) The land, interest in land, money, personal property, use of the instrument, facility,
article, or valuable thing, service, larger amount obtained, or smaller amount sold or disposed
of has a value of $50,000.00 or more but less than $100,000.00.
(b) The person violates subsection (5)(a) and has 2 or more prior convictions for committing
or attempting to commit an offense under this section. For purposes of this subdivision,
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however, a prior conviction does not include a conviction for a violation or attempted violation
of subsection (2) or (3)(b).
(7) If any of the following apply, the person is guilty of a felony punishable by
imprisonment for not more than 20 years or a fine of not more than $35,000.00 or 3 times the
value, whichever is greater, or both imprisonment and a fine:
(a) The land, interest in land, money, personal property, use of the instrument, facility,
article, or valuable thing, service, larger amount obtained, or smaller amount sold or disposed
of has a value of $100,000.00 or more.
(b) The person violates subsection (6)(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 (2) or (3)(b).
(8) The values of land, interest in land, money, personal property, use of the instrument,
facility, article, or valuable thing, service, larger amount obtained, or smaller amount sold 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 involved in the violation of this
section.
(9) 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.
(10) 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 under 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.
(11) As used in this section, "false pretense" includes, but is not limited to, a false or
fraudulent representation, writing, communication, statement, or message, communicated by
any means to another person, that the maker of the representation, writing, communication,
statement, or message knows is false or fraudulent. The false pretense may be a representation
regarding a past or existing fact or circumstance or a representation regarding the intention to
perform a future event or to have a future event performed.§ 750.218False pretenses with intent to defraud; violation; penalty; enhanced sentence
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Primary source. The text above is the canonical statute body as it appears in this revision of the atlas. Verify against the official gazette before quoting in litigation or formal advice. Spot an error? Suggest a correction.