§ 750.356cRetail fraud in first degree

Sec. 356c.
    (1) A person who does any of the following in a store or in its immediate vicinity is guilty of
 retail fraud in the first degree, 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 difference in price, property
 stolen, or money or property obtained or attempted to be obtained, whichever is greater, or
 both imprisonment and a fine:
    (a) While a store is open to the public, alters, transfers, removes and replaces, conceals, or
 otherwise misrepresents the price at which property is offered for sale, with the intent not to
 pay for the property or to pay less than the price at which the property is offered for sale, if the
 resulting difference in price is $1,000.00 or more.


                                                                    Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026             Page 290 of 465                               Courtesy of legislature.mi.gov

    (b) While a store is open to the public, steals property of the store that is offered for sale at a
 price of $1,000.00 or more.
    (c) With intent to defraud, obtains or attempts to obtain money or property from the store as
 a refund or exchange for property that was not paid for and belongs to the store, if the amount
 of money or the value of the property obtained or attempted to be obtained is $1,000.00 or
 more.
    (2) A person who violates section 356d(1) and who has 1 or more prior convictions for
 committing or attempting to commit an offense under this section or section 218, 356,
 356d(1), or 360 is guilty of retail fraud in the first degree. For purposes of this subsection,
 however, a prior conviction does not include a conviction for a violation or attempted violation
 of section 218(2) or (3)(b) or section 356(4)(b) or (5).
    (3) The values of the difference in price, property stolen, or money or property obtained or
 attempted to be obtained 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
 offense under this section.
    (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 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.
    (5) A person who commits retail fraud in the first degree shall not be prosecuted under
 section 218(5) or 356(2).
    (6) 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.