Mich. Comp. Laws » Michigan Compiled Laws / Chapter 750 / Act 328 of 1931
Michigan Compiled Laws

Mich. Comp. Laws § 750.356 (2026)

Larceny; property; penalties; total value of property stolen; enhanced sentence; prior convictions; "scrap metal" defined.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.356 Larceny; property; penalties; total value of property stolen; enhanced sentence; prior convictions; "scrap metal" defined.

Sec. 356.

    (1) A person who commits larceny by stealing any of the following property of another person is guilty of a crime as provided in this section:

    (a) Money, goods, or chattels.

    (b) A bank note, bank bill, bond, promissory note, due bill, bill of exchange or other bill, draft, order, or certificate.

    (c) A book of accounts for or concerning money or goods due, to become due, or to be delivered.

    (d) A deed or writing containing a conveyance of land or other valuable contract in force.

    (e) A receipt, release, or defeasance.

    (f) A writ, process, or public record.

    (g) Scrap metal.

    (2) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine:

    (a) The property stolen has a value of $20,000.00 or more.

    (b) The person violates subsection (3)(a) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (4)(b) or (5).

    (3) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine:

    (a) The property stolen has a value of $1,000.00 or more but less than $20,000.00.

    (b) The person violates subsection (4)(a) and has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (4)(b) or (5).

    (4) If any of the following apply, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine:

    (a) The property stolen has a value of $200.00 or more but less than $1,000.00.

    (b) The person violates subsection (5) and has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section.

    (5) If the property stolen has a value of less than $200.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine.

    (6) If the property stolen is scrap metal, then, as used in this section, "the value of the property stolen" means the greatest of the following:

    (a) The replacement cost of the stolen scrap metal.

    (b) The cost of repairing the damage caused by the larceny of the scrap metal.

    (c) The sum of subdivisions (a) and (b).

    (7) The values of property stolen in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value of property stolen.

    (8) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant's prior conviction or convictions shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:

    (a) A copy of the judgment of conviction.

    (b) A transcript of a prior trial, plea-taking, or sentencing.

    (c) Information contained in a presentence report.

    (d) The defendant's statement.

    (9) If the sentence for a conviction under this section is enhanced by 1 or more prior convictions, those prior convictions shall not be used to further enhance the sentence for the conviction pursuant to section 10, 11, or 12 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.

    (10) As used in this section, "scrap metal" means that term as defined in section 3 of the scrap metal regulatory act, 2008 PA 429, MCL 445.423.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.356 ;-- Am. 1957, Act 69, Eff. Sept. 27, 1957 ;-- Am. 1998, Act 311, Eff. Jan. 1, 1999 ;-- Am. 2008, Act 431, Eff. Apr. 1, 2009 ;-- Am. 2013, Act 217, Eff. Apr. 10, 2014

Constitutionality Notes:

    A defendant's convictions of both armed robbery and the lesser included offenses of larceny of property with a value over $100 and of larceny in a building cannot be allowed to stand as a violation of the defendant's protection against double jeopardy. People v Jankowski, 408 Mich 79; 289 NW2d 674 (1980).

FormerLaw Notes:

    See section 18 of Ch. 154 of R.S. 1846, being CL 1857, § 5762; CL 1871, § 7569; How., § 9140; CL 1897, § 11553; CL 1915, § 15298; CL 1929, § 16899; Act 242 of 1879; and Act 222 of 1929.

