Current through Public Act 171 of the 2024 Legislative Session
Section 750.145b - Accosting, enticing or soliciting child for immoral purpose; prior conviction; penalty(1) A person convicted of violating section 145a who has 1 or more prior convictions is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both.(2) 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.(3) As used in this section, "prior conviction" means a violation of section 145a or a violation of a law of another state substantially corresponding to section 145a.Add. 1935, Act 174, Eff. 9/21/1935 ;--Am. 1939, Act 88, Eff. 9/29/1939 ;--CL 1948, 750.145b ;--Am. 2002, Act 45, Eff. 6/1/2002.