THE MICHIGAN PENAL CODE
Act 328 of 1931
750.234b Intentionally discharging firearm at dwelling or potentially occupied structure as felony; penalty; exceptions; other violation; consecutive terms; definitions.
Sec. 234b.
(1) Except as otherwise provided in this section, an individual who intentionally discharges a firearm at a facility that he or she knows or has reason to believe is a dwelling or a potentially occupied structure, whether or not the dwelling or structure is actually occupied at the time the firearm is discharged, is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both.
(2) An individual who intentionally discharges a firearm in a facility that he or she knows or has reason to believe is a dwelling or a potentially occupied structure, in reckless disregard for the safety of any individual and whether or not the dwelling or structure is actually occupied at the time the firearm is discharged, is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both.
(3) If an individual violates subsection (1) or (2) and causes any physical injury to another individual, the individual is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $15,000.00, or both.
(4) If an individual violates subsection (1) or (2) and causes the serious impairment of a body function of another individual, the individual is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $25,000.00, or both.
(5) If an individual violates subsection (1) or (2) and causes the death of another individual, the individual is guilty of a felony punishable by imprisonment for life or any term of years.
(6) Subsections (1) and (2) do not apply to a peace officer of this state or another state, or of a local unit of government of this state or another state, or of the United States, performing his or her duties as a peace officer.
(7) Subsections (1) and (2) do not apply to an individual who discharges a firearm in self-defense or the defense of another individual.
(8) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.
(9) A term of imprisonment imposed for a violation of this section may run consecutively to any term of imprisonment imposed for another violation arising from the same transaction.
(10) As used in this section:
(a) "Dwelling" means a facility habitually used by 1 or more individuals as a place of abode, whether or not an individual is present in the facility.
(b) "Peace officer" means that term as defined in section 215.
(c) "Potentially occupied structure" means a structure that a reasonable person knows or should know is likely to be occupied by 1 or more individuals due to its nature, function, or location.
(d) "Serious impairment of a body function" means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.
History: Add. 1990, Act 321, Eff. Mar. 28, 1991 ;-- Am. 1992, Act 218, Imd. Eff. Oct. 13, 1992 ;-- Am. 2005, Act 303, Imd. Eff. Dec. 21, 2005 ;-- Am. 2014, Act 191, Eff. Sept. 22, 2014
Notes of Decisions
Cited in
132
cases (
51 in the last 5 years), 1993–2026 · leading case:
People v. Henry, 607 N.W.2d 767 (Mich. Ct. App. 2000).
People v. Henry, 607 N.W.2d 767 (Mich. Ct. App. 2000).
· cites it 5× “After a jury trial, defendant was convicted of discharge of a firearm in an occupied structure, MCL 750.234b(2); MSA 28.431(2)(2), and possession of a firearm during the commission of a felony, MCL 750.”
People v. Randolph, 917 N.W.2d 249 (Mich. 2017).
“317, discharging a firearm into a building, MCL 750.234b, being a felon in possession of a firearm, MCL 750.”
People v. Maynor, 662 N.W.2d 468 (Mich. Ct. App. 2003).
· cites it 2× “[43] MCL 750.234b(2). [44] Henry, supra at 143 , 607 N.”
People v. Guiles, 500 N.W.2d 757 (Mich. Ct. App. 1993).
· cites it 4× “He was charged with intentional discharge of a firearm at a dwelling or occupied structure, MCL 750.234b; MSA 28.431(2), malicious destruction of property over $100, MCL 750.”
People v. Wilson, 585 N.W.2d 24 (Mich. Ct. App. 1998).
· cites it 2× “Following a jury trial, defendant was convicted of discharging a firearm at a dwelling, MCL 750.234b; MSA 28.431(2), possession of a firearm during the commission of a felony, MCL 750.”
People of Michigan v. Laricca Seminta Mathews, 922 N.W.2d 371 (Mich. Ct. App. 2018).
“316, discharge of a firearm in a building, MCL 750.234b, and two counts of possession of a firearm during the commission of a felony, MCL 750.”
People of Michigan v. Shaneka Monique Torres (Mich. Ct. App. 2017).
