THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.110a Definitions; home invasion; first degree; second degree; third degree; penalties. Sec. 110a.
(1) As used in this section: (a) "Dwelling" means a structure or shelter that is used permanently or temporarily as a place of abode, including an appurtenant structure attached to that structure or shelter. (b) "Dangerous weapon" means 1 or more of the following: (i) A loaded or unloaded firearm, whether operable or inoperable. (ii) A knife, stabbing instrument, brass knuckles, blackjack, club, or other object specifically designed or customarily carried or possessed for use as a weapon. (iii) An object that is likely to cause death or bodily injury when used as a weapon and that is used as a weapon or carried or possessed for use as a weapon. (iv) An object or device that is used or fashioned in a manner to lead a person to believe the object or device is an object or device described in subparagraphs (i) to (iii). (c) "Without permission" means without having obtained permission to enter from the owner or lessee of the dwelling or from any other person lawfully in possession or control of the dwelling. (2) A person who breaks and enters a dwelling with intent to commit a felony, larceny, or assault in the dwelling, a person who enters a dwelling without permission with intent to commit a felony, larceny, or assault in the dwelling, or a person who breaks and enters a dwelling or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, commits a felony, larceny, or assault is guilty of home invasion in the first degree if at any time while the person is entering, present in, or exiting the dwelling either of the following circumstances exists: (a) The person is armed with a dangerous weapon. (b) Another person is lawfully present in the dwelling. (3) A person who breaks and enters a dwelling with intent to commit a felony, larceny, or assault in the dwelling, a person who enters a dwelling without permission with intent to commit a felony, larceny, or assault in the dwelling, or a person who breaks and enters a dwelling or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, commits a felony, larceny, or assault is guilty of home invasion in the second degree. (4) A person is guilty of home invasion in the third degree if the person does either of the following: (a) Breaks and enters a dwelling with intent to commit a misdemeanor in the dwelling, enters a dwelling without permission with intent to commit a misdemeanor in the dwelling, or breaks and enters a dwelling or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, commits a misdemeanor. (b) Breaks and enters a dwelling or enters a dwelling without permission and, at any time while the person is entering, present in, or exiting the dwelling, violates any of the following ordered to protect a named person or persons: (i) A probation term or condition. (ii) A parole term or condition. (iii) A personal protection order term or condition. (iv) A bond or bail condition or any condition of pretrial release. (5) Home invasion in the first degree is a felony punishable by imprisonment for not more than 20 years or a fine of not more than $5,000.00, or both. (6) Home invasion in the second degree is a felony punishable by imprisonment for not more than 15 years or a fine of not more than $3,000.00, or both. (7) Home invasion in the third degree is a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,000.00, or both. (8) The court may order a term of imprisonment imposed for home invasion in the first degree to be served consecutively to any term of imprisonment imposed for any other criminal offense arising from the same transaction. (9) Imposition of a penalty under this section does not bar imposition of a penalty under any other applicable law.
History: Add. 1994, Act 270, Eff. Oct. 1, 1994 ;-- Am. 1999, Act 44, Eff. Oct. 1, 1999
Understanding Michigan Law on Home Invasion: Section 750.110a of the Michigan Penal Code Simplified
Section 750.110a of the Michigan Penal Code discusses home invasion offenses and the related penalties. Here's a more understandable explanation of this statute:
Key Definitions:
- "Dwelling": This term refers to a structure or shelter that's used either permanently or temporarily as a place to live. This includes any structure attached to that dwelling.
- "Dangerous weapon": This term can refer to firearms (loaded or unloaded, operable or inoperable), knives, stabbing instruments, brass knuckles, blackjacks, clubs, or any object designed or commonly used as a weapon. It also refers to any object likely to cause death or bodily harm when used as a weapon, and any object used or fashioned to appear as a dangerous weapon.
- "Without permission": This phrase means entering without permission from the owner, lessee, or anyone lawfully in control of the dwelling.
Types of Home Invasion:
- First Degree Home Invasion: A person commits a first-degree home invasion if they break and enter a dwelling (or enter without permission) intending to commit a felony, larceny, or assault and either is armed with a dangerous weapon or another person is lawfully present in the dwelling. This felony can result in up to 20 years in prison or a fine of up to $5,000, or both.
- Second Degree Home Invasion: A person commits a second-degree home invasion if they break and enter a dwelling (or enter without permission) intending to commit a felony, larceny, or assault. This felony can result in up to 15 years in prison or a fine of up to $3,000, or both.
- Third Degree Home Invasion: A person commits a third-degree home invasion if they break and enter a dwelling (or enter without permission) intending to commit a misdemeanor or violates any probation, parole, personal protection order, bond or bail condition, or any condition of pretrial release. This felony can result in up to 5 years in prison or a fine of up to $2,000, or both.
Additional Legal Notes:
- A sentence for first-degree home invasion may be served consecutively with any other sentence imposed for a different criminal offense arising from the same event.
- The penalties under this section do not prevent the imposition of penalties under any other applicable law.
The Importance of Understanding Section 750.110a
Understanding this law is critical because it outlines the various degrees of home invasion crimes, defining the severity based on factors like intent, presence of others, and use of weapons. It can serve as a deterrent and provide clarity to anyone involved in such offenses, including victims, law enforcement, legal professionals, and offenders.