THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.76 Arson of insured property. Sec. 76. (1) A person who willfully or maliciously burns, damages, or destroys by fire or explosive any of the following or the contents of any of the following is guilty of arson of insured property: (a) Any dwelling that is insured against loss from fire or explosion if the person caused the fire or explosion with the intent to defraud the insurer. (b) Except as provided in subdivision (a), any building, structure, or other real property that is insured against loss from fire or explosion if the person caused the fire or explosion with the intent to defraud the insurer. (c) Any personal property that is insured against loss by fire or explosion if the person caused the fire or explosion with the intent to defraud the insurer. (2) Subsection (1) applies regardless of whether the person owns the dwelling, building, structure, other real property, or personal property. (3) Arson of insured property is a felony punishable as follows: (a) If the person violates subsection (1)(a), imprisonment for life or any term of years or a fine of not more than $20,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater, or both imprisonment and a fine. (b) If the person violates subsection (1)(b), imprisonment for not more than 20 years or a fine of not more than $20,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater, or both imprisonment and a fine. (c) If the person violates subsection (1)(c), imprisonment for not more than 10 years or a fine of not more than $20,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater, or both imprisonment and a fine.
Unraveling Arson of Insured Property: A Simple Interpretation of Section 750.76 of the Michigan Penal Code
What is Arson of Insured Property?
Arson of insured property, as described in Section 750.76, happens when someone purposefully and destructively uses fire or explosives to damage or destroy:
- A dwelling that is insured against loss from fire or explosion, with the intent to defraud the insurance company.
- Any building, structure, or other real property (other than dwellings as described above) that is insured against fire or explosion, with the intention to defraud the insurance company.
- Any personal property that is insured against loss from fire or explosion, with the intent to defraud the insurance company.
This law applies regardless of whether the person causing the fire or explosion owns the damaged property.
What are the Consequences of Arson of Insured Property?
Arson of insured property is a serious crime, known as a felony. The punishments, if found guilty, can be quite severe:
- If a dwelling is involved, the person could face a life sentence or imprisonment for any number of years, a fine of up to $20,000 or three times the value of the property damaged or destroyed (whichever is greater), or both.
- If it involves other buildings, structures, or real properties, the person could be imprisoned for up to 20 years, fined up to $20,000 or three times the value of the damaged or destroyed property (whichever is greater), or both.
- If it involves personal property, the person could face up to 10 years in prison, a fine of up to $20,000 or three times the value of the damaged or destroyed property (whichever is greater), or both.
Why is Understanding Arson of Insured Property Important?
Understanding arson of insured property is crucial as it reinforces the severity of the crime and its associated penalties. It highlights the importance of honesty when dealing with insurance matters and emphasizes the legal implications of misusing fire or explosives. A clear understanding of such laws can lead to a safer and more respectful community.