embezzled, or converted property or motor vehicle; violation; penalty; rebuttable
presumption; enhanced sentence based on prior convictions; prohibited defense.
Sec. 535.
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(1) A person shall not buy, receive, possess, conceal, or aid in the concealment of stolen,
embezzled, or converted money, goods, or property knowing, or having reason to know or
reason to believe, that the money, goods, or property is stolen, embezzled, or converted.
(2) If any of the following apply, a person who violates subsection (1) 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 purchased, received, possessed, or concealed, whichever is
greater, or both imprisonment and a fine:
(a) The property purchased, received, possessed, or concealed has a value of $20,000.00 or
more.
(b) The property purchased, received, possessed, or concealed has a value of $1,000.00 or
more but less than $20,000.00, and the person 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 (4)(b) or (5).
(3) If any of the following apply, a person who violates subsection (1) 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 purchased, received, possessed, or concealed, whichever is
greater, or both imprisonment and a fine:
(a) The property purchased, received, possessed, or concealed has a value of $1,000.00 or
more but less than $20,000.00.
(b) The property purchased, received, possessed, or concealed has a value of $200.00 or
more but less than $1,000.00, and the person 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, a person who violates subsection (1) 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 purchased, received, possessed, or concealed,
whichever is greater, or both imprisonment and a fine:
(a) The property purchased, received, possessed, or concealed has a value of $200.00 or
more but less than $1,000.00.
(b) The property purchased, received, possessed, or concealed has a value of less than
$200.00, and the person 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 purchased, received, possessed, or concealed has a value of less than
$200.00, a person who violates subsection (1) 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 purchased, received, possessed, or concealed, whichever is greater, or
both imprisonment and a fine.
(6) The values of property purchased, received, possessed, or concealed 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 purchased, received, possessed, or
concealed.
(7) A person shall not buy, receive, possess, conceal, or aid in the concealment of a stolen
motor vehicle knowing, or having reason to know or reason to believe, that the motor vehicle
is stolen, embezzled, or converted. Except as provided in subsection (8), a person who violates
this subsection is guilty of a felony punishable by imprisonment for not more than 5 years or a
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fine of not more than $10,000.00 or 3 times the value of the motor vehicle purchased,
received, possessed, or concealed, whichever is greater, or both imprisonment and a fine. A
person who is charged with, convicted of, or punished for a violation of this subsection shall
not be convicted of or punished for a violation of another provision of this section arising from
the purchase, receipt, possession, concealment, or aiding in the concealment of the same motor
vehicle. This subsection does not prohibit the person from being charged, convicted, or
punished under any other applicable law.
(8) A person who violates subsection (7) and has 1 or more prior convictions for committing
or attempting to commit an offense under this section, other than a violation of subsection (4)
(b) or (5), 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 vehicle purchased, received,
possessed, or concealed, whichever is greater, or both imprisonment and a fine.
(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) A person who is a dealer in or collector of merchandise or personal property, or the
agent, employee, or representative of a dealer or collector of merchandise or personal property
who fails to reasonably inquire whether the person selling or delivering the stolen, embezzled,
or converted property to the dealer or collector has a legal right to do so or who buys or
receives stolen, embezzled, or converted property that has a registration, serial, or other
identifying number altered or obliterated on an external surface of the property, is presumed to
have bought or received the property knowing the property is stolen, embezzled, or converted.
This presumption is rebuttable.
(11) 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.
(12) It is not a defense to a charge under this section that the property was not stolen,
embezzled, or converted property at the time of the violation if the property was explicitly
represented to the accused person as being stolen, embezzled, or converted property.§ 750.535Buying, receiving, possessing, concealing, or aiding in concealment of stolen,
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