THE MICHIGAN PENAL CODE
Act 328 of 1931
750.110 Breaking and entering; "shipping container" defined.
Sec. 110.
(1) A person who breaks and enters, with intent to commit a felony or a larceny therein, a tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, structure, boat, ship, shipping container, or railroad car is guilty of a felony punishable by imprisonment for not more than 10 years.
(2) As used in this section and section 111, "shipping container" means a standardized, reusable container for transporting cargo that is capable of integrating with a railcar flatbed or a flatbed semitrailer.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.110 ;-- Am. 1964, Act 133, Eff. Aug. 28, 1964 ;-- Am. 1968, Act 324, Eff. Nov. 15, 1968 ;-- Am. 1994, Act 270, Eff. Oct. 1, 1994 ;-- Am. 2008, Act 10, Eff. June 1, 2008
FormerLaw Notes:
See section 1 of Act 345 of 1925, being CL 1929, § 16948; and Act 13 of 1929.
Notes of Decisions
Cited in
1,049
cases (
52 in the last 5 years), 1951–2026 · leading case:
People v. Bush, 890 N.W.2d 370 (Mich. Ct. App. 2016).
People v. Bush, 890 N.W.2d 370 (Mich. Ct. App. 2016).
· cites it 7× “In the absence of any indication from the Legislature that the term “dwelling” includes the inner portions thereof, we agree with defendant’s statutory argument that he could not be convicted of home invasion for entering an internal room of a dwelling that he was already…”
People v. McGraw, 771 N.W.2d 655 (Mich. 2009).
· cites it 4× “39, because the collision of defendant's getaway vehicle into a fence during a police chase occurred after the definitional elements of his offense, breaking and entering a building with intent to commit larceny, MCL 750.110, were completed. The majority thus reverses the…”
People v. Cornell, 646 N.W.2d 127 (Mich. 2002).
· cites it 4× “MCL 750.110 provides: A person who breaks and enters, with intent to commit a felony or a larceny therein, a tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, structure, boat, ship, or railroad car is guilty of a felony, punishable by…”
United States v. Christopher Ritchey, 840 F.3d 310 (6th Cir. 2016).
· cites it 5× “§ 924 (e), based on several prior convictions of a Michigan breaking and entering statute, Mich. Comp. Laws § 750.110 . This appeal requires us to address the Supreme Court’s recent decision in Mathis v.”
Taylor v. United States, 495 U.S. 575 (1990).
· cites it 2× “" See Mich. Comp. Laws § 750.110 (1979). In contrast, California defines "burglary" so broadly as to include shoplifting and theft of goods from a "locked" but unoccupied automobile.”
People v. Rutherford, 526 N.W.2d 620 (Mich. Ct. App. 1994).
· cites it 8× “Following a jury trial, defendant was convicted of one count of breaking and entering an occupied building with the intent to commit larceny, MCL 750.110; MSA 28.305, and one count of conspiracy to commit a breaking and entering, MCL 750.”
People v. Young, 340 N.W.2d 805 (Mich. 1983).
· cites it 6× “The people further argue that statutory burglary contained all the elements of the common-law crime until 1964, when the Legislature deleted the nighttime element from the "burglary-breaking and entering" statute, MCL 750.110; MSA 28.305. This, it is alleged, impliedly changed…”
In Re Rood, 763 N.W.2d 587 (Mich. 2009).
· cites it 2× “" The petition recounted several convictions: breaking and entering a building with intent to steal, MCL 750.110, in 1999; misdemeanor attempt to resist and obstruct an officer, MCL 750.”
People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009).
· cites it 2× “266, § 14 ("breaks and enters") *900 Mich. Comp. Laws § 750.110 (1) ("breaks and enters") Minn.”
People v. Powell, 750 N.W.2d 607 (Mich. Ct. App. 2008).
· cites it 2× “In People v Traylor, 100 Mich App 248 ; 298 NW2d 719 (1980), this Court addressed a similar issue in the context of the prior version of the breaking-and-entering statute, former MCL 750.110 (which set forth a distinction between an “unoccupied dwelling house” and an “occupied…”
People v. Christel, 537 N.W.2d 194 (Mich. 1995).
· cites it 4× “[3] MCL 750.110; MSA 28.305. Alleged to have occurred on January 23, 1990.”
People v. Burwick, 537 N.W.2d 813 (Mich. 1995).
· cites it 4× “NOTES [1] MCL 750.110; MSA 28.305. [2] Unpublished memorandum opinion, issued November 5, 1993 (Docket No.”
— Mich. Comp. Laws § 750.110(1) — 9 cases
— Mich. Comp. Laws § 750.110(4)(a) — 1 case
— Mich. Comp. Laws § 750.110(a) — 1 case
— Mich. Comp. Laws § 750.110(a)(2) — 10 cases
— Mich. Comp. Laws § 750.110(a)(3) — 1 case
— Mich. Comp. Laws § 750.110(a)(4) — 1 case
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