THE MICHIGAN PENAL CODE
Act 328 of 1931
750.115 Breaking and entering or entering without breaking; buildings, tents, boats, railroad cars; entering public buildings when expressly denied.
Sec. 115.
(1) An individual who breaks and enters or enters without breaking, any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship, railroad car or structure used or kept for public or private use, or any private apartment therein, or any cottage, clubhouse, boat house, hunting or fishing lodge, garage or the out-buildings belonging thereto, any ice shanty with a value of $100.00 or more, or any other structure, whether occupied or unoccupied, without first obtaining permission to enter from the person having immediate control thereof, is guilty of a misdemeanor.
(2) If an individual violates subsection (1) and the person having immediate control thereof is the individual's spouse or former spouse, an individual with whom the individual has or has had a dating relationship, an individual with whom the individual has or has had a child in common, or a resident or former resident of the individual's household, the individual is guilty of a misdemeanor.
(3) This section does not apply to entering without breaking, any place which at the time of the entry was open to the public, unless the entry was expressly denied. This section does not apply if the breaking and entering or entering without breaking was committed by a peace officer or an individual under the peace officer's direction in the lawful performance of the peace officer's duties as a peace officer.
(4) As used in this section, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1947, Act 74, Eff. Oct. 11, 1947 ;-- CL 1948, 750.115 ;-- Am. 2000, Act 148, Imd. Eff. June 7, 2000 ;-- Am. 2023, Act 199, Eff. Feb. 13, 2024
FormerLaw Notes:
See sections 1 and 2 of Act 181 of 1929, being CL 1929, §§ 16957 and 16958.
Notes of Decisions
Cited in
79
cases (
18 in the last 5 years), 1966–2026 · leading case:
People v. Cornell, 646 N.W.2d 127 (Mich. 2002).
People v. Cornell, 646 N.W.2d 127 (Mich. 2002).
· cites it 8× “MCL 750.115. However, I disagree with the majority's overruling of this Court's longstanding precedent in rendering its decision.”
People v. Heft, 829 N.W.2d 266 (Mich. Ct. App. 2012).
· cites it 3× “V CONCLUSION We conclude that entering without permission is not a lesser included offense of entering without breaking with the intent to commit larceny. We further conclude that Heft has not demonstrated that the police failed to preserve exculpatory evidence or that defense…”
People v. Silver, 646 N.W.2d 150 (Mich. 2002).
· cites it 6× “110a(2), [3] but denied defense counsel's request that the jury be instructed on the lesser included offense of breaking and entering without permission, MCL 750.115(1). [4] The trial court denied the request, indicating that it might cause some confusion to give the requested…”
People v. Perkins, 703 N.W.2d 448 (Mich. 2005).
· cites it 2× “61, MCL 750.115(2), MCL 750.141, MCL 750.144, MCL 750.”
People v. Cameron, 806 N.W.2d 371 (Mich. Ct. App. 2011).
“377b, and illegal entry, MCL 750.115. Cameron was released on bond at the time of the instant offense.”
People v. Henry, 236 N.W.2d 489 (Mich. 1975).
· cites it 2× “(MCLA 750.115; MSA 28.310). The prosecution maintained that the defendant broke and entered a tavern intending to commit larceny therein.”
People v. Hansford, 562 N.W.2d 460 (Mich. 1997).
· cites it 2× “§ 750.115; M.S.A. § 28.310. [2] M.C.L. § 750.”
People v. Stephens, 330 N.W.2d 675 (Mich. 1983).
“” 5 MCL 750.115; MSA 28.310: "Any person who shall break and enter, or shall enter without breaking, any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship, railroad car or structure used or kept for public or…”
People v. Coones, 550 N.W.2d 600 (Mich. Ct. App. 1996).
· cites it 2× “§ 750.115; M.S.A. § 28.310, and entering the premises of another after being forbidden to do so by the occupant, M.”
People v. Jones, 504 N.W.2d 158 (Mich. 1993).
“At the conclusion of a bench trial, Judge William Leo Cahalan found defendant guilty of entry without permission, MCL 750.115; MSA 28.310, a misdemeanor, and of one *91 count of attempted felonious assault.”
People v. Palmer, 202 N.W.2d 536 (Mich. Ct. App. 1972).
· cites it 2× “2 MCLA 750.115; MSA 28.310. 3 In addition to the testimony of the police officers, one of the residents of the house was attracted by a noise and saw a pair of hands wielding "a little sharp object” in an attempt to force open the door.”
— Mich. Comp. Laws § 750.115(1) — 16 cases
People v. Silver, 646 N.W.2d 150 (Mich. 2002).
“110a(2), [3] but denied defense counsel's request that the jury be instructed on the lesser included offense of breaking and entering without permission, MCL 750.115(1). [4] The trial court denied the request, indicating that it might cause some confusion to give the requested…”
People v. Heft, 829 N.W.2d 266 (Mich. Ct. App. 2012).
“V CONCLUSION We conclude that entering without permission is not a lesser included offense of entering without breaking with the intent to commit larceny. We further conclude that Heft has not demonstrated that the police failed to preserve exculpatory evidence or that defense…”
People v. Cornell, 646 N.W.2d 127 (Mich. 2002).
“MCL 750.115. However, I disagree with the majority's overruling of this Court's longstanding precedent in rendering its decision.”
— Mich. Comp. Laws § 750.115(2) — 3 cases
People v. Perkins, 703 N.W.2d 448 (Mich. 2005).
“61, MCL 750.115(2), MCL 750.141, MCL 750.144, MCL 750.”
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