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MICHIGAN
ANTI-COUNTERFEITING STATUTE
ENROLLED HOUSE BILL No. 4728 (MCL
750.263)
AN ACT to amend 1931 PA 328,
entitled "An act to revise, consolidate, codify and add to the
statutes relating to crimes; to define crimes and prescribe the
penalties therefor; to provide for restitution under certain
circumstances; to provide for the competency of evidence at the
trial of persons accused of crime; to provide immunity from
prosecution for certain witnesses appearing at such trials; and to
repeal certain acts and parts of acts inconsistent with or
contravening any of the provisions of this act," by amending
sections 263 and 264 (MCL 750.263 and 750.264); and to repeal acts
and parts of acts.
The People of the State of
Michigan enact:
Sec. 263. (1) A person who
willfully counterfeits an identifying mark with intent to deceive or
defraud another person or to represent an item of property or
service as bearing or identified by an authorized identifying mark
is guilty of a misdemeanor punishable by imprisonment for not more
than 1 year or a fine of not more than $500.00, or both.
(2) Except as provided in subsection (3), a person who willfully
delivers, offers to deliver, uses, displays, advertises, or
possesses with intent to deliver any item of property or services
bearing, or identified by a counterfeit mark, is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or a
fine of not more than $500.00 or 3 times the aggregate value of the
violation, whichever is greater, or both imprisonment and a fine.
(3) A person who violates subsection (2) is guilty of a felony
punishable by imprisonment for not more than 5 years or a fine of
not more than $50,000.00 or 3 times the aggregate value of the
violation, whichever is greater, or both imprisonment and a fine, if
any of the following apply:
(a) The person has a prior conviction under this section, section
264 or 265a, or former section 265 or a law of the United States or
another state substantially corresponding to this section, section
264 or 265a, or former section 265.
(b) The violation involved more than 100 items of property.
(c) The aggregate value of the violation is more than $1,000.00.
(4) A person who willfully manufactures or produces an item of
property bearing or identified by a counterfeit mark is guilty of a
felony punishable by imprisonment for not more than 5 years or a
fine of not more than $50,000.00 or 3 times the aggregate value of
the violation, whichever is greater, or both imprisonment and a
fine.
(5) Willful possession of more than 25 items of property bearing or
identified by a counterfeit mark gives rise to a rebuttable
presumption that the person possessed those items with intent to
deliver them in violation of subsection (2).
(6) Any item of property bearing a counterfeit mark shall be seized
under warrant or incident to a lawful arrest. An item of property
that bears a counterfeit mark is subject to forfeiture in the same
manner as provided in sections 4701 to 4709 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709. Upon
determination that an item of property bears a counterfeit mark, the
court shall order the item forfeited and shall do 1 of the
following:
(a) If the owner of the identifying mark requests, return the item
to that owner for destruction or another disposition or use approved
by the court.
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