THE MICHIGAN PENAL CODE
Act 328 of 1931
750.210 Substance that when combined will become explosive or combustible; possession with intent to use unlawfully; violation; penalties.
Sec. 210.
(1) A person shall not carry or possess an explosive or combustible substance or a substance or compound that when combined with another substance or compound will become explosive or combustible or an article containing an explosive or combustible substance or a substance or compound that when combined with another substance or compound will become explosive or combustible, 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 subsection (1) is guilty of a crime as follows:
(a) Except as 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, 750.210 ;-- 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 6 of Act 119 of 1927, being CL 1929, § 17109.
Notes of Decisions
Cited in
9
cases (
2 in the last 5 years), 1980–2025 · leading case:
People v. Hill, 667 N.W.2d 78 (Mich. Ct. App. 2003).
People v. Hill, 667 N.W.2d 78 (Mich. Ct. App. 2003).
· cites it 6× “Defendant argues that gasoline is properly categorized solely as “an explosive or combustible substance,” which language is contained in MCL 750.210 — another statute under which defendant was convicted.”
People v. Clark, 619 N.W.2d 538 (Mich. 2000).
· cites it 3× “1 The fifteen counts were: (1) possession of a bomb, with unlawful intent, MCL 750.210; MSA 28.407; (2) possession of a bomb, with unlawful intent; (3) felony-firearm, MCL 750.”
People v. Dorris, 291 N.W.2d 196 (Mich. Ct. App. 1980).
“We conclude that the doctrine of ejusdem generis has no application to the case at bar.”
People of Michigan v. Kizzy Nickerson (Mich. Ct. App. 2019).
“The trial court sentenced defendant as a fourth habitual offender, MCL 769.12, to 10 to 20 years’ imprisonment for each count, to be served concurrently.”
People of Michigan v. Kizzy Nickerson (Mich. Ct. App. 2019).
“The trial court sentenced defendant as a fourth habitual offender, MCL 769.12, to 10 to 20 years’ imprisonment for each count, to be served concurrently.”
People of Michigan v. Derek James Smith (Mich. 2020).
“In People v Clark, 463 Mich 459, 460-461 ; 619 NW2d 538 (2000), the defendant was charged with 15 weapon-related offenses, including two counts of felony-firearm and two counts of possession of a bomb with unlawful intent, MCL 750.210. The information alleged that each…”
People of Michigan v. Rajahaan Faruq Clark (Mich. 2000).
· cites it 2× “3 The information and amended 1 The fifteen counts were: (1) possession of a bomb, with unlawful intent, MCL 750.210; MSA 28.407; (2) possession of a bomb, with unlawful intent; (3) felony-firearm, MCL 750.”
— Mich. Comp. Laws § 750.210(1) — 1 case
People v. Hill, 667 N.W.2d 78 (Mich. Ct. App. 2003).
“Defendant argues that gasoline is properly categorized solely as “an explosive or combustible substance,” which language is contained in MCL 750.210 — another statute under which defendant was convicted.”
— Mich. Comp. Laws § 750.210(2)(a) — 3 cases
People v. Hill, 667 N.W.2d 78 (Mich. Ct. App. 2003).
“Defendant argues that gasoline is properly categorized solely as “an explosive or combustible substance,” which language is contained in MCL 750.210 — another statute under which defendant was convicted.”
People of Michigan v. Kizzy Nickerson (Mich. Ct. App. 2019).
“The trial court sentenced defendant as a fourth habitual offender, MCL 769.12, to 10 to 20 years’ imprisonment for each count, to be served concurrently.”
People of Michigan v. Kizzy Nickerson (Mich. Ct. App. 2019).
“The trial court sentenced defendant as a fourth habitual offender, MCL 769.12, to 10 to 20 years’ imprisonment for each count, to be served concurrently.”
— Mich. Comp. Laws § 750.210(e) — 2 cases
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