Notes of Decisions
Cited in 251 cases (34 in the last 5 years), 1965–2026 · leading case: People v. Perkins, 703 N.W.2d 448 (Mich. 2005).
Sort: Relevance Newest Treatment
People v. Perkins, 703 N.W.2d 448 (Mich. 2005). · cites it 20× “MCL 750.356. [10] All of the following hypothetical examples involve a defendant who does not have any prior larceny convictions.”
People v. March, 499 Mich. 389 (Mich. 2016). · cites it 8× “The statute leaves larceny undefined, so we next turn to the so-called “simple larceny” statute, MCL 750.356, which implicates the “crime of larceny” referred to in MCL 750.”
People v. Smith, 733 N.W.2d 351 (Mich. 2007). · cites it 6× “For example, the crimes of larceny over $ 100, MCL 750.356; MSA 28.588, and larceny in a building, MCL 750.”
People v. Cain, 605 N.W.2d 28 (Mich. Ct. App. 2000). · cites it 7× “A jury convicted defendant Janice Cain of larceny over $100, MCL 750.356; MSA 28.588/ for an extended series of events in which Cain took approximately $250,000 from the late Marguerite “Peg” Bergdahl, 1 2 an elderly woman for whom Cain *99 acted as a limited guardian.”
People v. Ford, 331 N.W.2d 878 (Mich. 1987). · cites it 10× “MCL 750.356; MSA 28.588. On the other hand, larceny in a building includes the elements of the general larceny statute, but it also includes one more important requirement, i.”
People v. Parcha, 575 N.W.2d 316 (Mich. Ct. App. 1998). · cites it 4× “§ 750.356; M.S.A. § 28.588, and misdemeanor retail fraud.”
People v. Loper, 830 N.W.2d 836 (Mich. Ct. App. 2013). · cites it 3× “279 (fraudulent disposition of personal property)], [MCL 750.356 (larceny)], or [MCL 750.362 (embezzlement, fraudulent conversion)].”
People v. Garrison, 852 N.W.2d 45 (Mich. 2014). · cites it 3× “While the case was pending, the three victims of defendant’s theft had traveled back and forth from their primary residences to secure their stolen property and attend a restitution hearing.”
People v. Erskin, 285 N.W.2d 396 (Mich. Ct. App. 1979). · cites it 6× “Defendant was convicted of larceny over $100, MCL 750.356; MSA 28.588, and was also determined to be an habitual offender, MCL 769.”
People v. Pinkney, 912 N.W.2d 535 (Mich. 2018). “Another example is MCL 750.356(1), which states that "[a] person who commits larceny by stealing any of the following property of another person is guilty of a crime as provided in this section .”
People v. Joeseype Johnson, 284 N.W.2d 718 (Mich. 1979). · cites it 2× “[6] MCL 750.356; MSA 28.588. [7] MCL 750.529, 750.”
People v. Denio, 564 N.W.2d 13 (Mich. 1997). · cites it 2× “§ 750.356; MSA 28.588, and larceny in a building, M.”
Show all 251 citing cases →
— Mich. Comp. Laws § 750.356(1) — 9 cases
People v. March, 499 Mich. 389 (Mich. 2016). “The statute leaves larceny undefined, so we next turn to the so-called “simple larceny” statute, MCL 750.356, which implicates the “crime of larceny” referred to in MCL 750.”
People v. Smith, 733 N.W.2d 351 (Mich. 2007). “For example, the crimes of larceny over $ 100, MCL 750.356; MSA 28.588, and larceny in a building, MCL 750.”
People v. Garrison, 852 N.W.2d 45 (Mich. 2014). “While the case was pending, the three victims of defendant’s theft had traveled back and forth from their primary residences to secure their stolen property and attend a restitution hearing.”
People v. Pinkney, 912 N.W.2d 535 (Mich. 2018). “Another example is MCL 750.356(1), which states that "[a] person who commits larceny by stealing any of the following property of another person is guilty of a crime as provided in this section .”
People v. Miller, 795 N.W.2d 156 (Mich. Ct. App. 2010).
— Mich. Comp. Laws § 750.356(1)(a) — 2 cases
