Michigan Laws 780.831 – Profit from sale of recollections of thoughts and feelings of person convicted; misdemeanor; forfeiture; escrow account; distribution of proceeds
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Terms Used In Michigan Laws 780.831
- Conviction: A judgement of guilt against a criminal defendant.
- crime: means that term as defined in section 2. See Michigan Laws 780.811
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means a person charged with or convicted of having committed a serious misdemeanor against a victim. See Michigan Laws 780.811
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Person: means an individual, organization, partnership, corporation, or governmental entity. See Michigan Laws 780.811
- Prisoner: means a person who has been convicted and sentenced to imprisonment for having committed a serious misdemeanor against a victim. See Michigan Laws 780.811
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Serious misdemeanor: means 1 or more of the following:
(i) A violation of section 81 of the Michigan penal code, 1931 PA 328, MCL 750. See Michigan Laws 780.811state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o Victim: means any of the following:
(i) An individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a serious misdemeanor, except as provided in subparagraph (ii), (iii), (iv), or (v). See Michigan Laws 780.811
(1) A person convicted of a serious misdemeanor shall not derive any profit from the sale of any of the following until the victim receives any restitution or compensation ordered for him or her against the defendant, expenses of incarceration are paid under subsection (3), and any balance in the escrow account created under subsection (2) is paid under subsection (4):
(a) The person’s recollections of or thoughts or feelings about the offense committed by the person.
(b) Memorabilia related to the offense committed by the person.
(c) The person’s property if its value has been enhanced or increased by the person’s notoriety.
(2) Upon the conviction of a defendant for a serious misdemeanor involving a victim, and after notice to all interested parties, an attorney for the county in which the conviction occurred or the attorney general may petition the court in which the conviction occurred to order that the defendant forfeit all or any part of proceeds received or to be received by the defendant or the defendant’s representatives or assignees from any of the following:
(a) Contracts relating to the depiction of the crime or the defendant’s recollections, thoughts, or feelings about the crime, in books, magazines, media entertainment, or live entertainment.
(b) The sale of memorabilia relating to the crime.
(c) The sale of property of the defendant, the value of which has been enhanced or increased by the defendant’s notoriety arising from the crime.
(3) Proceeds ordered forfeited under subsection (2) shall be held in an escrow account for a period of not more than 5 years.
(4) During the existence of an escrow account created under subsection (3), proceeds in the account shall be distributed in the following priority to satisfy the following:
(a) An order of restitution entered under section 76.
(b) Any civil judgment in favor of the victim against the defendant.
(c) Any reimbursement ordered under the prisoner reimbursement to the county act, 1984 PA 118, MCL 801.81 to 801.93, or ordered under the state correctional facility reimbursement act, 1935 PA 253, MCL 800.401 to 800.406.
(d) Fines, costs, and other assessments ordered against the defendant.
(5) A balance remaining in an escrow account created under subsection (3) at the end of the escrow period shall be paid to the crime victim’s rights fund created in section 4 of 1989 PA 196, MCL 780.904.