THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.241 Firefighter; obstructing and disobeying; interfering with public service facility during riot or civil disturbance. Sec. 241.

(1) Any person who, while in the vicinity of any fire, willfully disobeys any reasonable order or rule of the officer commanding any fire department at the fire, when the order or rule is given by the commanding officer or a firefighter there present, is guilty of a misdemeanor. (2) During a riot or other civil disturbance, any person who knowingly and willfully hinders, obstructs, endangers, or interferes with any person who is engaged in the operation, installation, repair, or maintenance of any essential public service facility, including a facility for the transmission of electricity, gas, telephone messages, or water, is guilty of a felony.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.241 ;-- Am. 1968, Act 328, Eff. July 3, 1968 ;-- Am. 2002, Act 270, Eff. July 15, 2002 Former Law: See section 1 of Act 239 of 1921, being CL 1929, § 16644.

Analysis of Michigan Penal Code Section 241

The provided excerpt is from Act 328 of 1931, which includes Section 241 of the Michigan Penal Code. This section addresses two distinct offenses related to obstruction and disobedience of firefighters and interference with public service facilities during riots or civil disturbances.

Offense of Disobeying Firefighter Orders

1. Any person who, while in the vicinity of a fire, willfully disobeys a reasonable order or rule issued by the commanding officer of a fire department or a firefighter present at the scene is guilty of a misdemeanor.
2. The disobedience must be deliberate and intentional, and the order or rule must be reasonable in nature. This provision aims to ensure the effective coordination and control of firefighting operations by granting authority to fire department officers and firefighters at the scene.

Offense of Interfering with Public Service Facility during Riot or Civil Disturbance

1. During a riot or civil disturbance, any person who knowingly and willfully hinders, obstructs, endangers, or interferes with individuals engaged in operating, installing, repairing, or maintaining essential public service facilities commits a felony offense.
2. The term "essential public service facility" encompasses facilities involved in transmitting electricity, gas, telephone messages, or water. The obstruction or interference with these facilities poses a threat to the smooth functioning of vital services necessary for public welfare.

Penalties

1. Disobeying firefighter orders is classified as a misdemeanor offense. The exact penalties may vary but generally involve criminal sanctions, such as imprisonment or fines. The specific punishment will depend on the circumstances of the case and any aggravating or mitigating factors considered during sentencing.
2. Interfering with public service facilities during a riot or civil disturbance is considered a felony offense. Felony convictions typically carry more severe penalties than misdemeanors. The exact punishment will be determined by the court and may involve imprisonment, fines, or a combination of both.

Historical Context

Section 241 was originally enacted as part of Act 328 of 1931 and has undergone subsequent amendments, including Act 328 of 1968 and Act 270 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.