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Michigan Criminal Code: Fires and False Alarms

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False alarm of fire

Published: 9 months ago

THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.240 False alarm of fire. Sec. 240.

Any person who knowingly and willfully commits 1 or more of the following actions is guilty of a misdemeanor punishable by imprisonment for not more than 1 year and a fine of not more than $1,000.00: (a) Raise a false alarm of fire at any gathering or in any public place. (b) Ring any bell or operate any mechanical apparatus, electrical apparatus or combination thereof, for the purpose of creating a false alarm of fire. (c) Raise a false alarm of fire orally, by telephone or in person.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.240 ;-- Am. 1954, Act 15, Eff. Aug. 13, 1954 ;-- Am. 1965, Act 77, Eff. Mar. 31, 1966 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003 Former Law: See sections 1 and 2 of Act 16 of 1917, being CL 1929, §§ 16606 and 16607; and Act 62 of 1927.

Analysis of Michigan Penal Code Section 240

The provided excerpt is from Act 328 of 1931, which includes Section 240 of the Michigan Penal Code. This section deals with the offense of raising a false alarm of fire and outlines the associated penalties for such actions.

Offense of Raising a False Alarm of Fire

  1. Any person who knowingly and willfully engages in any of the following actions is guilty of a misdemeanor punishable by imprisonment for up to 1 year and a fine not exceeding $1,000.00:
    • (a) Raising a false alarm of fire at any gathering or in any public place.
    • (b) Ringing any bell or operating any mechanical or electrical apparatus, or a combination thereof, with the intention of creating a false alarm of fire.
    • (c) Raising a false alarm of fire orally, by telephone, or in person.
  2. The intentional and willful nature of the actions is a key element in establishing guilt under this section. It is essential to demonstrate that the person acted knowingly and with the specific intent to deceive or cause a false alarm of fire.

Penalties

The offense of raising a false alarm of fire is classified as a misdemeanor. Upon conviction, the maximum penalties include imprisonment for up to 1 year and a fine not exceeding $1,000.00. The court has the discretion to determine the specific punishment within these prescribed limits based on the circumstances of the case and any aggravating or mitigating factors presented.

Historical Context

Section 240 was originally enacted as part of Act 328 of 1931 and has been subsequently amended by various acts, including Act 15 of 1954, Act 77 of 1965, and Act 672 of 2002.

Please note that this analysis is provided for informational purposes only and should not be considered legal advice. For accurate and up-to-date information, it is advisable to consult legal professionals or refer to the complete and current version of the Michigan Penal Code.

This should be used for informational and general purposes only and should not be construed as legal advice or relied on aside for general information that may contain opinion.

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