THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.224d Self-defense spray or foam device. Sec. 224d.
(1) As used in this section and section 224, "self-defense spray or foam device" means a device to which all of the following apply: (a) The device is capable of carrying, and ejects, releases, or emits 1 of the following: (i) Not more than 35 grams of any combination of orthochlorobenzalmalononitrile and inert ingredients. (ii) A solution containing not more than 18% oleoresin capsicum. (iii) A solution containing an ultraviolet dye and not more than 18% oleoresin capsicum. (b) The device does not eject, release, or emit any gas or substance that will temporarily or permanently disable, incapacitate, injure, or harm a person with whom the gas or substance comes in contact, other than the substance described in subdivision (a)(i), (ii), or (iii). (2) Except as otherwise provided in this section, a person who uses a self-defense spray or foam device to eject, release, or emit orthochlorobenzalmalononitrile or oleoresin capsicum at another person is guilty of a misdemeanor, punishable by imprisonment for not more than 2 years, or a fine of not more than $2,000.00, or both. (3) If a person uses a self-defense spray or foam device during the commission of a crime to eject, release, or emit orthochlorobenzalmalononitrile or oleoresin capsicum or threatens to use a self-defense spray or foam device during the commission of a crime to temporarily or permanently disable another person, the judge who imposes sentence upon a conviction for that crime shall consider the defendant's use or threatened use of the self-defense spray or foam device as a reason for enhancing the sentence. (4) A person shall not sell a self-defense spray or foam device to a minor. A person who violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both. (5) Subsection (2) does not prohibit either of the following: (a) The reasonable use of a self-defense spray or foam device containing not more than 18% oleoresin capsicum by a person who is employed by a county sheriff or a chief of police and who is authorized in writing by the county sheriff or chief of police to carry and use a self-defense spray or foam device and has been trained in the use, effects, and risks of the device, while in performance of his or her official duties. (b) The reasonable use of either of the following by a person in the protection of a person or property under circumstances that would justify the person's use of physical force: (i) A self-defense spray or foam device containing not more than 18% oleoresin capsicum. (ii) A self-defense spray or foam device containing an ultraviolet dye and not more than 18% oleoresin capsicum.
History: Add. 1980, Act 346, Eff. Mar. 31, 1981 ;-- Am. 1991, Act 33, Imd. Eff. June 10, 1991 ;-- Am. 1992, Act 4, Imd. Eff. Feb. 21, 1992 ;-- Am. 2006, Act 401, Eff. Dec. 28, 2006 ;-- Am. 2010, Act 365, Imd. Eff. Dec. 22, 2010 ;-- Am. 2018, Act 98, Imd. Eff. Apr. 2, 2018
Understanding Michigan's Laws on Self-Defense Spray or Foam Device
Definition of a Self-Defense Spray or Foam Device
In the context of Michigan law, a "self-defense spray or foam device" refers to a device that:
- Can carry and release one of the following:
- Up to 35 grams of a combination of orthochlorobenzalmalononitrile and inert ingredients.
- A solution containing no more than 18% oleoresin capsicum.
- A solution containing an ultraviolet dye and no more than 18% oleoresin capsicum.
- Does not release any gas or substance that could temporarily or permanently disable, injure, or harm a person, other than the substances mentioned above.
Use and Misuse of Self-Defense Spray or Foam Device
Generally, using a self-defense spray or foam device to release orthochlorobenzalmalononitrile or oleoresin capsicum at another person is considered a misdemeanor, punishable by up to 2 years in prison, a fine of up to $2,000, or both.
If a person uses or threatens to use a self-defense spray or foam device while committing a crime to temporarily or permanently disable another person, the judge is required to consider this as a reason for enhancing the sentence upon conviction for that crime.
It is also illegal to sell a self-defense spray or foam device to a minor. Violating this law is a misdemeanor, punishable by up to 90 days in prison, a fine of up to $500, or both.
Exceptions to the Law
The law allows certain exceptions:
- Individuals employed by a county sheriff or a chief of police, who have received written authorization and training to carry and use a self-defense spray or foam device, may reasonably use such a device containing no more than 18% oleoresin capsicum while performing their official duties.
- Individuals may reasonably use a self-defense spray or foam device containing no more than 18% oleoresin capsicum or a device containing an ultraviolet dye and no more than 18% oleoresin capsicum for the protection of a person or property under circumstances that would justify the person's use of physical force.
History of the Law
This law was added in 1980 and has been amended several times, with the most recent amendment being in 2018.
Disclaimer: This article does not constitute legal advice. Always consult with a legal professional if you have any doubts or questions.