People of Michigan v. Michael Georgie Carson (Mich. Ct. App. 2024).
20250211_C362785_64_362785D.Opn.Pdf (Mich. Ct. App. 2025).
— Mich. Comp. Laws § 750.356(2) — 1 case
People of Michigan v. Jay Dee Spencer, 909 N.W.2d 17 (Mich. Ct. App. 2017).
— Mich. Comp. Laws § 750.356(2)(a) — 17 cases
People v. Perkins, 703 N.W.2d 448 (Mich. 2005). “MCL 750.356. [10] All of the following hypothetical examples involve a defendant who does not have any prior larceny convictions.”
People of Michigan v. Jay Dee Spencer, 909 N.W.2d 17 (Mich. Ct. App. 2017).
People of Michigan v. Michael Georgie Carson (Mich. 2025).
People of Michigan v. Alonta Malik Gilbert (Mich. Ct. App. 2020).
20241212_C364257_68_364257.Opn.Pdf (Mich. Ct. App. 2024).
— Mich. Comp. Laws § 750.356(3) — 2 cases
People v. Perkins, 703 N.W.2d 448 (Mich. 2005). “MCL 750.356. [10] All of the following hypothetical examples involve a defendant who does not have any prior larceny convictions.”
People v. Filip, 754 N.W.2d 660 (Mich. Ct. App. 2008).
— Mich. Comp. Laws § 750.356(3)(a) — 29 cases
People v. Carp, 828 N.W.2d 685 (Mich. Ct. App. 2012).
People v. Matzke, 842 N.W.2d 557 (Mich. Ct. App. 2013).
People of Michigan v. Cedric Lamont Lacey (Mich. Ct. App. 2016).
People of Michigan v. Terry Lee Garten (Mich. Ct. App. 2016).
People of Michigan v. Joel Irwing Wilson (Mich. Ct. App. 2017).
— Mich. Comp. Laws § 750.356(3)(b) — 1 case
People of Michigan v. Robert Michael Hernandez (Mich. Ct. App. 2023).
— Mich. Comp. Laws § 750.356(4) — 1 case
People v. Perkins, 703 N.W.2d 448 (Mich. 2005). “MCL 750.356. [10] All of the following hypothetical examples involve a defendant who does not have any prior larceny convictions.”
— Mich. Comp. Laws § 750.356(4)(a) — 10 cases
People v. Perkins, 703 N.W.2d 448 (Mich. 2005). “MCL 750.356. [10] All of the following hypothetical examples involve a defendant who does not have any prior larceny convictions.”
People v. Williams, 825 N.W.2d 671 (Mich. Ct. App. 2012).
People of Michigan v. Elray Chevez Baker (Mich. Ct. App. 2019).
People of Michigan v. Kenneth Carl Grondin III (Mich. Ct. App. 2018).
People of Michigan v. Kenneth Carl Grondin III (Mich. Ct. App. 2018).
— Mich. Comp. Laws § 750.356(4)(b) — 2 cases
People of Michigan v. Kyle Wayne Beaudin (Mich. Ct. App. 2018).
People of Michigan v. Kyle Wayne Beaudin (Mich. Ct. App. 2018).
— Mich. Comp. Laws § 750.356(5) — 11 cases
People v. Perkins, 703 N.W.2d 448 (Mich. 2005). “MCL 750.356. [10] All of the following hypothetical examples involve a defendant who does not have any prior larceny convictions.”
People v. Randolph, 648 N.W.2d 164 (Mich. 2002).
People of Michigan v. Kenneth Alan Fizer (Mich. Ct. App. 2018).
People of Michigan v. Kyle Wayne Beaudin (Mich. Ct. App. 2018).
People of Michigan v. Kyle Wayne Beaudin (Mich. Ct. App. 2018).
— Mich. Comp. Laws § 750.356(9) — 1 case
People v. Allen, 884 N.W.2d 548 (Mich. 2016).
— Mich. Comp. Laws § 750.356(D)(4) — 1 case
Jones v. Home Depot Corp. (E.D. Mich. 2024).
— Mich. Comp. Laws § 750.356(a) — 5 cases
People v. Fuzi, 208 N.W.2d 47 (Mich. Ct. App. 1973).
People v. Davis, 280 N.W.2d 604 (Mich. Ct. App. 1979).
People v. Wright, 196 N.W.2d 839 (Mich. Ct. App. 1972).
People v. Gist, 476 N.W.2d 485 (Mich. Ct. App. 1991).
People v. Taylor, 189 N.W.2d 832 (Mich. Ct. App. 1971).
— Mich. Comp. Laws § 750.356(a)(3) — 2 cases
People of Michigan v. Johnny Lee Cox (Mich. Ct. App. 2018).
People of Michigan v. Johnny Lee Cox (Mich. Ct. App. 2018).
— Mich. Comp. Laws § 750.356(d)(1)(a) — 2 cases
People of Michigan v. Bethany Anne Cottone (Mich. Ct. App. 2018).
People of Michigan v. Bethany Anne Cottone (Mich. Ct. App. 2018).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.