MI HB5809

Creates a new crime in MCL 750.448(2) for soliciting a minor aged 16-17 to commit prostitution or a lewd act, punishable as a felony with up to 5 years imprisonment or a fine up to $10,000, or both.

Maintains the existing misdemeanor offense in MCL 750.448(1) for soliciting anyone 16 years or older to commit prostitution or a lewd act, with penalties ranging from 93 days to 2 years imprisonment depending on prior convictions.

Sets escalating penalties in MCL 750.451: first offense is a misdemeanor (up to 93 days or $500), second offense is a misdemeanor (up to 1 year or $1,000), and third or more offenses are felonies (up to 2 years or $2,000).

Requires prosecutors seeking enhanced sentences based on prior convictions to list them on the complaint and information, with the court determining prior conviction status without jury involvement at sentencing.

Defines "prior conviction" to include violations of the relevant Michigan penal code sections or substantially corresponding laws from other states or political subdivisions.