Michigan Compiled Laws

Mich. Comp. Laws § 750.411h (2026)

Stalking; definitions; violation as misdemeanor; penalties; probation; conditions; evidence of continued conduct as rebuttable presumption; additional penalties.

✓ current as of July 2026

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THE MICHIGAN PENAL CODE

Act 328 of 1931

750.411h Stalking; definitions; violation as misdemeanor; penalties; probation; conditions; evidence of continued conduct as rebuttable presumption; additional penalties.

Sec. 411h.

(1) As used in this section:

(a) "Course of conduct" means a pattern of conduct composed of a series of 2 or more separate noncontinuous acts evidencing a continuity of purpose.

(b) "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.

(c) "Emotional distress" means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.

(d) "Harassment" means conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable individual to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.

(e) "Stalking" means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

(f) "Unconsented contact" means any contact with another individual that is initiated or continued without that individual's consent or in disregard of that individual's expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following:

(i) Following or appearing within the sight of that individual.

(ii) Approaching or confronting that individual in a public place or on private property.

(iii) Appearing at that individual's workplace or residence.

(iv) Entering onto or remaining on property owned, leased, or occupied by that individual.

(v) Contacting that individual by telephone.

(vi) Sending mail or electronic communications to that individual.

(vii) Placing an object on, or delivering an object to, property owned, leased, or occupied by that individual.

(g) "Victim" means an individual who is the target of a willful course of conduct involving repeated or continuing harassment.

(2) An individual who engages in stalking is guilty of a crime as follows:

(a) Except as provided in subdivision (b), a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

(b) If the victim was less than 18 years of age at any time during the individual's course of conduct and the individual is 5 or more years older than the victim, a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both.

(c) If the victim and the individual 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, a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

(3) The court may place an individual convicted of violating this section on probation for a term of not more than 5 years. If a term of probation is ordered, the court may, in addition to any other lawful condition of probation, order the defendant to do any of the following:

(a) Refrain from stalking any individual during the term of probation.

(b) Refrain from having any contact with the victim of the offense.

(c) Be evaluated to determine the need for psychiatric, psychological, or social counseling and if, determined appropriate by the court, to receive psychiatric, psychological, or social counseling at the individual's own expense.

(4) In a prosecution for a violation of this section, evidence that the defendant continued to engage in a course of conduct involving repeated unconsented contact with the victim after having been requested by the victim to discontinue the same or a different form of unconsented contact, and to refrain from any further unconsented contact with the victim, gives rise to a rebuttable presumption that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

(5) A criminal penalty provided for under this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.

History: Add. 1992, Act 260, Eff. Jan. 1, 1993 ;-- Am. 1997, Act 65, Eff. Mar. 31, 1998 ;-- Am. 2023, Act 199, Eff. Feb. 13, 2024

Notes of Decisions

Cited in 115 cases (69 in the last 5 years), 1995–2026 · leading case: Nastal v. Henderson & Assocs. Investigations, Inc, 691 N.W.2d 1 (Mich. 2005).

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Nastal v. Henderson & Assocs. Investigations, Inc, 691 N.W.2d 1 (Mich. 2005). · cites it 30× “Therefore, in 1992, it followed the lead of approximately two dozen other states that had enacted legislation specifically aimed at stalking and the special problems and circumstances surrounding it by criminalizing the offenses of stalking, MCL 750.411h, and aggravated…”

Mcneill-marks v. Midmichigan Med. Ctr.-gratiot, 891 N.W.2d 528 (Mich. Ct. App. 2016). · cites it 9× “On January 14, 2013, the circuit court entered an amended PPO, this time ordering Fields, among other things, to refrain from “stalking” plaintiff, as that term is “defined under MCL 750.411h and MCL 750.411Í, which includes but is not limited to” (1) “following or appearing…”

Hayford v. Hayford, 760 N.W.2d 503 (Mich. Ct. App. 2008). · cites it 12× “(i) Engaging in conduct that is prohibited under section 411h or 411i of the Michigan penal code, 1931 PA 328 , MCL 750.411h and 750.411Í. (j) Any other specific act or conduct that imposes upon or interferes with personal liberty or that causes a reasonable apprehension of…”

Patterson v. Beverwyk, 922 N.W.2d 904 (Mich. Ct. App. 2017). · cites it 17× “2950a, which, upon petition by "an individual," authorizes entry of a PPO to restrain or enjoin another individual from engaging in conduct prohibited in the Michigan Penal Code under MCL 750.411h (stalking), MCL 750.411i (aggravated stalking), or MCL 750.”

Lamkin v. Engram, 815 N.W.2d 793 (Mich. Ct. App. 2012). · cites it 7× “2950a(l) addresses the issuance of PPOs for nondomestic matters and provides, in relevant part: [A]n individual may petition the family division of circuit court to enter a personal protection order to restrain or enjoin an individual from engaging in conduct that is prohibited…”

Buchanan v. Crisler, 922 N.W.2d 886 (Mich. Ct. App. 2018). · cites it 10× “In her petition, Buchanan asserted that Crisler stalked her as defined in MCL 750.411h and MCL 750.411i by approaching or confronting her in a public place and sending her mail or other communications.”

