Additional Unlawful Acts; Penalties.

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Sec. 200j.

(1) A person shall not manufacture, deliver, possess, transport, place, use, or release for an unlawful purpose any of the following:

(a) A chemical irritant or a chemical irritant device.

(b) A smoke device.

(c) An imitation harmful substance or device.

(2) A person who violates subsection (1) is guilty of a crime as follows:

(a) Except as provided in subdivisions (b) to (e), the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.

(b) If the violation results in property damage, the person is guilty of a felony punishable by imprisonment for not more than 7 years or a fine of not more than $10,000.00, or both.

(c) If the violation results in personal injury to another individual other than serious impairment of a body function or death, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00, or both.

(d) If the violation results in serious impairment of a body function to another individual, the person is guilty of a felony punishable by imprisonment for not more than 25 years or a fine of not more than $25,000.00, or both.

(e) If the violation results in the death of another individual, the person is guilty of a felony punishable by imprisonment for life or any term of years or a fine of not more than $40,000.00, or both.

History: Add. 1998, Act 207, Eff. Oct. 1, 1998 ;-- Am. 2001, Act 135, Imd. Eff. Oct. 23, 2001


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