THE MICHIGAN PENAL CODE
Act 328 of 1931
750.356a Larceny; motor vehicles or trailers; aggregate value; prior convictions; breaking or entering; damaging.
Sec. 356a.
(1) A person who commits larceny by stealing or unlawfully removing or taking any wheel, tire, air bag, catalytic converter, radio, stereo, clock, telephone, computer, or other electronic device in or on any motor vehicle, house trailer, trailer, or semitrailer 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 both.
(2) Except as provided in subsection (3), a person who enters or breaks into a motor vehicle, house trailer, trailer, or semitrailer to steal or unlawfully remove property from it is guilty of a crime as follows:
(a) If the value of the property is 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, whichever is greater, or both imprisonment and a fine.
(b) 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, whichever is greater, or both imprisonment and a fine:
(i) The value of the property is $200.00 or more but less than $1,000.00.
(ii) The person violates subdivision (a) 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.
(c) 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, whichever is greater, or both imprisonment and a fine:
(i) The value of the property is $1,000.00 or more but less than $20,000.00.
(ii) The person violates subdivision (b)(i) and has 1 or more prior convictions for violating or attempting to violate this section. For purposes of this subparagraph, however, a prior conviction does not include a conviction for a violation or attempted violation of subdivision (a) or (b)(ii).
(d) 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, whichever is greater, or both imprisonment and a fine:
(i) The property has a value of $20,000.00 or more.
(ii) The person violates subdivision (c)(i) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subparagraph, however, a prior conviction does not include a conviction for a violation or attempted violation of subdivision (a) or (b)(ii).
(3) A person who violates subsection (2)(a) or (b) and who breaks, tears, cuts, or otherwise damages any part of the motor vehicle, house trailer, trailer, or semitrailer 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 both, regardless of the value of the property.
(4) The values of property stolen or unlawfully removed 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 or unlawfully removed.
(5) 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.
(e) A copy of a court register of actions.
(6) 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 under 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.
History: Add. 1937, Act 194, Imd. Eff. July 14, 1937 ;-- Am. 1939, Act 254, Eff. Sept. 29, 1939 ;-- Am. 1947, Act 124, Eff. Oct. 11, 1947 ;-- CL 1948, 750.356a ;-- Am. 1998, Act 311, Eff. Jan. 1, 1999 ;-- Am. 2008, Act 475, Eff. Apr. 1, 2009 ;-- Am. 2008, Act 476, Eff. Apr. 1, 2009
Notes of Decisions
Cited in
90
cases (
6 in the last 5 years), 1966–2026 · leading case:
People v. Miller, 795 N.W.2d 156 (Mich. Ct. App. 2010).
People v. Miller, 795 N.W.2d 156 (Mich. Ct. App. 2010).
· cites it 11× “Contrary to defendant’s argument, the application of subsection (1) of MCL 750.356a to all enumerated items “in or on” the listed vehicles does not result in a scheme of punishment in subsection (1) that irreconcilably conflicts with the statute as a whole.”
People v. Cox, 709 N.W.2d 152 (Mich. Ct. App. 2006).
· cites it 2× “Aside from the prosecutor's unverified indication that the plea was to a charge of larceny involving less than $200, MCL 750.356a(2)(a), the record is devoid of information concerning the date of the plea, the charge or charges at issue, and whether it was a guilty plea or a no…”
People v. Ackah-Essien, 874 N.W.2d 172 (Mich. Ct. App. 2015).
“349b, larceny from a motor vehicle, MCL 750.356a(l), carrying a weapon with unlawful intent, MCL 750.”
People v. Nelson, 594 N.W.2d 114 (Mich. Ct. App. 1999).
· cites it 2× “592, breaking and entering a motor vehicle with the intent to steal property valued over $5, MCL 750.356a; MSA 28.588(1), unlawfully driving away an automobile, MCL 750.”
People v. Osby, 804 N.W.2d 903 (Mich. Ct. App. 2011).
“7403(2) (d), and breaking and entering a motor vehicle to steal property worth $200 or more but less than $1,000, MCL 750.356a(2)(b)(i). The trial court sentenced defendant to 58 to 240 months in prison as a fourth-offense habitual offender, MCL 769.”
People v. Winhoven, 237 N.W.2d 540 (Mich. Ct. App. 1975).
· cites it 5× “However, this report was amended to state that the defendant had been found innocent of the second charge but that the probation officer still thought that he was involved. Defendant’s initial claim of error is that he was charged and convicted under an inappropriate statute.”
