THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.74 Third degree arson.
Sec. 74.
(1) Except as provided in sections 72 and 73, a person who does any of the following is guilty of third degree arson: (a) Willfully or maliciously burns, damages, or destroys by fire or explosive any building or structure, or its contents, regardless of whether it is occupied, unoccupied, or vacant at the time of the fire or explosion. (b) Willfully and maliciously burns, damages, or destroys by fire or explosive any of the following or its contents: (i) Any personal property having a value of $20,000.00 or more. (ii) Any personal property having a value of $1,000.00 or more if the person has 1 or more prior convictions. (2) Subsection (1) applies regardless of whether the person owns the building, structure, other real property or its contents, or the personal property. (3) Third degree arson is a felony punishable by 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.
Demystifying Third Degree Arson: A Layman's Guide to Section 750.74 of the Michigan Penal Code
What is Third Degree Arson?
Third degree arson, as outlined in Section 750.74, is when someone deliberately uses fire or explosives to damage or destroy:
- Any building or structure, or its contents, whether it was occupied, unoccupied, or vacant at the time.
- Any personal property worth $20,000 or more.
- Any personal property worth $1,000 or more if the person has one or more previous convictions.
This law is in effect except for situations covered by Sections 72 and 73. Also, it applies regardless of whether the person owns the damaged property.
What are the Consequences of Third Degree Arson?
Third degree arson is a serious crime, categorized as a felony. If you're found guilty of this crime, the punishment can be severe:
- You could face a prison sentence of up to 10 years.
- You could be fined up to $20,000, or three times the value of the property you damaged or destroyed - whichever is greater.
- In some cases, you might have to face both the imprisonment and the fine.
Why is Understanding Third Degree Arson Important?
Comprehending third degree arson emphasizes the serious nature of arson crimes. It showcases how purposefully causing damage or destruction with fire or explosives, even if it's your own property, can lead to serious legal consequences. Understanding this enhances our responsibility towards the safe and respectful use of property, fire, and explosives, fostering a safer community.