THE MICHIGAN PENAL CODE
Act 328 of 1931
750.197c Breaking or escaping jail, health care facility, or other place of confinement; violation as felony; penalty; definitions.
Sec. 197c.
(1) A person lawfully imprisoned in a jail, other place of confinement established by law for any term, or lawfully imprisoned for any purpose at any other place, including, but not limited to, hospitals and other health care facilities or awaiting examination, trial, arraignment, sentence, or after sentence awaiting or during transfer to or from a prison, for a crime or offense, or charged with a crime or offense who, without being discharged from the place of confinement, or other lawful imprisonment by due process of law, through the use of violence, threats of violence or dangerous weapons, assaults an employee of the place of confinement or other custodian knowing the person to be an employee or custodian or breaks the place of confinement and escapes, or breaks the place of confinement although an escape is not actually made, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500.00, or both.
(2) As used in this section:
(a) "Place of confinement" includes a correctional facility operated by the department of corrections, a local unit of government, or a private vendor under section 20i of 1953 PA 232, MCL 791.220i.
(b) "Employee" includes persons who are employed by the place of confinement as independent contractors.
History: Add. 1967, Act 59, Eff. Nov. 2, 1967 ;-- Am. 1976, Act 188, Eff. Jan. 1, 1977 ;-- Am. 1998, Act 510, Imd. Eff. Jan. 8, 1999 ;-- Am. 2006, Act 535, Imd. Eff. Dec. 29, 2006
Notes of Decisions
Cited in
81
cases (
17 in the last 5 years), 1972–2026 · leading case:
People v. Bonilla-Machado, 803 N.W.2d 217 (Mich. 2011).
People v. Bonilla-Machado, 803 N.W.2d 217 (Mich. 2011).
· cites it 8× “Because the trial court, on remand, has already resentenced defendant in accordance with the Court of Appeals’ remand order, this issue is now moot.”
People v. Odom, 740 N.W.2d 557 (Mich. Ct. App. 2007).
· cites it 3× “25 People v Wingo, 95 Mich App 101, 104 ; 290 NW2d 93 (1980); see MCL 750.197c(2)(a) (defining “place of confinement” as “a correctional facility operated by the department of corrections”).”
People v. Kammeraad, 858 N.W.2d 490 (Mich. Ct. App. 2014).
· cites it 3× “People v Williams, 173 Mich App 312, 318 ; 433 NW2d 356 (1988), citing MCL 750.197c. Accordingly, assault of a prison employee contains elements not included in resisting or obstructing, e.”
People v. Terry, 553 N.W.2d 23 (Mich. Ct. App. 1996).
· cites it 4× “Defendant appeals as of right from his conviction following a bench trial of assault of a prison employee, MCL 750.197c; MSA 28.394(3). Defendant was also found guilty of being a second-offense habitual offender pursuant to MCL 769.”
People v. Norwood, 333 N.W.2d 255 (Mich. Ct. App. 1983).
· cites it 4× “Defendant was convicted by a jury of assaulting a jail custodian, MCL 750.197c; MSA 28.394(3), and appeals by leave granted.”
People v. Baskin, 378 N.W.2d 535 (Mich. Ct. App. 1985).
· cites it 3× “Facts Defendant appeals from his jury conviction of two counts of assault on a prison employee, MCL 750.197c; MSA 28.394(3). As a result of these convictions and a subsequent conviction as a habitual offender pursuant to MCL 769.”
People v. Clay, 608 N.W.2d 76 (Mich. Ct. App. 2000).
· cites it 32× “" *79 MCL 750.197c; MSA 28.394(3). Additionally, the statute penalizes assaultive conduct that occurs after a crime is charged, but before discharge from a place of confinement, or assaultive conduct that occurs after sentencing, but before entry into a place of confinement.”
People v. Cousins, 363 N.W.2d 285 (Mich. Ct. App. 1984).
· cites it 6× “Defendant appeals as of right his conviction after a jury trial of escape from jail through violence, MCL 750.197c; MSA 28.394(3); unarmed robbery, MCL 750.”
People v. Richards, 891 N.W.2d 911 (Mich. Ct. App. 2016).
“Following a jury trial, defendant Kyle Brandon Richards was convicted of assault of a prison employee, MCL 750.197c. He was sentenced as a fourth-offense habitual offender, MCL 769.”
People v. Anderson, 269 N.W.2d 288 (Mich. Ct. App. 1978).
· cites it 4× “1 Count II charged defendant with breaking jail "or attempt to break or escape,” MCL 750.197c; MSA 28.394(3). These charges arose out of an incident which *746 occurred at Jackson County Jail.”
People v. Clay, 661 N.W.2d 572 (Mich. 2003).
· cites it 18× “The Court of Appeals reversed the trial court’s denial of defendant’s motion for relief from judgment on the ground that defendant was not “lawfully imprisoned” as contemplated by MCL 750.197c. We reverse. I. BACKGROUND Defendant was stopped by the police for allegedly…”
People v. Williams, 370 N.W.2d 7 (Mich. Ct. App. 1985).
· cites it 4× “On February 23, 1984, defendant, Tyrone Williams, pled guilty to assault on a prison employee, MCL 750.197c; MSA 28.394(3). He was sentenced on March 29, 1984, to serve a term of from 2-1/2 to 4 years in prison to be consecutive to the term he was serving at the time the offense…”
— Mich. Comp. Laws § 750.197c(1) — 13 cases
People v. Bonilla-Machado, 803 N.W.2d 217 (Mich. 2011).
“Because the trial court, on remand, has already resentenced defendant in accordance with the Court of Appeals’ remand order, this issue is now moot.”
— Mich. Comp. Laws § 750.197c(2)(a) — 3 cases
People v. Odom, 740 N.W.2d 557 (Mich. Ct. App. 2007).
“25 People v Wingo, 95 Mich App 101, 104 ; 290 NW2d 93 (1980); see MCL 750.197c(2)(a) (defining “place of confinement” as “a correctional facility operated by the department of corrections”).”
— Mich. Comp. Laws § 750.197c(2)(b) — 1 case
— Mich. Comp. Laws § 750.197c(l) — 2 cases
People v. Odom, 740 N.W.2d 557 (Mich. Ct. App. 2007).
“25 People v Wingo, 95 Mich App 101, 104 ; 290 NW2d 93 (1980); see MCL 750.197c(2)(a) (defining “place of confinement” as “a correctional facility operated by the department of corrections”).”
People v. Kammeraad, 858 N.W.2d 490 (Mich. Ct. App. 2014).
“People v Williams, 173 Mich App 312, 318 ; 433 NW2d 356 (1988), citing MCL 750.197c. Accordingly, assault of a prison employee contains elements not included in resisting or obstructing, e.”
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