THE MICHIGAN PENAL CODE
Act 328 of 1931
750.359 Larceny from vacant dwelling.
Sec. 359.
Any person or persons who shall steal or unlawfully remove or in any manner damage any fixture, attachment, or other property belonging to, connected with, or used in the construction of any vacant structure or building, whether built or in the process of construction or who shall break into any vacant structure or building with the intention of unlawfully removing, taking therefrom, or in any manner damaging any fixture, attachment, or other property belonging to, connected with, or used in the construction of such vacant structure or building whether built or in the process of construction, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.359 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
FormerLaw Notes:
See section 1 of Act 99 of 1929, being CL 1929, § 16956.
Notes of Decisions
In re Contempt of Dorsey, 858 N.W.2d 84 (Mich. Ct. App. 2014).
“Tyler previously pleaded guilty to a misdemeanor charge of larceny in a vacant building, MCL 750.359, and the prosecutor dismissed the home invasion and minor in possession of alcohol charges.”
People v. McClain, 306 N.W.2d 497 (Mich. Ct. App. 1981).
“erty belonging to, connected with or used in the construction of any vacant structure or building, whether built or in the process of construction or who shall break into any vacant structure or building with the intention of unlawfully removing, taking therefrom or in any…”
People v. Grier, 608 N.W.2d 821 (Mich. Ct. App. 2000).
· cites it 2× “*522 On June 1, 1987, defendant pleaded guilty of larceny in a vacant building, MCL 750.359; MSA 28.591, and assault and battery, MCL 750.”
People of Michigan v. Damaceno Richard Abrego (Mich. Ct. App. 2015).
“In the course of its discussion of the meaning of asportation, the Spanke Court looked to how asportation had been judicially defined for use under the kidnapping statute, MCL 750.359, which was that asportation, i.”
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