Attorney's Note

Under the Michigan Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Gup to 2 years
For details, see Mich. Comp. Laws ch. 777 pt. 2
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Terms Used In Michigan Laws 750.136d

  • Conviction: A judgement of guilt against a criminal defendant.
  • felony: when used in this act, shall be construed to mean an offense for which the offender, on conviction may be punished by death, or by imprisonment in state prison. See Michigan Laws 750.7
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  (1) A person who violates section 136b in the presence of a child other than the child who is the victim of the violation is guilty of a felony punishable as follows:
  (a) If the person violates section 136b(2) in the presence of another child, by imprisonment for life or any term of years.
  (b) Except as provided in subdivision (c), if the person violates section 136b(4) in the presence of another child, by imprisonment for not more than 10 years.
  (c) If the person violates section 136b(4) in the presence of another child on a second or subsequent occasion, by imprisonment for not more than 20 years.
  (d) If the person violates section 136b(6) in the presence of another child, by imprisonment for not more than 2 years.
  (2) A charge and conviction under this section do not prohibit a person from being charged with, convicted of, or sentenced for any other violation of law arising out of the same transaction as the violation of this section.