§ 750.356dRetail fraud in second or third degree

Sec. 356d.
    (1) A person who does any of the following in a store or in its immediate vicinity is guilty of
 retail fraud in the second degree, 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 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 $200.00 or more but less than $1,000.00.
    (b) While a store is open to the public, steals property of the store that is offered for sale at a
 price of $200.00 or more but less than $1,000.00.


                                                                    Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026             Page 291 of 465                               Courtesy of legislature.mi.gov

    (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 $200.00 or more
 but less than $1,000.00.
    (2) A person who violates subsection (4) and who has 1 or more prior convictions for
 committing or attempting to commit an offense under this section, section 218, 356, 356c, or
 360, or a local ordinance substantially corresponding to this section or section 218, 356, 356c,
 or 360 is guilty of retail fraud in the second degree.
    (3) A person who commits retail fraud in the second degree shall not be prosecuted under
 section 360.
    (4) A person who does any of the following in a store or in its immediate vicinity is guilty of
 retail fraud in the third degree, 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 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 less than $200.00.
    (b) While a store is open to the public, steals property of the store that is offered for sale at a
 price of less than $200.00.
    (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 less than
 $200.00.
    (5) A person who commits retail fraud in the third degree shall not be prosecuted under
 section 360.
    (6) 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.
    (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.