Strict Liability Crimes in Michigan can land a person in prison for at least 25 years even though the person had no basis to believe they were doing anything illegal. An example of this is Criminal Sexual Conduct in the First Degree. It is a strict liability crime in Michigan to have sex with a person under 13, even if they lie about their age and even if the adult having sex with them believed the victim was older than 13!
A recent case in Michigan is a Criminal Sexual Conduct. The man thought he was meeting up with a 17 year old girl. Sadly for him, the girl lied about her age was only 12. She looks older than 12 and as I mentioned before, she presented herself as 17. Because of this girl’s dishonesty, at least two men have been charged with Criminal Sexual Conduct in the 1st degree.
Strict Liability Crimes are very serious crimes that can lead with up to 25 years in prison.
Many Strict Liability Crimes Are Vague Criminal Laws
A classic example of a field of criminal law that is filled with strict liability offenses that have heavy penalties are environmental regulation. A man was convicted of disposing scrap tires in an improper manner. The was given a $10,000 fine and 270 days in jail!
You may be a criminal and without knowing you are violating the law! Under English Common Law, behavior that were felony charges were offenses that were clearly understood to be morally wrong: murder, theft, rape. Sadly, in Michigan behavior that is innocuous can still be criminalized. If you placed a wager in a march madness pool, you committed a crime.
Fundamental Principles of Criminal Law
Based on centuries of tradition, our legal system only declares a crime has happened when there is a bad act that is committed with wrongful intent. To quote William Blackstone an 18th-century English jurist, wrote: “[A]n unwarrantable act without a vicious will is no crime at all.” Thus, a person could only be convicted if he committed an unlawful act and knew (or should have known) that the conduct was illegal.
Because of urbanization and industrialization that started in the mid-19th century, the number of strict liability crimes on the books have skyrocketed. Legislatures have enacted criminal prohibitions for safety and public health reasons.
Michigan Strict Liability Crimes
Under Michigan law, it is a misdemeanor for a person to cause pet ferrets discomfort. It is a crime to sell poultry without maintaining a detailed bill of sale records. If the Star-Spangled Banner is being played it is illegal to dance during it. Intent is not an element of any of these crimes.
The Michigan legislature needs to change our laws to provide clarity to our criminal statutes. If there is a criminal law that is silent on intent, the default position needs to be the crime is one of specific intent. Fourteen states have improved the intent standards of their criminal statutes. The state of Michigan needs to be next in line. The administration of peace would be improved. Individuals would be sparred from prosecution and truly evil behavior can be more quickly prosecuted.
If you have any questions regarding strict liability crimes, please give me a call right now at 616-438-6719.