· cites it 4× “The trial court sentenced defendant to concurrent terms of one to five years’ imprisonment for the carrying a concealed weapon and intentional discharge of a firearm convictions and to a term of two years’ imprisonment for the felony-firearm conviction, which is consecutive to…”
People of Michigan v. Quandraiko Hayes (Mich. Ct. App. 2019).
· cites it 4× “MCL 750.234b provides, in relevant part: (2) An individual who intentionally discharges a firearm in a facility that he or she knows or has reason to believe is a dwelling or a potentially occupied structure, in reckless disregard for the safety of any individual and whether or…”
People of Michigan v. Dashawn Jessie Wallace (Mich. Ct. App. 2018).
· cites it 3× “234b, which provides, in relevant part: (1) Except as otherwise provided in this section, an individual who intentionally discharges a firearm at a facility that he or she knows or has reason to believe is a dwelling or a potentially occupied structure, whether or not the…”
People of Michigan v. Amaria Palmore (Mich. Ct. App. 2020).
· cites it 3× “82; possession of a firearm during the commission of a felony (felony-firearm), MCL 750.227b; and domestic violence, MCL 750.”
People of Michigan v. Jimmie Card (Mich. Ct. App. 2024).
· cites it 3× “234b(5); discharging a firearm in or at a building causing injury, MCL 750.234b(3); possession of a firearm by a felon, MCL 750.”
— Mich. Comp. Laws § 750.234b(1) — 20 cases
— Mich. Comp. Laws § 750.234b(10)(d) — 1 case
People of Michigan v. Quandraiko Hayes (Mich. Ct. App. 2019).
“MCL 750.234b provides, in relevant part: (2) An individual who intentionally discharges a firearm in a facility that he or she knows or has reason to believe is a dwelling or a potentially occupied structure, in reckless disregard for the safety of any individual and whether or…”
— Mich. Comp. Laws § 750.234b(2) — 11 cases
People v. Henry, 607 N.W.2d 767 (Mich. Ct. App. 2000).
“After a jury trial, defendant was convicted of discharge of a firearm in an occupied structure, MCL 750.234b(2); MSA 28.431(2)(2), and possession of a firearm during the commission of a felony, MCL 750.”
People v. Maynor, 662 N.W.2d 468 (Mich. Ct. App. 2003).
“[43] MCL 750.234b(2). [44] Henry, supra at 143 , 607 N.”
— Mich. Comp. Laws § 750.234b(3) — 24 cases
People of Michigan v. Dashawn Jessie Wallace (Mich. Ct. App. 2018).
“234b, which provides, in relevant part: (1) Except as otherwise provided in this section, an individual who intentionally discharges a firearm at a facility that he or she knows or has reason to believe is a dwelling or a potentially occupied structure, whether or not the…”
People of Michigan v. Jimmie Card (Mich. Ct. App. 2024).
“234b(5); discharging a firearm in or at a building causing injury, MCL 750.234b(3); possession of a firearm by a felon, MCL 750.”
— Mich. Comp. Laws § 750.234b(4) — 14 cases
People of Michigan v. Quandraiko Hayes (Mich. Ct. App. 2019).
“MCL 750.234b provides, in relevant part: (2) An individual who intentionally discharges a firearm in a facility that he or she knows or has reason to believe is a dwelling or a potentially occupied structure, in reckless disregard for the safety of any individual and whether or…”
— Mich. Comp. Laws § 750.234b(5) — 12 cases
— Mich. Comp. Laws § 750.234b(8) — 2 cases
People of Michigan v. Amaria Palmore (Mich. Ct. App. 2020).
“82; possession of a firearm during the commission of a felony (felony-firearm), MCL 750.227b; and domestic violence, MCL 750.”
— Mich. Comp. Laws § 750.234b(b) — 1 case
— Mich. Comp. Laws § 750.234b(l) — 1 case
People v. Wilson, 585 N.W.2d 24 (Mich. Ct. App. 1998).
“Following a jury trial, defendant was convicted of discharging a firearm at a dwelling, MCL 750.234b; MSA 28.431(2), possession of a firearm during the commission of a felony, MCL 750.”
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