Tm v. Mz, 926 N.W.2d 900 (Mich. Ct. App. 2018). · cites it 2× “The PPO prohibited respondent from "stalking [petitioner] as defined under MCL 750.411h and MCL 750.411i," and prohibited him from "posting a message [about petitioner] through the use of any medium of communication, including the Internet or a computer or any electronic medium,…”

People v. Golba, 729 N.W.2d 916 (Mich. Ct. App. 2007). · cites it 2× “The Court also observed that not all the potential "underlying" offensesincluding stalking, MCL 750.411h, aggravated stalking, MCL 750.”

People v. White, 536 N.W.2d 876 (Mich. Ct. App. 1995). · cites it 3× “Defendant had previously pleaded guilty, in September 1993, of the misdemeanor of stalking the same victim, a violation of Grand Blanc Township Ordinance 92-01, § I, which apparently mirrors MCL 750.411h; MSA 28.643(8). Defendant challenged his felony conviction in the trial…”

T.M. v. M.Z., 916 N.W.2d 473 (Mich. 2018). “2950a(1), the petitioner must "allege[ ] facts that constitute stalking as defined in [ MCL 750.411h or MCL 750.411i ], or conduct that is prohibited under [ MCL 750.”

Brown v. Rudy, 922 N.W.2d 915 (Mich. Ct. App. 2018). · cites it 9× “(i) Engaging in conduct that is prohibited under section 411h or 411i of the Michigan penal code, 1931 PA 328 , MCL 750.411h [stalking] and 750.411i [aggravated stalking].”

Gamrat v. Allard, 320 F. Supp. 3d 927 (W.D. Mich. 2018). · cites it 3× “§ 750.411h for conduct that is constitutionally protected or serves a legitimate purpose.”

Show all 115 citing cases →

— Mich. Comp. Laws § 750.411h(1) — 12 cases

Buchanan v. Crisler, 922 N.W.2d 886 (Mich. Ct. App. 2018). “In her petition, Buchanan asserted that Crisler stalked her as defined in MCL 750.411h and MCL 750.411i by approaching or confronting her in a public place and sending her mail or other communications.”

Brown v. Rudy, 922 N.W.2d 915 (Mich. Ct. App. 2018). “(i) Engaging in conduct that is prohibited under section 411h or 411i of the Michigan penal code, 1931 PA 328 , MCL 750.411h [stalking] and 750.411i [aggravated stalking].”

Swb v. Kjp (Mich. Ct. App. 2026).

Jh v. Ti (Mich. Ct. App. 2026).

Djh v. Gmb (Mich. Ct. App. 2026).

— Mich. Comp. Laws § 750.411h(1)(a) — 35 cases

Nastal v. Henderson & Assocs. Investigations, Inc, 691 N.W.2d 1 (Mich. 2005). “Therefore, in 1992, it followed the lead of approximately two dozen other states that had enacted legislation specifically aimed at stalking and the special problems and circumstances surrounding it by criminalizing the offenses of stalking, MCL 750.411h, and aggravated…”

Hayford v. Hayford, 760 N.W.2d 503 (Mich. Ct. App. 2008). “(i) Engaging in conduct that is prohibited under section 411h or 411i of the Michigan penal code, 1931 PA 328 , MCL 750.411h and 750.411Í. (j) Any other specific act or conduct that imposes upon or interferes with personal liberty or that causes a reasonable apprehension of…”

Trn v. Mdg (Mich. Ct. App. 2019).

in Re Jls (Mich. Ct. App. 2021).

John Thomas Benson v. Mary Pat Foster (Mich. Ct. App. 2015).

— Mich. Comp. Laws § 750.411h(1)(b) — 12 cases

Nm v. Jls (Mich. Ct. App. 2023).

John Thomas Benson v. Mary Pat Foster (Mich. Ct. App. 2015).

People of Michigan v. Randall Raymond Ball (Mich. Ct. App. 2019).

in Re Jcb (Mich. Ct. App. 2021).

— Mich. Comp. Laws § 750.411h(1)(c) — 39 cases

Patterson v. Beverwyk, 922 N.W.2d 904 (Mich. Ct. App. 2017). “2950a, which, upon petition by "an individual," authorizes entry of a PPO to restrain or enjoin another individual from engaging in conduct prohibited in the Michigan Penal Code under MCL 750.411h (stalking), MCL 750.411i (aggravated stalking), or MCL 750.”

Gamrat v. Allard, 320 F. Supp. 3d 927 (W.D. Mich. 2018). “§ 750.411h for conduct that is constitutionally protected or serves a legitimate purpose.”

