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

Mich. Comp. Laws § 750.380 (2026)

Willful and malicious destruction of property; house, barn, or building of another.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.380 Willful and malicious destruction of property; house, barn, or building of another.

Sec. 380.

    (1) A person shall not willfully and maliciously destroy or injure another person's house, barn, or other building or its appurtenances.

    (2) If any of the following apply, a person who violates subsection (1) 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 amount of the destruction or injury, whichever is greater, or both imprisonment and a fine:

    (a) The amount of the destruction or injury is $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), (5)(b), (6), or (7).

    (3) If any of the following apply, a person who violates subsection (1) 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 amount of the destruction or injury, whichever is greater, or both imprisonment and a fine:

    (a) The amount of the destruction or injury is $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), (5)(b), (6), or (7).

    (4) If any of the following apply, a person who violates subsection (1) 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 amount of the destruction or injury, whichever is greater, or both imprisonment and a fine:

    (a) The amount of the destruction or injury is $200.00 or more but less than $1,000.00.

    (b) The person violates subsection (6) or (7) 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 person and the property owner are spouses or former spouses, have or have had a dating relationship, have or have had a child in common, or are residents or former residents of the same household and if any of the following apply, the person who violates subsection (1) 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 amount of the destruction or injury, whichever is greater, or both imprisonment and a fine:

    (a) The amount of the destruction or injury is $200.00 or more but less than $1,000.00.

    (b) The person violates subsection (6) or (7) 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.

    (6) If the amount of the destruction or injury is less than $200.00, a person who violates subsection (1) 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 amount of the destruction or injury, whichever is greater, or both imprisonment and a fine.

    (7) If the person and the property owner are spouses or former spouses, have or have had a dating relationship, have or have had a child in common, or are residents or former residents of the same household and if the amount of the destruction or injury is less than $200.00, the person who violates subsection (1) 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 amount of the destruction or injury, whichever is greater, or both imprisonment and a fine.

    (8) The amounts of the destruction or injury in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total amount of the destruction or injury.

    (9) 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 must 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.

    (10) If the sentence for a conviction under this section is enhanced by 1 or more prior convictions, those prior convictions must 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, 769.10, 769.11, and 769.12.

    (11) As used in this section, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.

    

    

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.380 ;-- Am. 1957, Act 69, Eff. Sept. 27, 1957 ;-- Am. 1998, Act 311, Eff. Jan. 1, 1999 ;-- Am. 2023, Act 199, Eff. Feb. 13, 2024

FormerLaw Notes:

    See section 48 of Ch. 154 of R.S. 1846, being CL 1857, § 5792; CL 1871, § 7599; How., § 9170; CL 1897, § 11584; CL 1915, § 15329; CL 1929, § 16925; and Act 31 of 1877.

