Mich. Comp. Laws » Michigan Compiled Laws / Chapter 750 / Act 328 of 1931

Mich. Comp. Laws § 750.110a

Definitions; home invasion; first degree; second degree; third degree; penalties.

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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.110a Definitions; home invasion; first degree; second degree; third degree; penalties.

Sec. 110a.

    (1) As used in this section:

    (a) "Dwelling" means a structure or shelter that is used permanently or temporarily as a place of abode, including an appurtenant structure attached to that structure or shelter.

    (b) "Dangerous weapon" means 1 or more of the following:

    (i) A loaded or unloaded firearm, whether operable or inoperable.

    (ii) A knife, stabbing instrument, brass knuckles, blackjack, club, or other object specifically designed or customarily carried or possessed for use as a weapon.

    (iii) An object that is likely to cause death or bodily injury when used as a weapon and that is used as a weapon or carried or possessed for use as a weapon.

    (iv) An object or device that is used or fashioned in a manner to lead a person to believe the object or device is an object or device described in subparagraphs (i) to (iii).

    (c) "Without permission" means without having obtained permission to enter from the owner or lessee of the dwelling or from any other person lawfully in possession or control of the dwelling.

    (2) A person who breaks and enters a dwelling with intent to commit a felony, larceny, or assault in the dwelling, a person who enters a dwelling without permission with intent to commit a felony, larceny, or assault in the dwelling, or a person who breaks and enters a dwelling or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, commits a felony, larceny, or assault is guilty of home invasion in the first degree if at any time while the person is entering, present in, or exiting the dwelling either of the following circumstances exists:

    (a) The person is armed with a dangerous weapon.

    (b) Another person is lawfully present in the dwelling.

    (3) A person who breaks and enters a dwelling with intent to commit a felony, larceny, or assault in the dwelling, a person who enters a dwelling without permission with intent to commit a felony, larceny, or assault in the dwelling, or a person who breaks and enters a dwelling or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, commits a felony, larceny, or assault is guilty of home invasion in the second degree.

    (4) A person is guilty of home invasion in the third degree if the person does either of the following:

    (a) Breaks and enters a dwelling with intent to commit a misdemeanor in the dwelling, enters a dwelling without permission with intent to commit a misdemeanor in the dwelling, or breaks and enters a dwelling or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, commits a misdemeanor.

    (b) Breaks and enters a dwelling or enters a dwelling without permission and, at any time while the person is entering, present in, or exiting the dwelling, violates any of the following ordered to protect a named person or persons:

    (i) A probation term or condition.

    (ii) A parole term or condition.

    (iii) A personal protection order term or condition.

    (iv) A bond or bail condition or any condition of pretrial release.

    (5) Home invasion in the first degree is a felony punishable by imprisonment for not more than 20 years or a fine of not more than $5,000.00, or both.

    (6) Home invasion in the second degree is a felony punishable by imprisonment for not more than 15 years or a fine of not more than $3,000.00, or both.

    (7) Home invasion in the third degree is a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,000.00, or both.

    (8) The court may order a term of imprisonment imposed for home invasion in the first degree to be served consecutively to any term of imprisonment imposed for any other criminal offense arising from the same transaction.

    (9) Imposition of a penalty under this section does not bar imposition of a penalty under any other applicable law.

History: Add. 1994, Act 270, Eff. Oct. 1, 1994 ;-- Am. 1999, Act 44, Eff. Oct. 1, 1999

