Sec. 478a.
(1) A person shall not attempt to intimidate, hinder, or obstruct a public officer or public employee or a peace officer in the discharge of his or her official duties by a use of unauthorized process.
(2) Except as provided in subsection (3), a person who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both.
(3) A person who violates subsection (1) after 1 or more prior convictions for violating subsection (1) is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.
(4) This section does not apply to a lien authorized under a statute of this state.
(5) This section does not prohibit a person from being charged with, convicted of, or sentenced for any other violation of law that individual commits while violating this section.
(6) This section does not prohibit individuals from assembling lawfully or lawful free expression of opinions or designation of group affiliation or association.
(7) As used in this section:
(a) "Lawful tribunal" means a tribunal created, established, authorized, or sanctioned by law or a tribunal of a private organization, association, or entity to the extent that the organization, association, or entity seeks in a lawful manner to affect only the rights or property of persons who are members or associates of that organization, association, or entity.
(b) "Legal process" means a summons, complaint, pleading, writ, warrant, injunction, notice, subpoena, lien, order, or other document issued or entered by or on behalf of a court or lawful tribunal or lawfully filed with or recorded by a governmental agency that is used as a means of exercising or acquiring jurisdiction over a person or property, to assert or give notice of a legal claim against a person or property, or to direct persons to take or refrain from an action.
(c) "Public employee" means an employee of this state, an employee of a city, village, township, or county of this state, or an employee of a department, board, agency, institution, commission, authority, division, council, college, university, court, school district, intermediate school district, special district, or other public entity of this state or of a city, village, township, or county in this state, but does not include a person whose employment results from election or appointment.
(d) "Public officer" means a person who is elected or appointed to any of the following:
(i) An office established by the state constitution of 1963.
(ii) A public office of a city, village, township, or county in this state.
(iii) A department, board, agency, institution, commission, court, authority, division, council, college, university, school district, intermediate school district, special district, or other public entity of this state or a city, village, township, or county in this state.
(e) "Unauthorized process" means either of the following:
(i) A document simulating legal process that is prepared or issued by or on behalf of an entity that purports or represents itself to be a lawful tribunal or a court, public officer, or other agency created, established, authorized, or sanctioned by law but that is not a lawful tribunal or a court, public officer, or other agency created, established, authorized, or sanctioned by law.
(ii) A document that would otherwise be legal process except that it was not issued or entered by or on behalf of a court or lawful tribunal or lawfully filed with or recorded by a governmental agency as required by law. However, this subparagraph does not apply to a document that would otherwise be legal process but for 1 or more technical defects, including, but not limited to, errors involving names, spelling, addresses, or time of issue or filing or other defects that do not relate to the substance of the claim or action underlying the document.
History: Add. 1998, Act 360, Eff. Jan. 1, 1999
Structure Michigan Compiled Laws
Chapter 750 - Michigan Penal Code
Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568)
328-1931-LXX - Chapter LXX Public Offices and Officers (750.478...750.490a)
Section 750.479 - Resisting or Obstructing Officer in Discharge of Duty; Penalty; Definitions.
Section 750.480 - Refusing to Deliver Records and Money to Successor in Office.
Section 750.481 - Neglecting or Refusing to Execute Process; Penalty.
Section 750.482 - Neglecting or Refusing to Pay Over Moneys Collected; Penalty.
Section 750.483 - Neglecting or Refusing to Aid Sheriff, Coroner or Constable; Misdemeanor.
Section 750.484 - Repealed. 1991, Act 145, Imd. Eff. Nov. 25, 1991.
Section 750.485 - Accounting for County Money; County and Municipal Officers.
Section 750.486 - Repealed. 2002, Act 264, Imd. Eff. May 9, 2002.
Section 750.487 - Defense of Accused by Law Partner of Prosecutor.
Section 750.488 - Retention of Fees by State Officers and Employees on Salary.
Section 750.489 - False Statement of Public Finances and Transfer of Same.
Section 750.490 - Safe Keeping of Public Moneys.
Section 750.490a - Purchase by Employee Upon Public Credit for Private Use.