HB-5450, As Passed Senate, May 16, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5450

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 349 (MCL 750.349).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 349.  Confining person against will, etc.--Any person who

wilfully, maliciously and without lawful authority shall forcibly

or secretly confine or imprison any other person within this state

against his will, or shall forcibly carry or send such person out

of this state, or shall forcibly seize or confine, or shall

inveigle or kidnap any other person with intent to extort money or

other valuable thing thereby or with intent either to cause such

person to be secretly confined or imprisoned in this state against

his will, or in any way held to service against his will, shall be

guilty of a felony, punishable by imprisonment in the state prison

for life or for any term of years.

     Every offense mentioned in this section may be tried either in

the county in which the same may have been committed or in any

county in or through which the person so seized, taken, inveigled,

kidnaped or whose services shall be sold or transferred, shall have

been taken, confined, held, carried or brought; and upon the trial

of any such offense, the consent thereto of the person, so taken,

inveigled, kidnaped or confined, shall not be a defense, unless it

shall be made satisfactorily to appear to the jury that such

consent was not obtained by fraud nor extorted by duress or by

threats.

(1) A person commits the crime of kidnapping if he or she

knowingly restrains another person with the intent to do 1 or more

of the following:

     (a) Hold that person for ransom or reward.

     (b) Use that person as a shield or hostage.

     (c) Engage in criminal sexual penetration or criminal sexual

contact with that person.

     (d) Take that person outside of this state.

     (e) Hold that person in involuntary servitude.

     (2) As used in this section, "restrain" means to restrict a

person's movements or to confine the person so as to interfere with

that person's liberty without that person's consent or without

legal authority. The restraint does not have to exist for any

particular length of time and may be related or incidental to the

commission of other criminal acts.

     (3) A person who commits the crime of kidnapping is guilty of

a felony punishable by imprisonment for life or any term of years

or a fine of not more than $50,000.00, or both.

     (4) This section does not prohibit the person from being

charged with, convicted of, or sentenced for any other violation of

law arising from the same transaction as the violation of this

section.

     Enacting section 1.  This amendatory act takes effect 90 days

after it is enacted.