Notes of Decisions
Cited in 723 cases (185 in the last 5 years), 1995–2026 · leading case: People v. Wilder
Sort: Relevance Newest Treatment
People v. Wilder (2010) mich · cites it 46× “110a(4)(a) is a necessarily included lesser offense of first-degree home invasion because all the elements required to convict defendant of third-degree home invasion under that subdivision are subsumed within the elements that would have been necessary to convict defendant of…”
People v. Bush (2016) michctapp · cites it 25× “110a, provides, in pertinent part, the following: (2) A person who breaks and enters a dwelling with intent to commit a felony, larceny, or assault in the dwelling, a person who enters a dwelling without permission with intent to commit a felony, larceny, or assault in the…”
People v. Peals (2006) mich · cites it 24× “Therefore, the inclusion of inoperable firearms in MCL 750.110a is wholly consistent with Hill's interpretation of MCL 750.”
People v. Jackson (On Reconsideration) (2015) michctapp · cites it 10× “This Court had earlier concluded, in People v Sands, 261 Mich App 158, 163 ; 680 NW2d 500 (2004), that the language of MCL 750.110a(2) permits a misdemeanor larceny or misdemeanor assault to serve as the predicate offense for first-degree home invasion, rather than requiring…”
People v. Sands (2004) michctapp · cites it 14× “In these consolidated appeals, both defendants appeal as of right their bench trial convictions of first-degree home invasion, MCL 750.110a, and their underlying assault convictions.”
People v. Nutt (2004) mich · cites it 8× “120(A), should be amended to impose mandatory joinder of all the charges against a defendant arising out of the same transaction and to provide this Court with its recommendation within sixty days.”
People v. Crews (2013) michctapp · cites it 15× “MCL 750.110a. “Dwelling” is defined as “a structure or shelter that is used permanently or temporarily as a place of abode, including an appurtenant structure attached to that structure or shelter.”
People v. Brown (2012) mich · cites it 8× “Rather, defendant had been informed that the maximum penalty for the home-invasion offense was 15 years in prison, but he was ultimately sentenced to a prison term of 6 years and 3 months to 22 years and 6 months in accordance with the habitual- offender enhancement.”
People v. Dixon (2004) michctapp · cites it 4× “§ 750.110a(2) and was sentenced for ten to twenty years imprisonment for this crime.”
PEOPLE v. McCHESTER (2015) michctapp · cites it 4× “Similarly, first-degree home invasion, MCL 750.110a(2), (5), merits a longer minimum sentence than burglary, MCL 750.”
People v. Meissner (2011) michctapp · cites it 3× “EVIDENCE ON HOME INVASION AND DOMESTIC VIOLENCE CHARGES Both the home invasion charge and the domestic violence charge required the prosecution to prove that defendant assaulted Worthington.”
People v. Powell (2008) michctapp · cites it 4× “Defendant was convicted by a jury of second-degree home invasion, MCL 750.110a(3). He was sentenced as an habitual offender, fourth offense, MCL 769.”
Show all 723 citing cases →
— Mich. Comp. Laws § 750.110a(1)(a) — 23 cases
People v. Bush (2016) michctapp “110a, provides, in pertinent part, the following: (2) A person who breaks and enters a dwelling with intent to commit a felony, larceny, or assault in the dwelling, a person who enters a dwelling without permission with intent to commit a felony, larceny, or assault in the…”
People v. Crews (2013) michctapp “MCL 750.110a. “Dwelling” is defined as “a structure or shelter that is used permanently or temporarily as a place of abode, including an appurtenant structure attached to that structure or shelter.”
People of Michigan v. Michael Ray Messer (2017) michctapp
People of Michigan v. Michael Ray Messer (2017) michctapp
People of Michigan v. Jason Lee Alexander (2016) michctapp
— Mich. Comp. Laws § 750.110a(1)(b) — 3 cases
People v. Peals (2006) mich “Therefore, the inclusion of inoperable firearms in MCL 750.110a is wholly consistent with Hill's interpretation of MCL 750.”
People of Michigan v. Mario Jermaine Clarke (2017) michctapp
People of Michigan v. Mario Jermaine Clarke (2017) michctapp
— Mich. Comp. Laws § 750.110a(1)(b)(i) — 1 case
People of Michigan v. Justin Paul Young (2014) michctapp
— Mich. Comp. Laws § 750.110a(1)(c) — 22 cases
