THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.234a Intentionally discharging firearm from motor vehicle, snowmobile, or off-road vehicle as crime; penalty; exceptions; other violation; consecutive terms; self-defense; "peace officer" defined. Sec. 234a.

(1) An individual who intentionally discharges a firearm from a motor vehicle, a snowmobile, or an off-road vehicle is guilty of a crime as follows: (a) If the violation endangers the safety of another individual, the individual 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. (b) If the violation 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. (c) If the violation 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. (d) If the violation causes the death of another individual, the individual is guilty of a felony punishable by imprisonment for life or any term of years. (2) Subsection (1) does not apply to any of the following: (a) 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 while on or off a scheduled work shift as a peace officer. (b) An individual who discharges a firearm in self-defense or the defense of another individual. (3) 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. (4) 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. (5) As used in this section: (a) "Peace officer" means that term as defined in section 215. (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. 1990, Act 321, Eff. Mar. 28, 1991 ;-- Am. 1992, Act 218, Imd. Eff. Oct. 13, 1992 ;-- Am. 1996, Act 163, Imd. Eff. Apr. 11, 1996 ;-- Am. 2005, Act 303, Imd. Eff. Dec. 21, 2005 ;-- Am. 2014, Act 191, Eff. Sept. 22, 2014

Analysis of Michigan Penal Code Section 234a

This excerpt is from Act 328 of 1931, which includes Section 234a of the Michigan Penal Code. The section addresses the intentional discharge of a firearm from a motor vehicle, snowmobile, or off-road vehicle, outlining the associated crimes, penalties, exceptions, and definitions.

Intentional Discharge of Firearm from Motor Vehicle, Snowmobile, or Off-Road Vehicle

1. An individual who intentionally discharges a firearm from a motor vehicle, snowmobile, or off-road vehicle commits a crime under this section.
2. The severity of the offense and the corresponding penalties depend on the consequences of the violation:
   • (a) If the violation endangers the safety of another individual, it is a felony punishable by imprisonment for up to 10 years, a fine of up to $10,000, or both.
   • (b) If the violation causes any physical injury to another individual, it is a felony punishable by imprisonment for up to 15 years, a fine of up to $15,000, or both.
   • (c) If the violation causes the serious impairment of a body function of another individual, it is a felony punishable by imprisonment for up to 20 years, a fine of up to $25,000, or both.
   • (d) If the violation causes the death of another individual, it is a felony punishable by life imprisonment or any term of years.

Exceptions

1. The following individuals are exempted from the provisions of this section:
   • (a) Peace officers performing their duties as peace officers while on or off a scheduled work shift.
   • (b) Individuals who discharge a firearm in self-defense or in defense of another individual.
2. It is important to note that these exceptions are applicable in specific circumstances and under defined conditions.

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. "Peace officer" refers to the definition provided in Section 215 of the Michigan Penal Code.
2. "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 234a has been amended several times, with the latest amendment occurring in 2014 under Act 191. The details of these amendments, however, are not specified in this excerpt.

Please note 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.