THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.234b Intentionally discharging firearm at dwelling or potentially occupied structure as felony; penalty; exceptions; other violation; consecutive terms; definitions. Sec. 234b.

(1) Except as otherwise provided in this section, an individual who intentionally discharges a firearm at a facility that he or she knows or has reason to believe is a dwelling or a potentially occupied structure, whether or not the dwelling or structure is actually occupied at the time the firearm is discharged, is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both. (2) An individual who intentionally discharges a firearm in a facility that he or she knows or has reason to believe is a dwelling or a potentially occupied structure, in reckless disregard for the safety of any individual and whether or not the dwelling or structure is actually occupied at the time the firearm is discharged, is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both. (3) If an individual violates subsection (1) or (2) and causes any physical injury to another individual, the individual is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $15,000.00, or both. (4) If an individual violates subsection (1) or (2) and causes the serious impairment of a body function of another individual, the individual is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $25,000.00, or both. (5) If an individual violates subsection (1) or (2) and causes the death of another individual, the individual is guilty of a felony punishable by imprisonment for life or any term of years. (6) Subsections (1) and (2) do not apply to a peace officer of this state or another state, or of a local unit of government of this state or another state, or of the United States, performing his or her duties as a peace officer. (7) Subsections (1) and (2) do not apply to an individual who discharges a firearm in self-defense or the defense of another individual. (8) 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. (9) 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. (10) As used in this section: (a) "Dwelling" means a facility habitually used by 1 or more individuals as a place of abode, whether or not an individual is present in the facility. (b) "Peace officer" means that term as defined in section 215. (c) "Potentially occupied structure" means a structure that a reasonable person knows or should know is likely to be occupied by 1 or more individuals due to its nature, function, or location. (d) "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. 1990, Act 321, Eff. Mar. 28, 1991 ;-- Am. 1992, Act 218, Imd. Eff. Oct. 13, 1992 ;-- Am. 2005, Act 303, Imd. Eff. Dec. 21, 2005 ;-- Am. 2014, Act 191, Eff. Sept. 22, 2014

Analysis of Michigan Penal Code Section 234b

This excerpt is from Act 328 of 1931, which contains Section 234b of the Michigan Penal Code. The section addresses the intentional discharge of a firearm at a dwelling or potentially occupied structure, outlining the associated crimes, penalties, exceptions, and definitions.

Intentional Discharge of Firearm at Dwelling or Potentially Occupied Structure

1. An individual who intentionally discharges a firearm at a facility that they know or have reason to believe is a dwelling or a potentially occupied structure commits a felony offense under this section.
2. The severity of the offense and the corresponding penalties depend on the circumstances and consequences of the violation:
   • (a) If the firearm is intentionally discharged at a dwelling or potentially occupied structure, whether or not it is actually occupied at the time, the individual is guilty of a felony punishable by imprisonment for up to 10 years, a fine of up to $10,000, or both.
   • (b) If the firearm is intentionally discharged at a dwelling or potentially occupied structure, in reckless disregard for the safety of any individual and regardless of whether it is actually occupied, the individual is guilty of a felony punishable by imprisonment for up to 10 years, a fine of up to $10,000, or both.
3. If the violation of subsection (1) or (2) causes any physical injury to another individual, the individual is guilty of a felony punishable by imprisonment for up to 15 years, a fine of up to $15,000, or both.
4. If the violation of subsection (1) or (2) causes the serious impairment of a body function of another individual, the individual is guilty of a felony punishable by imprisonment for up to 20 years, a fine of up to $25,000, or both.
5. If the violation of subsection (1) or (2) causes the death of another individual, the individual is guilty of a felony punishable by life imprisonment or any term of years.

Exceptions

1. The provisions of subsections (1) and (2) do not apply to the following individuals:
   • (a) Peace officers of the state, another state, a local unit of government, or the United States while performing their duties as peace officers.
   • (b) Individuals who discharge a firearm in self-defense or defense of another person.

Additional Provisions

1. This section does not prevent individuals from being charged, convicted, or punished for any other violations of law committed while violating this section.
2. If an individual violates this section and commits another violation arising from the same transaction, the terms of imprisonment for each violation may be imposed consecutively.

Definitions

1. "Dwelling" refers to a facility habitually used by one or more individuals as a place of abode, regardless of whether an individual is present at the time.
2. "Peace officer" refers to the definition provided in Section 215 of the Michigan Penal Code.
3. "Potentially occupied structure" refers to a structure that a reasonable person knows or should know is likely to be occupied by one or more individuals due to its nature, function, or location.
4. "Serious impairment of a body function" refers to the definition provided in Section 58c of the Michigan Vehicle Code, which is part of the 1949 Public Act 300.

It is important to note that Section 234b has been amended multiple times, with the most recent amendment occurring in 2014 under Act 191. The specific details of these amendments are not provided in this excerpt.

Please be aware that legal interpretations and applications can vary, and it is advisable to consult legal professionals or refer to the complete and updated version of the Michigan Penal Code for precise and current information.