People of Michigan v. Ralph Bowling III (2020) michctapp
P People of Michigan v. Dominique Rashard Rountree (2023) michctapp
20241213_C370494_83_370494.Opn.Pdf (2024) michctapp
People of Michigan v. Aloel James Deit Chol Deng (2016) michctapp
People of Michigan v. Martwan Deaire Johnson (2017) michctapp
— Mich. Comp. Laws § 750.110a(2) — 522 cases
People v. Wilder (2010) mich “110a(4)(a) is a necessarily included lesser offense of first-degree home invasion because all the elements required to convict defendant of third-degree home invasion under that subdivision are subsumed within the elements that would have been necessary to convict defendant of…”
People v. Bush (2016) michctapp “110a, provides, in pertinent part, the following: (2) A person who breaks and enters a dwelling with intent to commit a felony, larceny, or assault in the dwelling, a person who enters a dwelling without permission with intent to commit a felony, larceny, or assault in the…”
People v. Dixon (2004) michctapp “§ 750.110a(2) and was sentenced for ten to twenty years imprisonment for this crime.”
People v. Fackelman (2011) mich
People v. Carpenter (2001) mich
— Mich. Comp. Laws § 750.110a(2)(a) — 15 cases
People v. Sands (2004) michctapp “In these consolidated appeals, both defendants appeal as of right their bench trial convictions of first-degree home invasion, MCL 750.110a, and their underlying assault convictions.”
People v. Jackson (On Reconsideration) (2015) michctapp “This Court had earlier concluded, in People v Sands, 261 Mich App 158, 163 ; 680 NW2d 500 (2004), that the language of MCL 750.110a(2) permits a misdemeanor larceny or misdemeanor assault to serve as the predicate offense for first-degree home invasion, rather than requiring…”
People v. Shipley (2003) michctapp
People of Michigan v. Brandon Laurence Miller (2017) michctapp
People of Michigan v. Brandon Laurence Miller (2017) michctapp
— Mich. Comp. Laws § 750.110a(2)(b) — 13 cases
People v. Ish (2002) michctapp
In re Parole of Haeger (2011) michctapp
People of Michigan v. Darius Rush (2016) michctapp
People of Michigan v. Ali Mohamed Elatrache (2016) michctapp
People of Michigan v. Darius Rush (2018) michctapp
— Mich. Comp. Laws § 750.110a(3) — 143 cases
People v. Nutt (2004) mich “120(A), should be amended to impose mandatory joinder of all the charges against a defendant arising out of the same transaction and to provide this Court with its recommendation within sixty days.”
People v. Jackson (On Reconsideration) (2015) michctapp “This Court had earlier concluded, in People v Sands, 261 Mich App 158, 163 ; 680 NW2d 500 (2004), that the language of MCL 750.110a(2) permits a misdemeanor larceny or misdemeanor assault to serve as the predicate offense for first-degree home invasion, rather than requiring…”
People v. Crews (2013) michctapp “MCL 750.110a. “Dwelling” is defined as “a structure or shelter that is used permanently or temporarily as a place of abode, including an appurtenant structure attached to that structure or shelter.”
People v. Brown (2012) mich “Rather, defendant had been informed that the maximum penalty for the home-invasion offense was 15 years in prison, but he was ultimately sentenced to a prison term of 6 years and 3 months to 22 years and 6 months in accordance with the habitual- offender enhancement.”
People of Michigan v. Christopher Allan Oros (2018) mich
— Mich. Comp. Laws § 750.110a(4) — 48 cases
People v. Wilder (2010) mich “110a(4)(a) is a necessarily included lesser offense of first-degree home invasion because all the elements required to convict defendant of third-degree home invasion under that subdivision are subsumed within the elements that would have been necessary to convict defendant of…”
People v. Nyx (2007) mich
People v. Jackson (On Reconsideration) (2015) michctapp “This Court had earlier concluded, in People v Sands, 261 Mich App 158, 163 ; 680 NW2d 500 (2004), that the language of MCL 750.110a(2) permits a misdemeanor larceny or misdemeanor assault to serve as the predicate offense for first-degree home invasion, rather than requiring…”
People v. Crews (2013) michctapp “MCL 750.110a. “Dwelling” is defined as “a structure or shelter that is used permanently or temporarily as a place of abode, including an appurtenant structure attached to that structure or shelter.”
