§ 74-35. Person informed of criminal investigation by peace officer; prohibited conduct; violation; penalty; exception; definitions.

(a)

Except as provided in this section, a person who is informed by a peace officer that he or she is conducting a criminal investigation shall not do any of the following:

(1)

By any trick, scheme, or device, knowingly and willfully conceal from the peace officer any material fact relating to the criminal investigation.

(2)

Knowingly and willfully make any statement to the peace officer that the person knows is false or misleading regarding a material fact in that criminal investigation.

(3)

Knowingly and willfully issue or otherwise provide any writing or document to the peace officer that the person knows is false or misleading regarding a material fact in that criminal investigation.

(b)

A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 93 days or a fine of not more than $500.00.

(c)

This section does not apply to either of the following:

(1)

Any statement made or action taken by an alleged victim of the crime being investigated by the peace officer, where the person who was acting under duress or out of a reasonable fear of physical harm to himself or herself or another person.

(2)

A person who was acting under duress or out of a reasonable fear of physical harm to himself or herself or another person from a spouse or former spouse, a person with whom he or she has or has had a dating relationship, a person with whom he or she has had a child in common, or a resident or former resident of his or her household.

(d)

This section does not prohibit a person from doing either of the following:

(1)

Invoking the person's rights under the Fifth Amendment of the Constitution of the United States or Section 17 of Article I of the State Constitution of 1963.

(2)

Declining to speak to or otherwise communicate with a peace officer concerning the criminal investigation.

(e)

As used in this section:

(1)

Dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between two persons in a business or social context.

(2)

Peace officer means any of the following:

a.

A sheriff or deputy sheriff of a county of this state.

b.

An officer of the police department of a city, village, or township of this state.

c.

A marshal of a city, village, or township of this state.

d.

A constable of any local unit of government of this state.

e.

An officer of the Michigan State Police.

f.

A motor carrier officer appointed under section 6d of 1935 PA 59, MCL 28.6d.

(Ord. No. 2128, 3-4-13)