THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.77 Fifth degree arson.
Sec. 77. (1) Except as provided in sections 72 to 76, a person who intentionally damages or destroys by fire or explosive any personal property having a value of $1,000.00 or less and who has 1 or more prior convictions is guilty of fifth degree arson. (2) Subsection (1) applies regardless of whether the person owns the personal property. (3) Fifth degree arson is a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater, or both imprisonment and a fine. (4) As used in this section: (a) "Personal property" includes an automobile, van, truck, motorcycle, trailer, and other personally owned property. (b) "Prior conviction" means a prior conviction for a violation of this chapter that arises out of a separate transaction from the violation of this section.
Breaking Down Fourth Degree Arson: A Comprehensive Look at Section 750.75 of the Michigan Penal Code
What is Fourth Degree Arson?
Fourth degree arson, defined under Section 750.75, involves intentionally or carelessly causing damage or destruction through fire or explosives. The law states that anyone who deliberately and destructively:
- Sets fire to or damages any personal property worth $1,000 or more, but less than $20,000, or
- Sets fire to or damages any personal property worth $200 or more, if the person has one or more prior convictions, is guilty of fourth degree arson.
Additionally, the law also covers individuals who:
- Willfully or negligently start a fire on another person's woodland, prairie, or grounds, or
- Allow a fire from their property to spread to another person's property, causing damage or destruction.
The law applies regardless of whether the person causing the fire or explosion owns the damaged property, and excludes situations covered by Sections 72, 73, and 74.
What are the Consequences of Fourth Degree Arson?
Fourth degree arson is classified as a felony, a serious crime that carries significant penalties. If found guilty, the person could face:
- Imprisonment for up to 5 years,
- A fine of up to $10,000, or three times the value of the property damaged or destroyed - whichever is greater, or
- Both the imprisonment and the fine.
Why is Understanding Fourth Degree Arson Important?
Having a clear understanding of fourth degree arson helps in recognizing the severity of these offenses and their legal implications. It emphasizes the significance of responsible and safe use of property, fire, and explosives. Knowing these laws fosters greater responsibility, promoting a safer environment for everyone.