THE MICHIGAN PENAL CODE
Act 328 of 1931
750.207 Explosive substance; placing with intent to frighten, injure, or kill person or damage or destroy property; violation; penalties.
Sec. 207.
(1) A person shall not place an explosive substance in or near any real or personal property with the intent to frighten, terrorize, intimidate, threaten, harass, injure, or kill any person, or with the intent to damage or destroy any real or personal property without the permission of the property owner or, if the property is public property, without the permission of the governmental agency having authority over that property.
(2) A person who violates this section is guilty of a crime as follows:
(a) Except as otherwise provided in subdivisions (b) to (e), the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.
(b) If the violation damages the property of another person, the person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $15,000.00, or both.
(c) If the violation causes physical injury to another individual, other than serious impairment of a body function, the person is guilty of a felony punishable by imprisonment for not more than 25 years or a fine of not more than $20,000.00, or both.
(d) If the violation causes serious impairment of a body function to another individual, the person is guilty of a felony punishable by imprisonment for life or for any term of years or a fine of not more than $25,000.00, or both.
(e) Except as provided in sections 25 and 25a of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.25 and 769.25a, if the violation causes the death of another individual, the person is guilty of a felony and shall be imprisoned for life without eligibility for parole and may be fined not more than $40,000.00, or both.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.207 ;-- Am. 1998, Act 208, Eff. Oct. 1, 1998 ;-- Am. 2003, Act 257, Eff. Jan. 1, 2004 ;-- Am. 2014, Act 23, Imd. Eff. Mar. 4, 2014
FormerLaw Notes:
See section 3 of Act 119 of 1927, being CL 1929, § 17106.
Notes of Decisions
Cited in
18
cases (
2 in the last 5 years), 1969–2024 · leading case:
People v. Robinson, 194 N.W.2d 436 (Mich. Ct. App. 1971).
People v. Robinson, 194 N.W.2d 436 (Mich. Ct. App. 1971).
· cites it 26× “272); and (3) placing explosives with intent to destroy property with resulting personal injury, contrary to MCLA § 750.207 (Stat Ann 1962 Rev § 28.404).”
People v. O'donnell, 339 N.W.2d 540 (Mich. Ct. App. 1983).
· cites it 6× “Defendant was convicted by a jury of placing explosives with intent to destroy causing injury to a person, MCL 750.207; MSA 28.404, and assault with intent to murder, MCL 750.”
People v. Kelley, 188 N.W.2d 654 (Mich. Ct. App. 1971).
· cites it 6× “Count 3 of the information charged a violation of MCLA § 750.207 (Stat Ann 1962 Rev § 28.404), a section of the criminal code dealing with the unlawful use of explosives.”
People v. Fernandez, 398 N.W.2d 311 (Mich. 1986).
· cites it 2× “548 requires a mandatory life sentence for those convicted of homicides occurring during specified felonies, as well as for wilful and premeditated murder.”
People v. Launsburry, 551 N.W.2d 460 (Mich. Ct. App. 1996).
“812, and placing explosives with intent to destroy and causing injury to a person, MCL 750.207; MSA 28.404. A sample of the other states that permit sentences of life imprisonment without the possibility of parole for minors includes Washington, Massachusetts, Pennsylvania,…”
People v. Edgett, 560 N.W.2d 360 (Mich. Ct. App. 1997).
“812, placing explosives with intent to destroy which causes injury to a person, MCL 750.207; MSA 28.404, and certain repeat drug offenses.”
Manuel v. Dep't of Corr., 364 N.W.2d 334 (Mich. Ct. App. 1985).
“Moreover, this would also mean that the filing of an habitual offender information in a case of first-degree murder or intentional use of explosives causing injury to any person, MCL 750.207; MSA 28.404, for example, would circumvent the Governor’s exclusive power of pardon,…”
People v. Stanton, 476 N.W.2d 477 (Mich. Ct. App. 1991).
“The defendant was convicted of placing explosives with intent to destroy property, resulting in personal injury, MCL 750.207; MSA 28.404. 1 Reasoning that gasoline, although capable of exploding, was not commonly used or intended as an explosive, and that the use of incendiary…”
People v. Rodgers, 170 N.W.2d 493 (Mich. Ct. App. 1969).
“4 CL 1948, § 750.207 (Stat Ann 1962 Eev § 28.404).”
People of Michigan v. Lakeisha Nicole Gunn (Mich. Ct. App. 2017).
· cites it 3× “At sentencing however, defendant’s conviction for Count II was inaccurately listed on the sentencing information report as placing explosives on or near property, contrary to MCL 750.207(2)(b), and the parties and the trial court proceeded as if defendant had been convicted of…”
People of Michigan v. Lakeisha Nicole Gunn (Mich. Ct. App. 2017).
· cites it 3× “At sentencing however, defendant’s conviction for Count II was inaccurately listed on the sentencing information report as placing explosives on or near property, contrary to MCL 750.207(2)(b), and the parties and the trial court proceeded as if defendant had been convicted of…”
People of Michigan v. Lakeisha Nicole Gunn (Mich. Ct. App. 2017).
· cites it 2× “When Gunn was first sentenced in 2013, the probation department calculated her sentencing guidelines only for the higher crime class offense, placing explosives on or near property, MCL 750.207(2)(b), and not for second-degree arson, MCL 750.”
— Mich. Comp. Laws § 750.207(1) — 1 case
— Mich. Comp. Laws § 750.207(2)(b) — 7 cases
People of Michigan v. Lakeisha Nicole Gunn (Mich. Ct. App. 2017).
“At sentencing however, defendant’s conviction for Count II was inaccurately listed on the sentencing information report as placing explosives on or near property, contrary to MCL 750.207(2)(b), and the parties and the trial court proceeded as if defendant had been convicted of…”
People of Michigan v. Lakeisha Nicole Gunn (Mich. Ct. App. 2017).
“At sentencing however, defendant’s conviction for Count II was inaccurately listed on the sentencing information report as placing explosives on or near property, contrary to MCL 750.207(2)(b), and the parties and the trial court proceeded as if defendant had been convicted of…”
People of Michigan v. Lakeisha Nicole Gunn (Mich. Ct. App. 2017).
“When Gunn was first sentenced in 2013, the probation department calculated her sentencing guidelines only for the higher crime class offense, placing explosives on or near property, MCL 750.207(2)(b), and not for second-degree arson, MCL 750.”
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