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convictions; penalty; prosecution of person under 18 years of age; presumption; report;
 investigation by department of health and human services; "prior conviction" defined.
 Sec. 451.
    (1) Except as otherwise provided in this section, a person convicted of violating section 448,
 449, 449a(1), 450, or 462 is guilty of a misdemeanor punishable by imprisonment for not more
 than 93 days or a fine of not more than $500.00, or both.
    (2) A person 16 years of age or older who is convicted of violating section 448, 449,
 449a(1), 450, or 462 and who has 1 prior conviction is guilty of a misdemeanor punishable by
 imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
    (3) A person convicted of violating section 448, 449, 449a(1), 450, or 462 and who has 2 or
 more prior convictions is guilty of a felony punishable by imprisonment for not more than 2
 years or a fine of not more than $2,000.00, or both.
    (4) A person convicted of violating section 449a(2) 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 both.
    (5) 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.
    (6) In any prosecution of a person under 18 years of age for an offense punishable under this
 section or a local ordinance substantially corresponding to an offense punishable under this
 section, it shall be presumed that the person under 18 years of age was coerced into child
 sexually abusive activity or commercial sexual activity in violation of section 462e or
 otherwise forced or coerced into committing that offense by another person engaged in human
 trafficking in violation of sections 462a to 462h. The prosecution may overcome this
 presumption by proving beyond a reasonable doubt that the person was not forced or coerced
 into committing the offense. The state may petition the court to find the person under 18 years
 of age to be dependent and in danger of substantial physical or psychological harm under
 section 2(b)(3) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2. A


                                                                   Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026             Page 366 of 465                              Courtesy of legislature.mi.gov

 person under 18 years of age who fails to substantially comply with court-ordered services
 under section 2(b)(3) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL
 712A.2, is not eligible for the presumption under this section.
    (7) Excluding any reasonable period of detention for investigation purposes, a law
 enforcement officer who encounters a person under 18 years of age engaging in any conduct
 that would be a violation of section 448, 449, 450, or 462, or a local ordinance substantially
 corresponding to section 448, 449, 450, or 462, if engaged in by a person 16 years of age or
 over shall immediately report to the department of health and human services a suspected
 violation of human trafficking involving a person under 18 years of age in violation of
 sections 462a to 462h.
    (8) The department of health and human services shall begin an investigation of a human
 trafficking violation reported to the department of health and human services under subsection
 (7) within 24 hours after the report is made to the department of health and human services, as
 provided in section 8 of the child protection law, 1975 PA 238, MCL 722.628. The
 investigation shall include a determination as to whether the person under 18 years of age is
 dependent and in danger of substantial physical or psychological harm under section 2(b)(3) of
 chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2.
    (9) As used in this section, "prior conviction" means a violation of section 448, 449,
 449a(1), 450, or 462 or a violation of a law of another state or of a political subdivision of this
 state or another state substantially corresponding to section 448, 449, 449a(1), 450, or 462.