750.356C - RETAIL FRAUD - FIRST DEGREE

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RETAIL FRAUD - FIRST DEGREE

 

 

did    (1)   ; contrary to MCL 750.356c.  [750.356C]

 

(1)Select one:
(a)while     (1)     was open to the public,     (2)     $1,000.00 or more.

 

(1)Name store.

 

(2)Select one:
(a)alter, transfer, remove and replace, conceal, or otherwise misrepresent the price at which the property was offered for sale, with the intent not to pay for the property or to pay less than the price at which the property was offered for sale, the resulting difference in price being.
(b)steal property of the store that was offered for sale at a price of.

 

(b)with the intent to defraud, obtain, or attempt to obtain money or property from     (1)     as a refund or exchange for property that was not paid for and belongs to the store, the amount of money or value of the property obtained or attempted to be obtained being $1,000.00 or more.

 

(1)Name store.

 

(c)     (1)     ;

 

RETAIL FRAUD - SECOND OR SUBSEQUENT OFFENSE NOTICE

 

     And it further appearing that on     (2)     , said defendant was previously convicted of violating     (3)     in     (4)     ;*

    Therefore, this violation of MCL 750.356d(1) constitutes retail fraud in the first degree.

 

(1)Insert text of 750.356D (choose (1)(a) or (1)(b), but not (1)(c)).
(2)Date of prior conviction.
(3)Insert title and MCL of qualifying prior conviction under MCL 750.356c, 750.218, 750.356, 750.356d(1), or 750.360, e.g., first-degree retail fraud, MCL 750.356c, do not include:  false pretenses less than $200.00, MCL 750.218(2); false pretenses less than $200.00 second or subsequent offense, 750.218(3)(b); larceny less than $200.00 second or subsequent offense, MCL 750.356(4)(b); or larceny less than $200.00, MCL 750.356(5).
(4)Name and place of court.

 

*Repeat text if you want to list more prior convictions.

 

NOTE:A person who commits this crime may not be charged with MCL 750.218(5) or 750.356(2).  The same prior convictions used to enhance the degree of the retail fraud may not be used for habitual offender purposes.

 

FELONY:5 Years and/or $10,000.00, or 3 times the value/difference in price of property stolen, obtained, or attempted to be obtained, whichever is greater.  To impose a fine of 3 times the value, the defendant must admit the amount, or it must be determined by the trier of fact at trial.  See Southern Union Co. v United States 567 U.S.   ; No. 11-94 (2012).
GROUP:Property
CLASS:E

 

RESPONSIBILITIES:Printable

Adult DNA

Victim Rights

Victim Rights Assessment Fee

School Reportable

 

SPECIAL CODE:TG

 

CHANGE DATE:01/01/2013