People v. Sands (2004) michctapp “In these consolidated appeals, both defendants appeal as of right their bench trial convictions of first-degree home invasion, MCL 750.110a, and their underlying assault convictions.”
— Mich. Comp. Laws § 750.110a(4)(a) — 8 cases
People v. Wilder (2010) mich “110a(4)(a) is a necessarily included lesser offense of first-degree home invasion because all the elements required to convict defendant of third-degree home invasion under that subdivision are subsumed within the elements that would have been necessary to convict defendant of…”
People v. Jackson (On Reconsideration) (2015) michctapp “This Court had earlier concluded, in People v Sands, 261 Mich App 158, 163 ; 680 NW2d 500 (2004), that the language of MCL 750.110a(2) permits a misdemeanor larceny or misdemeanor assault to serve as the predicate offense for first-degree home invasion, rather than requiring…”
People v. Sands (2004) michctapp “In these consolidated appeals, both defendants appeal as of right their bench trial convictions of first-degree home invasion, MCL 750.110a, and their underlying assault convictions.”
People of Michigan v. Micheline Nicole Leffew (2020) michctapp
People of Michigan v. Nathaniel Gabriel Brock (2023) michctapp
— Mich. Comp. Laws § 750.110a(4)(b) — 3 cases
People v. Wilder (2010) mich “110a(4)(a) is a necessarily included lesser offense of first-degree home invasion because all the elements required to convict defendant of third-degree home invasion under that subdivision are subsumed within the elements that would have been necessary to convict defendant of…”
People of Michigan v. Ulysses Lamarelliot Graves (2020) michctapp
People of Michigan v. Kaine Daniel Hardenburgh (2025) michctapp
— Mich. Comp. Laws § 750.110a(4)(b)(i) — 1 case
People v. Kern (2010) michctapp
— Mich. Comp. Laws § 750.110a(5) — 13 cases
People v. Shipley (2003) michctapp
People of Michigan v. Elias Ortiz (2016) michctapp
People of Michigan v. Steven Smith (2017) michctapp
People of Michigan v. Kennie Carnail Whitby (2017) michctapp
People of Michigan v. Kennie Carnail Whitby (2017) michctapp
— Mich. Comp. Laws § 750.110a(6) — 7 cases
People v. Brown (2012) mich “Rather, defendant had been informed that the maximum penalty for the home-invasion offense was 15 years in prison, but he was ultimately sentenced to a prison term of 6 years and 3 months to 22 years and 6 months in accordance with the habitual- offender enhancement.”
People v. Hill (1997) michctapp
People v. Morris (1995) mich
Schroeder v. Renico (2001) mied
People v. St John (1998) michctapp
— Mich. Comp. Laws § 750.110a(8) — 42 cases
People v. Ryan (2012) michctapp
People of Michigan v. Zicary Lamar Carpenter (2021) michctapp
People of Michigan v. Thomas Richard Pettersch (2023) michctapp
People of Michigan v. Robert Douglas Blanchard (2018) michctapp
People of Michigan v. Robert Douglas Blanchard (2018) michctapp
— Mich. Comp. Laws § 750.110a(9) — 7 cases
People v. Conley (2006) michctapp
People v. Shipley (2003) michctapp
People of Michigan v. Rodney Duane Person (2018) michctapp
People of Michigan v. Rodney Duane Person (2018) michctapp
People of Michigan v. Jordan David Sparks (2019) michctapp
— Mich. Comp. Laws § 750.110a(a) — 1 case
People of Michigan v. Lynn Allen Scott (2015) michctapp
— Mich. Comp. Laws § 750.110a(l)(a) — 2 cases
People v. Bush (2016) michctapp “110a, provides, in pertinent part, the following: (2) A person who breaks and enters a dwelling with intent to commit a felony, larceny, or assault in the dwelling, a person who enters a dwelling without permission with intent to commit a felony, larceny, or assault in the…”
People v. Powell (2008) michctapp “Defendant was convicted by a jury of second-degree home invasion, MCL 750.110a(3). He was sentenced as an habitual offender, fourth offense, MCL 769.”
— Mich. Comp. Laws § 750.110a(l)(b) — 1 case
People v. Peals (2006) mich “Therefore, the inclusion of inoperable firearms in MCL 750.110a is wholly consistent with Hill's interpretation of MCL 750.”
— Mich. Comp. Laws § 750.110a(l)(b)(i) — 2 cases
People v. Peals (2006) mich “Therefore, the inclusion of inoperable firearms in MCL 750.110a is wholly consistent with Hill's interpretation of MCL 750.”
People v. Shipley (2003) michctapp
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