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

Mich. Comp. Laws § 750.478 (2026)

Willful neglect of duty; public officer or person holding public trust or employment; penalty.

✓ current as of July 2026
Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

THE MICHIGAN PENAL CODE


Act 328 of 1931


750.478 Willful neglect of duty; public officer or person holding public trust or employment; penalty.

Sec. 478.

    When any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every willful neglect to perform such duty, where no special provision shall have been made for the punishment of such delinquency, constitutes 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, 750.478 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003

FormerLaw Notes:

    See section 25 of Ch. 156 of R.S. 1846, being CL 1857, § 5844; CL 1871, § 7677; How., § 9259; CL 1897, § 11329; CL 1915, § 14996; and CL 1929, § 16587.

Notes of Decisions
Cited in 36 cases (12 in the last 5 years), 1951–2024 · leading case: People v. Waterstone, 296 Mich. App. 121 (Mich. Ct. App. 2012).
Sort: Relevance Newest Treatment
People v. Waterstone, 296 Mich. App. 121 (Mich. Ct. App. 2012). · cites it 43× “We find that MCL 750.478, a misdemeanor statute, constitutes a statute that expressly provides for the punishment of misconduct in office with respect to misconduct that entails willful neglect to perform a legal duty (nonfeasance), which is the type of misconduct set forth in…”
People v. Brown, 755 N.W.2d 664 (Mich. Ct. App. 2008). · cites it 2× “NOTES [1] Some of defendant's alleged conduct in the instant case led to a previous jury trial conviction in the Lapeer Circuit Court.”
People of Michigan v. William Little, 499 Mich. 332 (Mich. 2016). · cites it 2× “BASIC FACTS AND PROCEEDINGS This case arises out of a disturbing encounter between Dajuan Hodges-Lamar and defendants, who at the time were police officers for the city of Detroit.”
People v. Medlyn, 544 N.W.2d 759 (Mich. Ct. App. 1996). · cites it 3× “Defendant was convicted by a jury in the 36th District Court on September 24, 1992, of wilful neglect of duty, MCL 750.478; MSA 28.746, and was sentenced to ninety days in jail.”
People v. Coutu, 589 N.W.2d 458 (Mich. 1999). · cites it 2× “Finally, deputy sheriffs are required to take an oath before entering upon their duties of office. MCL 51.73; MSA 5.”
People v. Bommarito, 190 N.W.2d 359 (Mich. Ct. App. 1971). · cites it 4× “The amended information charged four counts of wilful neglect of duty contrary to MCLA § 750.478 (Stat Ann 1954 Rev § 28.746) which states: “When any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every…”
People v. Davis, 290 N.W.2d 366 (Mich. 1980). “” MCL 750.478; MSA 28.746, originally enacted as 1846 Rev Stat, ch 156, § 25.”
People v. Lockett, 659 N.W.2d 681 (Mich. Ct. App. 2003). “That case involved the proper definition of “wilful” in the context of the prosecution of a jail guard for wilful neglect of duty, MCL 750.478. This Court examined the meaning of the term in the following manner: Assuming as we must that defendant breached his duty to report [an…”
People v. Hoag, 318 N.W.2d 579 (Mich. Ct. App. 1982). “773, perjury, and wilful neglect of duty, MCL 750.478; MSA 28.746. At defendant’s preliminary examination, the magistrate dismissed six of the nine counts in the indictment and bound Hoag over on one count each of obstruction of justice, perjury, and wilful neglect of duty.”
People v. Roy, 265 N.W.2d 20 (Mich. Ct. App. 1978). “Defendant Roy was also charged with wilful neglect of duty, MCLA 750.478; MSA 28.746. Prior to the scheduled trial date defendants filed a motion to quash the information, asserting that they had been entrapped.”
People v. Hoag, 281 N.W.2d 137 (Mich. Ct. App. 1979). · cites it 2× “664, and one count of wilful neglect of duty, MCL 750.478; MSA 28.746. It would be of little value to detail the many motions, at least 22, and attempted appeals which *615 have preceded our consideration of this case.”
People v. Sledge, 312 Mich. App. 516 (Mich. Ct. App. 2015). “505, and two counts of willful neglect of duty, MCL 750.478, stemming from the Wayne County Jail Proj *520 ect.”
Show all 36 citing cases →
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.