THE MICHIGAN PENAL CODE
Act 328 of 1931
750.211a Device designed to explode upon impact, upon application of heat, or device highly incendiary; possession with intent to use unlawfully; violation; penalties; "Molotov cocktail" defined.
Sec. 211a.
(1) A person shall not do either of the following:
(a) Except as provided in subdivision (b), manufacture, buy, sell, furnish, or possess a Molotov cocktail or any similar device.
(b) Manufacture, buy, sell, furnish, or possess any device that is designed to explode or that will explode upon impact or with the application of heat or a flame or that is highly incendiary, 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) For a violation of subsection (1)(a), the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.
(b) For a violation of subsection (1)(b) and except as provided in subdivisions (c) to (f), 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.
(c) 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.
(d) 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.
(e) 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 any term of years or a fine of not more than $25,000.00, or both.
(f) 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.
(3) As used in this section, "Molotov cocktail" means an improvised incendiary device that is constructed from a bottle or other container filled with a flammable or combustible material or substance and that has a wick, fuse, or other device designed or intended to ignite the contents of the device when it is thrown or placed near a target.
History: Add. 1966, Act 69, Eff. Mar. 10, 1967 ;-- Am. 1968, Act 280, Eff. July 1, 1968 ;-- Am. 1998, Act 206, Eff. Oct. 1, 1998 ;-- Am. 2003, Act 257, Eff. Jan. 1, 2004 ;-- Am. 2004, Act 523, Eff. Apr. 1, 2005 ;-- Am. 2014, Act 23, Imd. Eff. Mar. 4, 2014
Notes of Decisions
Cited in
16
cases (
6 in the last 5 years), 1978–2025 · leading case:
People v. Hendrick, 697 N.W.2d 511 (Mich. 2005).
People v. Hendrick, 697 N.W.2d 511 (Mich. 2005).
“On April 9, 2001, defendant pleaded guilty to a charge of possession of a Molotov cocktail, MCL 750.211a. The trial court again sentenced him to a five-year term of probation, with the first year to be served in jail.”
People v. Elowe, 272 N.W.2d 596 (Mich. Ct. App. 1978).
“MCL 750.211a; MSA 28.408(1) (explosive devices), MCL 750.”
People v. Eichenberg, 310 N.W.2d 800 (Mich. Ct. App. 1981).
“Unlike MCL 750.211a; MSA 28.408(1), that section of the statute did not contain a provision that mere possession of the explosive material was prima facie evidence of the possessor’s intent to use it unlawfully against another.”
People v. Stanton, 476 N.W.2d 477 (Mich. Ct. App. 1991).
“403, and possession of an explosive device with intent to use it unlawfully against the person or property of another, MCL 750.211a; MSA 28.408(1). Defendant subsequently pleaded guilty of being a fourth-felony habitual offender, MCL 769.”
People v. Hendrick, 683 N.W.2d 218 (Mich. Ct. App. 2004).
“110a(2), and ten to twenty years’ imprisonment for his conviction of possession of a *675 Molotov cocktail, MCL 750.211a. The Supreme Court ordered this Court to review the following issues on appeal: (1) whether the legislative sentencing guidelines apply to sentences imposed…”
People v. Dorris, 291 N.W.2d 196 (Mich. Ct. App. 1980).
· cites it 3× “1 Other than the term "Molotov cocktails”, the information is very similar to the statutory language.”
People v. Hendrick, 683 N.W.2d 218 (Mich. Ct. App. 2004).
“After defendant violated his probation, the trial court sentenced him to one to five years' imprisonment for his conviction of attempted first-degree home invasion, MCL 750.”
People of Michigan v. Timothy Rodrick Robinson (Mich. Ct. App. 2017).
“83, the manufacture/possession of a Molotov cocktail/explosive or incendiary device causing property damage, MCL 750.211a, felon in possession of a firearm, MCL 750.”
People of Michigan v. Timothy Rodrick Robinson (Mich. Ct. App. 2017).
“83, the manufacture/possession of a Molotov cocktail/explosive or incendiary device causing property damage, MCL 750.211a, felon in possession of a firearm, MCL 750.”
People of Michigan v. Kemo Knicombi Parks (Mich. 2022).
“234(6) (listing various offenses subject to mandatory LWOP); MCL 750.316 (first-degree murder); MCL 750.520b (first-degree criminal sexual conduct); MCL 750.”
People of Michigan v. Kemo Knicombi Parks (Mich. 2022).
“234(6) (listing various offenses subject to mandatory LWOP); MCL 750.316 (first-degree murder); MCL 750.520b (first-degree criminal sexual conduct); MCL 750.”
— Mich. Comp. Laws § 750.211a(1)(a) — 1 case
— Mich. Comp. Laws § 750.211a(2)(f) — 2 cases
— Mich. Comp. Laws § 750.211a(f) — 3 cases
People of Michigan v. Kemo Knicombi Parks (Mich. 2022).
“234(6) (listing various offenses subject to mandatory LWOP); MCL 750.316 (first-degree murder); MCL 750.520b (first-degree criminal sexual conduct); MCL 750.”
People of Michigan v. Kemo Knicombi Parks (Mich. 2022).
“234(6) (listing various offenses subject to mandatory LWOP); MCL 750.316 (first-degree murder); MCL 750.520b (first-degree criminal sexual conduct); MCL 750.”
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