— Mich. Comp. Laws § 750.411h(1)(c)(d) — 1 case

White 225440 v. Smith (W.D. Mich. 2025).

— Mich. Comp. Laws § 750.411h(1)(d) — 56 cases

Gamrat v. Allard, 320 F. Supp. 3d 927 (W.D. Mich. 2018). “§ 750.411h for conduct that is constitutionally protected or serves a legitimate purpose.”

— Mich. Comp. Laws § 750.411h(1)(e) — 32 cases

In Re Sb (Mich. Ct. App. 2024).

— Mich. Comp. Laws § 750.411h(1)(e)(i) — 3 cases

Sla v. Sz (Mich. Ct. App. 2020).

In Re Pk (Mich. Ct. App. 2022).

— Mich. Comp. Laws § 750.411h(1)(e)(iii) — 1 case

People of Michigan v. Randall Raymond Ball (Mich. Ct. App. 2019).

— Mich. Comp. Laws § 750.411h(1)(e)(v) — 1 case

in Re Daniel Alexander Rastelli (Mich. Ct. App. 2014).

— Mich. Comp. Laws § 750.411h(1)(e)(vi) — 1 case

In Re Dfm (Mich. Ct. App. 2023).

— Mich. Comp. Laws § 750.411h(1)(f) — 12 cases

Ag v. Oej (Mich. Ct. App. 2024).

Gl v. Jlm (Mich. Ct. App. 2025).

In Re Pk (Mich. Ct. App. 2022).

— Mich. Comp. Laws § 750.411h(1)(f)(i) — 1 case

Ag v. Oej (Mich. Ct. App. 2024).

— Mich. Comp. Laws § 750.411h(1)(f)(iii) — 1 case

Ag v. Oej (Mich. Ct. App. 2024).

— Mich. Comp. Laws § 750.411h(1)(f)(v) — 1 case

People of Michigan v. Terry McClellan (Mich. Ct. App. 2026).

— Mich. Comp. Laws § 750.411h(1)(f)(vi) — 2 cases

Ag v. Oej (Mich. Ct. App. 2024).

People of Michigan v. Terry McClellan (Mich. Ct. App. 2026).

— Mich. Comp. Laws § 750.411h(1)(f)(vii) — 1 case

Hac v. Er (Mich. Ct. App. 2025).

— Mich. Comp. Laws § 750.411h(2) — 4 cases

Pobursky v. Gee, 640 N.W.2d 597 (Mich. Ct. App. 2002).

Jlt v. Dac (Mich. Ct. App. 2019).

People of Michigan v. Justin Michael Wentzel (Mich. Ct. App. 2015).

— Mich. Comp. Laws § 750.411h(2)(a) — 2 cases

People of Michigan v. Casey Stephen Turner (Mich. Ct. App. 2021).

People of Michigan v. Terry McClellan (Mich. Ct. App. 2026).

— Mich. Comp. Laws § 750.411h(2)(b) — 1 case

People of Michigan v. Justin Michael Wentzel (Mich. Ct. App. 2015).

— Mich. Comp. Laws § 750.411h(4) — 4 cases

People of Michigan v. Terry McClellan (Mich. Ct. App. 2026).

in Re Daniel Alexander Rastelli (Mich. Ct. App. 2014).

— Mich. Comp. Laws § 750.411h(c) — 2 cases

Lamkin v. Engram, 815 N.W.2d 793 (Mich. Ct. App. 2012). “2950a(l) addresses the issuance of PPOs for nondomestic matters and provides, in relevant part: [A]n individual may petition the family division of circuit court to enter a personal protection order to restrain or enjoin an individual from engaging in conduct that is prohibited…”

Lm v. Bm (Mich. Ct. App. 2021).

— Mich. Comp. Laws § 750.411h(d) — 4 cases

Sf v. Eb (Mich. Ct. App. 2025).

Nm v. Jls (Mich. Ct. App. 2023).

— Mich. Comp. Laws § 750.411h(e) — 4 cases

Smg v. Gg (Mich. Ct. App. 2023).

Gl v. Jlm (Mich. Ct. App. 2025).

Rm v. Lm (Mich. Ct. App. 2025).

— Mich. Comp. Laws § 750.411h(l)(a) — 2 cases

Mcneill-marks v. Midmichigan Med. Ctr.-gratiot, 891 N.W.2d 528 (Mich. Ct. App. 2016). “On January 14, 2013, the circuit court entered an amended PPO, this time ordering Fields, among other things, to refrain from “stalking” plaintiff, as that term is “defined under MCL 750.411h and MCL 750.411Í, which includes but is not limited to” (1) “following or appearing…”

— Mich. Comp. Laws § 750.411h(l)(c) — 3 cases

Ck v. Am (Mich. Ct. App. 2023).

— Mich. Comp. Laws § 750.411h(l)(d) — 2 cases

— Mich. Comp. Laws § 750.411h(l)(e) — 2 cases

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