Notes of Decisions
Cited in 45 cases (12 in the last 5 years), 1952–2026 · leading case: People v. March, 499 Mich. 389 (Mich. 2016).
Sort: Relevance Newest Treatment
People v. March, 499 Mich. 389 (Mich. 2016). “181(1), and malicious destruction of property, MCL 750.380. We do not here opine on the applicability of either of these, or any other criminal offense, to defendant’s conduct.”
People of Michigan v. Frank Shepard Fairey, 928 N.W.2d 705 (Mich. Ct. App. 2018). “In McKay's estimation, the fact that the posters included the Obey Giant image and that Fairey had threatened to "do stuff on the street without permission" while in Detroit meant that he was responsible for the tagging.”
People v. Carrigan, 824 N.W.2d 283 (Mich. Ct. App. 2012). · cites it 2× “110, one count of malicious destruction of property over $20,000, MCL 750.380(1) and (2)(a), and one count of malicious destruction of property between $1,000 and $20,000, MCL 750.”
Monroe Cnty. Prosecutor v. Spears (In re Spears), 922 N.W.2d 688 (Mich. Ct. App. 2018). “BACKGROUND This appeal arises from defendant's 2006 plea of nolo contendere to one count of malicious destruction of a building between $1,000 and $20,000, MCL 750.380(3)(a). Defendant was sentenced, as a fourth-offense habitual offender, MCL 769.”
Daniel v. McQUIGGIN, 678 F. Supp. 2d 547 (E.D. Mich. 2009). · cites it 2× “110a(3), larceny in a building, Mich. Comp. Laws § 750.360 , malicious destruction of a building, Mich.”
People v. Coones, 550 N.W.2d 600 (Mich. Ct. App. 1996). · cites it 2× “§ 750.380; M.S.A. § 28.612, entering a dwelling house without permission from the owner or occupant, M.”
People v. Fox, 591 N.W.2d 384 (Mich. Ct. App. 1999). “5 The conduct at issue would be subject to prosecution under MCL 750.380; MSA 28.612, which prohibits wilful and malicious destruction or injury to the building of another with the crime being a felony if the damage is over $100, a misdemeanor if the damage is $100 or less.”
People v. Foster, 302 N.W.2d 862 (Mich. Ct. App. 1981). · cites it 2× “272, and malicious destruction of real property, MCL 750.380; MSA 28.612. We have no difficulty in determining that the trial court erred in not instructing on preparation to burn property.”
People v. Orweller, 494 N.W.2d 753 (Mich. Ct. App. 1992). “Defendant was initially charged with malicious destruction of a building, MCL 750.380; MSA 28.612, in addition to the insurance and the drunken driving offenses.”
People v. Munn, 181 N.W.2d 28 (Mich. Ct. App. 1970). · cites it 2× “** MCLA § 750.380 (Stat Ann 1970 Cum Supp § 28.”
People v. Guiles, 500 N.W.2d 757 (Mich. Ct. App. 1993). “431(2), malicious destruction of property over $100, MCL 750.380; MSA 28.612, and possession of a firearm during the commission of a felony, MCL 750.”
People v. Sheridan, 367 N.W.2d 450 (Mich. Ct. App. 1985). “Defendant was convicted on his plea of guilty to the offense of malicious destruction of a building causing damage over $100, MCL 750.380; MSA 28.612. The offense grew out of defendant’s jailbreak from the Oakland County Jail on March 27, 1983.”
Show all 45 citing cases →
— Mich. Comp. Laws § 750.380(1) — 3 cases
People v. Carrigan, 824 N.W.2d 283 (Mich. Ct. App. 2012). “110, one count of malicious destruction of property over $20,000, MCL 750.380(1) and (2)(a), and one count of malicious destruction of property between $1,000 and $20,000, MCL 750.”
People of Michigan v. Justin Michael Burton (Mich. Ct. App. 2016).
People of Michigan v. Frederick Allan Matthews (Mich. Ct. App. 2024).
— Mich. Comp. Laws § 750.380(2)(a) — 3 cases
People of Michigan v. Frank Shepard Fairey, 928 N.W.2d 705 (Mich. Ct. App. 2018). “In McKay's estimation, the fact that the posters included the Obey Giant image and that Fairey had threatened to "do stuff on the street without permission" while in Detroit meant that he was responsible for the tagging.”
People of Michigan v. Frank Shepard Fairey (Mich. Ct. App. 2018).
People of Michigan v. Frederick Allan Matthews (Mich. Ct. App. 2024).
— Mich. Comp. Laws § 750.380(3) — 1 case
People of Michigan v. Timothy Maloy Riddle (Mich. Ct. App. 2024).
— Mich. Comp. Laws § 750.380(3)(a) — 11 cases
Monroe Cnty. Prosecutor v. Spears (In re Spears), 922 N.W.2d 688 (Mich. Ct. App. 2018). “BACKGROUND This appeal arises from defendant's 2006 plea of nolo contendere to one count of malicious destruction of a building between $1,000 and $20,000, MCL 750.380(3)(a). Defendant was sentenced, as a fourth-offense habitual offender, MCL 769.”
People of Michigan v. Frederick Allan Matthews (Mich. Ct. App. 2024).
People of Michigan v. Darin Rey Aldridge (Mich. Ct. App. 2020).
People of Michigan v. Shawn Vert (Mich. Ct. App. 2026).
People of Michigan v. Shanisha Molden (Mich. Ct. App. 2017).
— Mich. Comp. Laws § 750.380(4) — 1 case
People of Michigan v. Page Cheatom (Mich. Ct. App. 2024).
— Mich. Comp. Laws § 750.380(4)(a) — 4 cases
People of Michigan v. Anthony William Martin (Mich. Ct. App. 2019).
People of Michigan v. Timothy Courdre Matthews (Mich. Ct. App. 2018).
People of Michigan v. Timothy Courdre Matthews (Mich. Ct. App. 2018).
People of Michigan v. Thomas Edward Martin (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 750.380(5) — 5 cases
People of Michigan v. Micheline Nicole Leffew (Mich. Ct. App. 2020).
People Of Mi V Micheline Nicole Leffew (Mich. 2022).
People of Michigan v. Micheline Nicole Leffew (Mich. 2022).
People of Michigan v. Jeremiah James Leffew (Mich. 2022).
People of Michigan v. Seven Adam Laroue (Mich. Ct. App. 2019).
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