Michigan Compiled Laws
Mich. Comp. Laws § 750.317 (2026)
Second degree murder; penalty.
✓ current as of July 2026
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THE MICHIGAN PENAL CODE
Act 328 of 1931
750.317 Second degree murder; penalty.
Sec. 317.
Second degree murder—All other kinds of murder shall be murder of the second degree, and shall be punished by imprisonment in the state prison for life, or any term of years, in the discretion of the court trying the same.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.317
FormerLaw Notes:
See section 2 of Ch. 153 of R.S. 1846, being CL 1857, § 5712; CL 1871, § 7511; How., § 9076; CL 1897, § 11471; CL 1915, § 15193; and CL 1929, § 16709.
Notes of Decisions
Cited in 1,648
cases (369 in the last 5 years), 1955–2026 · leading case: People v. Blevins, 886 N.W.2d 456 (Mich. Ct. App. 2016).
People v. Blevins, 886 N.W.2d 456 (Mich. Ct. App. 2016). “1 The charges against Blevins were based on evidence that he initially displayed the gun and then handed it to King. The defense theory was that although defendant was present, he was not the man who handed the gun to King.”
People of Michigan v. Dawn Marie Dixon-Bey, 909 N.W.2d 458 (Mich. Ct. App. 2017). “316, and, after an eight-day jury trial, was found guilty of second-degree murder, MCL 750.317. She was sentenced to 35 to 70 years in prison and appeals as of right.”
People v. Reese, 815 N.W.2d 85 (Mich. 2012). “2 MCL 750.317. 3 MCL 750.321. 4 In addition to these charges, defendant was also charged with being a felon in possession of a firearm, carrying a concealed weapon, and felony-firearm.”
People v. Mendoza, 664 N.W.2d 685 (Mich. 2003). “MCL 750.317. See also People v. Goecke, 457 Mich.”
People v. Goecke, 579 N.W.2d 868 (Mich. 1998). “§ 750.317; M.S.A. § 28.549, and operating a motor vehicle under the influence of intoxicating liquor, causing the death of another person, M.”
People v. Abraham, 662 N.W.2d 836 (Mich. Ct. App. 2003). “§ 750.317; see also M.C.L. § 712A.2d (statute allowing charging, trying, and sentencing juvenile as an adult).”
People of Michigan v. Christopher Allan Oros, 917 N.W.2d 559 (Mich. 2018). “MCL 750.317. It is well established that ‘second-degree murder is first-degree murder minus premeditation’ .”
People v. Hampton, 285 N.W.2d 284 (Mich. 1979). “After the jury found defendant guilty of second-degree murder on both counts, MCL 750.317; MSA 28.549, the judge ordered that the verdict be set aside and ordered a new trial.”
People v. Riddle, 649 N.W.2d 30 (Mich. 2002). “The standard jury instruction that was given adequately imparted these principles. Accordingly, we vacate the decision of the Court of Appeals in part and affirm defendant’s convictions for the reasons expressed in this opinion.”
People v. Biddles, 896 N.W.2d 461 (Mich. Ct. App. 2016). “FACTUAL BACKGROUND Defendant and his cousin, codefendant Charles Johnson, were both charged with second- degree murder, MCL 750.317, assault with intent to commit murder, MCL 750.”
People v. Smith, 731 N.W.2d 411 (Mich. 2007). “Defendant was charged with and convicted of second-degree murder, MCL 750.317, after he killed the victim with a single gunshot to the head.”
People v. Moore, 439 N.W.2d 684 (Mich. 1989). “Here, the sentence was within the "life or any term of years" sentence authorized by statute, MCL 750.317; MSA 28.549. Moreover, we believe that, contrary to defendant's argument, the fact that parole will not be available prior to defendant's life span does not make the…”
— Mich. Comp. Laws § 750.317(1)(b) — 1 case
People of Michigan v. James David Allan (Mich. Ct. App. 2024).
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