THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.81e Assault or battery of employee or contractor of public utility; violation as misdemeanor or felony; penalty; other violations; definitions. Sec. 81e.
(1) Except as otherwise provided in this section, a person who assaults, batters, or assaults and batters an individual while the individual is performing his or her duties as an employee or contractor of a public utility or because of the individual's status as an employee or contractor of a public utility is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both. (2) A person who assaults, batters, or assaults and batters an individual while the individual is performing his or her duties as an employee or contractor of a public utility or because of the individual's status as an employee or contractor of a public utility causing the individual bodily injury requiring medical attention or medical care is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both. (3) A person who assaults, batters, or assaults and batters an individual while the individual is performing his or her duties as an employee or contractor of a public utility or because of the individual's status as an employee or contractor of a public utility causing the individual serious impairment of a body function is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both. (4) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law arising out of the same transaction as the violation of this section. (5) As used in this section: (a) "Public utility" means a utility that provides steam, gas, heat, electricity, water, cable television, telecommunications services, or pipeline services, whether privately, municipally, or cooperatively owned. (b) "Serious impairment of a body function" means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.
History: Add. 2010, Act 131, Eff. Oct. 19, 2010
Understanding Assault or Battery of Public Utility Employees or Contractors: Section 750.81e of the Michigan Penal Code Simplified
Section 750.81e of the Michigan Penal Code lays out the penalties for assaulting, battering, or both assaulting and battering an individual who is an employee or contractor of a public utility. The penalties differ based on the severity of the injury caused. Here is a simplified explanation:
- Basic Assault or Battery: If a person assaults, batters, or both assaults and batters an individual while they are performing their duties as a public utility employee or contractor, or because of their status as such, the person could be found guilty of a misdemeanor. The punishment for this is imprisonment for up to one year, a fine of up to $1,000, or both.
- Causing Bodily Injury: If these actions lead to bodily injury that requires medical attention or care, the person is guilty of a felony. The punishment for this is imprisonment for up to two years, a fine of up to $1,000, or both.
- Causing Serious Impairment of Body Function: If these actions result in serious impairment of body function for the public utility employee or contractor, the person is guilty of a felony. The punishment for this is imprisonment for up to five years, a fine of at least $1,000 but not more than $5,000, or both.
- Additional Convictions or Sentences: This section doesn't prevent a person from being charged with, convicted of, or punished for any other law violations committed while violating this section.
- Definitions: In this section, "public utility" refers to utilities that provide steam, gas, heat, electricity, water, cable television, telecommunications services, or pipeline services, regardless of whether they are privately, municipally, or cooperatively owned. "Serious impairment of a body function" is defined as per section 58c of the Michigan vehicle code.
The Importance of Understanding Section 750.81e
This section of the penal code is designed to protect those working for or with public utilities, as they often work in public spaces and can be vulnerable to assault or interference. Understanding these provisions can help individuals know their rights and the consequences of assaulting or battering a public utility worker or contractor.