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prior convictions; "scrap metal" defined.
 Sec. 356.
    (1) A person who commits larceny by stealing any of the following property of another
 person is guilty of a crime as provided in this section:
    (a) Money, goods, or chattels.
    (b) A bank note, bank bill, bond, promissory note, due bill, bill of exchange or other bill,
 draft, order, or certificate.
    (c) A book of accounts for or concerning money or goods due, to become due, or to be
 delivered.
    (d) A deed or writing containing a conveyance of land or other valuable contract in force.
    (e) A receipt, release, or defeasance.
    (f) A writ, process, or public record.
    (g) Scrap metal.
    (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 stolen, whichever is greater, or both imprisonment and a fine:
    (a) The property stolen 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,



                                                                  Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026            Page 287 of 465                              Courtesy of legislature.mi.gov

 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
 value of the property stolen, whichever is greater, or both imprisonment and a fine:
    (a) The property stolen 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 stolen, whichever is greater, or both imprisonment and a fine:
    (a) The property stolen 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 stolen 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 stolen, whichever is greater, or both
 imprisonment and a fine.
    (6) If the property stolen is scrap metal, then, as used in this section, "the value of the
 property stolen" means the greatest of the following:
    (a) The replacement cost of the stolen scrap metal.
    (b) The cost of repairing the damage caused by the larceny of the scrap metal.
    (c) The sum of subdivisions (a) and (b).
    (7) The values of property stolen 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 stolen.
    (8) 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.
    (9) 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.
    (10) As used in this section, "scrap metal" means that term as defined in section 3 of the
 scrap metal regulatory act, 2008 PA 429, MCL 445.423.