Michigan Laws 750.200j – Additional unlawful acts; penalties
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(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.
For details, see Mich. Comp. Laws ch. 777 pt. 2
Attorney's Note
Under the Michigan Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| A | up to life |
Terms Used In Michigan Laws 750.200j
- Chemical irritant: means solid, liquid, or gas that through its chemical or physical properties, alone or in combination with 1 or more other substances, can be used to produce an irritant effect in humans, animals, or plants. See Michigan Laws 750.200h
- Chemical irritant device: means a device designed or intended to release a chemical irritant. See Michigan Laws 750.200h
- Deliver: means that actual or constructive transfer of a substance or device from 1 person to another regardless of any agency relationship. See Michigan Laws 750.200h
- 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
- For an unlawful purpose: includes , but is not limited to, having the intent to do any of the following:
(i) Frighten, terrorize, intimidate, threaten, harass, injure, or kill any person. See Michigan Laws 750.200hImitation harmful substance or device: means a substance or device that is designed or intended to represent 1 or more of the following or that is alleged to be 1 of the following but that is not any of the following:
(i) A harmful biological device. See Michigan Laws 750.200hperson: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Serious impairment of a body function: means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 750.200h
(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.