THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.235b Threatening to commit violence with firearm, explosive, or other dangerous weapon against students or employees on school property; specific intent or overt act; violation arising out of same transaction; definitions. Sec. 235b.
(1) A person who verbally, through the use of an electronic device or system, or through other means intentionally threatens to use a firearm, explosive, or other dangerous weapon to commit an act of violence against any students or school employees on school grounds or school property if the threat can be reasonably interpreted to be harmful or adverse to human life, or dangerous to human life as that term is defined in section 543b, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both. (2) A person who violates subsection (1) and who in the course of violating subsection (1) had the specific intent to carry out the threat, or had undertaken an overt act toward carrying out the threat, is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $20,000.00, or both. (3) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law arising out of the same transaction as the violation of this section. (4) As used in this section: (a) "Dangerous weapon" means a knife, stabbing instrument, brass knuckles, blackjack, club, or other object specifically designed or customarily carried or possessed for use as a weapon. (b) "School" means that term as defined in section 237a. (c) "School property" means that term as defined in section 237a.
History: Add. 2018, Act 532, Eff. Mar. 28, 2019
Analysis of Michigan Penal Code Section 235b
The provided excerpt is from Act 328 of 1931, which includes Section 235b of the Michigan Penal Code. This section addresses the offense of threatening to commit violence with a firearm, explosive, or other dangerous weapon against students or employees on school property. It outlines the elements of the offense, penalties, the application to other violations, and provides definitions of key terms.
Offense of Threatening Violence Against Students or School Employees on School Property
- It is a misdemeanor offense for a person to intentionally threaten, through verbal communication, electronic devices or systems, or other means, to use a firearm, explosive, or other dangerous weapon to commit an act of violence against any students or school employees on school grounds or school property. The threat must be reasonably interpreted to be harmful or adverse to human life or dangerous to human life as defined in section 543b.
- If a person violates subsection (1) and, in the course of doing so, has either:
- The specific intent to carry out the threat, or
- Undertaken an overt act toward carrying out the threat,
- The provisions of this section do not prevent a person from being charged with, convicted of, or punished for any other violation of law arising from the same transaction as the violation of this section.
- Definitions:
- "Dangerous weapon" refers to a knife, stabbing instrument, brass knuckles, blackjack, club, or any other object specifically designed or commonly carried or possessed for use as a weapon.
- "School" has the same definition as provided in section 237a of the Michigan Penal Code.
- "School property" also has the same definition as provided in section 237a of the Michigan Penal Code.
It is important to note that Section 235b was added to the Michigan Penal Code by Act 532 of 2018, and it became effective on March 28, 2019.
Please bear in mind that legal interpretations and applications may vary. Therefore, it is advisable to consult legal professionals or refer to the complete and up-to-date version of the Michigan Penal Code for precise and current information.