THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.81d Assaulting, battering, resisting, obstructing, opposing person performing duty; felony; penalty; other violations; consecutive terms; definitions. Sec. 81d.

(1) Except as provided in subsections (2), (3), and (4), an individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both. (2) An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties causing a bodily injury requiring medical attention or medical care to that person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both. (3) An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties causing a serious impairment of a body function of that person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both. (4) An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties causing the death of that person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both. (5) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section. (6) A term of imprisonment imposed for a violation of this section may run consecutively to any term of imprisonment imposed for another violation arising from the same transaction. (7) As used in this section: (a) "Obstruct" includes the use or threatened use of physical interference or force or a knowing failure to comply with a lawful command. (b) "Person" means any of the following: (i) A police officer of this state or of a political subdivision of this state including, but not limited to, a motor carrier officer or capitol security officer of the department of state police. (ii) A police officer of a junior college, college, or university who is authorized by the governing board of that junior college, college, or university to enforce state law and the rules and ordinances of that junior college, college, or university. (iii) A conservation officer of the department of natural resources or the department of environmental quality. (iv) A conservation officer of the United States department of the interior. (v) A sheriff or deputy sheriff. (vi) A constable. (vii) A peace officer of a duly authorized police agency of the United States, including, but not limited to, an agent of the secret service or department of justice. (viii) A firefighter. (ix) Any emergency medical service personnel described in section 20950 of the public health code, 1978 PA 368, MCL 333.20950. (x) An individual engaged in a search and rescue operation as that term is defined in section 50c. (c) "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. 2002, Act 266, Eff. July 15, 2002 ;-- Am. 2006, Act 517, Imd. Eff. Dec. 29, 2006

Understanding Penalties for Threats and Assaults Against Family Independence Agency Employees: Section 750.81c of the Michigan Penal Code Simplified

Section 750.81c of the Michigan Penal Code outlines penalties for communicating threats or carrying out assaults against employees of the Family Independence Agency due to their employment status. Here's the simplified explanation:

1. Threats of Physical Harm: If a person communicates a threat to physically harm an employee of the Family Independence Agency because of their employment status, the person making the threat is guilty of a misdemeanor. The punishment for this offense is imprisonment for up to one year, a fine of up to $1,000, or both.
2. Assault Leading to Physical Injury: If a person assaults or assaults and batters an employee of the Family Independence Agency while they're performing their duties, and causes any physical injury, the person is guilty of a felony. This is applicable if the assault occurs due to the victim's employment status in the agency. The punishment for this offense is imprisonment for up to two years, a fine of up to $1,000, or both.
3. Assault Leading to Serious Impairment of Body Function: If a person assaults an employee of the Family Independence Agency, causing a serious impairment of body function while the employee is performing their duties or due to their employment status, the person is guilty of a felony. The punishment for this offense is imprisonment for up to five years, a fine between $1,000 and $5,000, or both.
4. Additional Convictions or Sentences: Being convicted or sentenced for a violation of this section does not prevent a conviction or sentence for a violation of any other applicable law.
5. Definition of Serious Impairment of Body Function: The phrase "serious impairment of body function" is defined as per section 625(5) of the Michigan vehicle code.

The Importance of Understanding Section 750.81c

This section of the penal code provides significant protections for employees of the Family Independence Agency. It sets penalties for threats and assaults against these workers, creating a safer work environment. Knowing these provisions can help individuals understand their rights and the consequences of threatening or assaulting employees of this agency.