Michigan Criminal Code: Arson

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Fire or Explosive

Published: 10 months ago
Subcategory:
Arson

THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.78 Fire or explosive; prohibited acts; violation as misdemeanor; penalty. Sec. 78. (1) Except as provided in sections 72 to 77, a person shall not do any of the following: (a) Willfully and maliciously burn, damage, or destroy by fire or explosive any of the following or its contents: (i) Any personal property having a value of $200.00 or more but less than $1,000.00. (ii) Any personal property having a value of less than $200.00, if the person has 1 or more prior convictions. (iii) Any personal property having a value of less than $200.00. (b) Negligently, carelessly, or recklessly set fire to a hotel or motel or its contents, and, by setting that fire, endanger the life or property of another person. (2) Subsection (1) applies regardless of whether the person owns the building, structure, hotel, motel, or its contents, or the personal property. (3) A violation of this section is a misdemeanor punishable as follows: (a) If the person violates subsection (1)(a)(i) or (ii), imprisonment for not more than 1 year and a fine of not more than $2,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater. (b) If the person violates subsection (1)(a)(iii) or (b), imprisonment for not more than 93 days and a fine of not more than $500.00 or 3 times the value of the property damaged or destroyed, whichever is greater.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.78 ;-- Am. 2012, Act 533, Eff. Apr. 3, 2013 ;-- Am. 2014, Act 111, Eff. July 9, 2014 Former Law: See section 1 of Ch. 45 of R.S. 1846, being CL 1857, § 5924; CL 1871, § 7790; How., § 9402; CL 1897, § 11653; CL 1915, § 15424; and CL 1929, § 16942.

Understanding Prohibited Acts Involving Fire or Explosive: Section 750.78 of the Michigan Penal Code Simplified

Defining Prohibited Acts Involving Fire or Explosive

Section 750.78 of the Michigan Penal Code outlines specific acts involving fire or explosives that are deemed illegal, excluding scenarios already covered by Sections 72 to 77. These prohibited acts include:

  1. Deliberately and maliciously burning, damaging, or destroying any personal property valued between $200 and $1,000 using fire or explosives.
  2. Deliberately and maliciously burning, damaging, or destroying any personal property valued less than $200 using fire or explosives, provided the person responsible has one or more previous convictions.
  3. Deliberately and maliciously burning, damaging, or destroying any personal property valued less than $200 using fire or explosives, even without previous convictions.
  4. Negligently, carelessly, or recklessly setting fire to a hotel or motel or its contents in a manner that endangers the life or property of another person.

It's important to note that these laws apply regardless of whether the person committing these acts owns the personal property or the building.

Penalties for Prohibited Acts Involving Fire or Explosive

Violating the above provisions is a misdemeanor and the penalties are as follows:

  1. If a person violates the first or second point above, the penalty can be up to 1 year in prison, a fine of up to $2,000, or three times the value of the property damaged or destroyed, whichever is greater.
  2. If a person violates the third or fourth point above, the penalty can be up to 93 days in prison, a fine of up to $500, or three times the value of the property damaged or destroyed, whichever is greater.

The Importance of Understanding Prohibited Acts Involving Fire or Explosive

Grasping the scope of this section is crucial as it can deter individuals from engaging in dangerous behaviors involving fire or explosives, and ensure they understand the potential consequences. This aids in fostering a safer community environment, preventing harm to people and property.

This should be used for informational and general purposes only and should not be construed as legal advice or relied on aside for general information that may contain opinion.


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