People v. Bennett, 270 N.W.2d 709 (Mich. Ct. App. 1978).
· cites it 2× “Immediately following the jury's verdict, defendant pled guilty to an information charging him with being an habitual offender, fourth offense, MCL 769.13; MSA 28.1085. On January 14, 1977, the trial court sentenced defendant to 2-1/2 to 10 years imprisonment.”
People v. Curry, 371 N.W.2d 854 (Mich. Ct. App. 1985).
· cites it 2× “In case number 78216, defendant appeals from 1977 jury convictions for entering or breaking into a motor vehicle for the purpose of stealing property worth not less than $5, contrary to MCL 750.356a; MSA 28.588(1), and of being an habitual offender (sixth felony), contrary to…”
People v. Peterson, 233 N.W.2d 250 (Mich. Ct. App. 1975).
· cites it 2× “MCLA 750.356a; MSA 28.588(1). Defendant was sentenced to 180 days in jail, 160 immediately and 20 days when directed.”
People v. Johnson, 494 N.W.2d 873 (Mich. Ct. App. 1992).
“Following a jury trial, defendant was convicted of larceny from a motor vehicle, MCL 750.356a; MSA 28.588(1), and of being an habitual offender, fourth offense, MCL 769.”
In re Contempt of Dorsey, 858 N.W.2d 84 (Mich. Ct. App. 2014).
“Tyler first came to the attention of the family court in April 2008, when he was charged with three counts of breaking and entering a vehicle, MCL 750.356a(2)(a). Tyler was placed on the consent calendar/informal docket, which he successfully completed on July 3, 2009.”
People v. Hadley, 242 N.W.2d 32 (Mich. Ct. App. 1976).
“Defendant was convicted by a Washtenaw County Circuit Court jury of breaking and entering an automobile with intent to commit larceny therein, MCLA 750.356a; MSA 28.588(1). He was subsequently sentenced to a term of from three to five years in prison and now appeals of right.”
— Mich. Comp. Laws § 750.356a(1) — 11 cases
People v. Miller, 795 N.W.2d 156 (Mich. Ct. App. 2010).
“Contrary to defendant’s argument, the application of subsection (1) of MCL 750.356a to all enumerated items “in or on” the listed vehicles does not result in a scheme of punishment in subsection (1) that irreconcilably conflicts with the statute as a whole.”
— Mich. Comp. Laws § 750.356a(2) — 3 cases
People v. Miller, 795 N.W.2d 156 (Mich. Ct. App. 2010).
“Contrary to defendant’s argument, the application of subsection (1) of MCL 750.356a to all enumerated items “in or on” the listed vehicles does not result in a scheme of punishment in subsection (1) that irreconcilably conflicts with the statute as a whole.”
— Mich. Comp. Laws § 750.356a(2)(a) — 9 cases
People v. Cox, 709 N.W.2d 152 (Mich. Ct. App. 2006).
“Aside from the prosecutor's unverified indication that the plea was to a charge of larceny involving less than $200, MCL 750.356a(2)(a), the record is devoid of information concerning the date of the plea, the charge or charges at issue, and whether it was a guilty plea or a no…”
In re Contempt of Dorsey, 858 N.W.2d 84 (Mich. Ct. App. 2014).
“Tyler first came to the attention of the family court in April 2008, when he was charged with three counts of breaking and entering a vehicle, MCL 750.356a(2)(a). Tyler was placed on the consent calendar/informal docket, which he successfully completed on July 3, 2009.”
— Mich. Comp. Laws § 750.356a(2)(b)(1) — 1 case
— Mich. Comp. Laws § 750.356a(2)(b)(i) — 2 cases
People v. Osby, 804 N.W.2d 903 (Mich. Ct. App. 2011).
“7403(2) (d), and breaking and entering a motor vehicle to steal property worth $200 or more but less than $1,000, MCL 750.356a(2)(b)(i). The trial court sentenced defendant to 58 to 240 months in prison as a fourth-offense habitual offender, MCL 769.”
— Mich. Comp. Laws § 750.356a(2)(c)(i) — 3 cases
— Mich. Comp. Laws § 750.356a(3) — 13 cases
— Mich. Comp. Laws § 750.356a(c)(i) — 2 cases
— Mich. Comp. Laws § 750.356a(l) — 2 cases
People v. Ackah-Essien, 874 N.W.2d 172 (Mich. Ct. App. 2015).
“349b, larceny from a motor vehicle, MCL 750.356a(l), carrying a weapon with unlawful intent, MCL 750.”
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