THE MICHIGAN PENAL CODE
Act 328 of 1931
750.479 Resisting or obstructing officer in discharge of duty; penalty; definitions.
Sec. 479.
(1) A person shall not knowingly and willfully do any of the following:
(a) Assault, batter, wound, obstruct, or endanger a medical examiner, township treasurer, judge, magistrate, probation officer, parole officer, prosecutor, city attorney, court employee, court officer, or other officer or duly authorized person serving or attempting to serve or execute any process, rule, or order made or issued by lawful authority or otherwise acting in the performance of his or her duties.
(b) Assault, batter, wound, obstruct, or endanger an officer enforcing an ordinance, law, rule, order, or resolution of the common council of a city board of trustees, the common council or village council of an incorporated village, or a township board of a township.
(2) Except as provided in subsections (3), (4), and (5), a person who violates this section is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.
(3) A person who violates this section and by that violation causes a bodily injury requiring medical attention or medical care to an individual described in this section is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.
(4) A person who violates this section and by that violation causes serious impairment of a body function of an individual described in this section is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both.
(5) A person who violates this section and by that violation causes the death of an individual described in this section is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both.
(6) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.
(7) The court may order a term of imprisonment for a violation of this section to be served consecutively to any other term of imprisonment imposed for a violation arising out of the same criminal transaction as the violation of this section.
(8) As used in this section:
(a) "Obstruct" includes the use or threatened use of physical interference or force or a knowing failure to comply with a lawful command.
(b) "Serious impairment of a body function" means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.479 ;-- Am. 2002, Act 270, Eff. July 15, 2002
FormerLaw Notes:
See section 23 of Ch. 156 of R.S. 1846, being CL 1857, § 5842; CL 1871, § 7675; How., § 9257; CL 1897, § 11327; CL 1915, § 14994; CL 1929, § 16585; Act 202 of 1863; and Act 24 of 1869.
Notes of Decisions
Cited in
203
cases (
13 in the last 5 years), 1965–2026 · leading case:
People v. Moreno
People v. Moreno (2012)
mich · cites it 87×
“”18 In Ventura, the Court of Appeals compared the prior version of the resisting-arrest statute, MCL 750.479, to the current version, MCL 750.”
People v. Vasquez (2001)
mich · cites it 32×
“MCL 750.479. Michigan's "resisting and obstructing" statute does not proscribe any manner of interference with a police officer, and it also does not proscribe only conduct that poses a threat to the safety of police officers; rather, it proscribes threatened, either expressly…”
People v. Little (1990)
mich · cites it 10×
“The defendant was charged with a violation of MCL 750.479; MSA 28.747, which is sometimes referred to as the resisting-arrest statute.”
People v. Morris (2016)
michctapp · cites it 4×
“), a plurality of the Court defined among others the terms “resist,” “oppose,” “assault,” and “wound” under another resisting/obstructing statute, MCL 750.479: In the present case, the statute uses the word “obstruct” as part of a list containing five other words, namely,…”
Marrs v. Tuckey (2005)
mied · cites it 18×
“Plaintiff ultimately was charged with resisting and obstructing a police officer in violation of Mich. Comp. Laws § 750.479 , a charge that was dismissed by a state district court judge in May of 2002.”
People v. Ventura (2004)
michctapp · cites it 6×
“*374 I It has been long-standing law in Michigan that under the common law and the earlier resisting arrest statute, MCL 750.479, that “one may use such reasonable force as is necessary to prevent an illegal attachment and to resist an illegal arrest.”
People v. Ventura (2004)
michctapp · cites it 6×
“I It has been long-standing law in Michigan that under the common law and the earlier resisting arrest statute, MCL 750.479, that "one may use such reasonable force as is necessary to prevent an illegal attachment and to resist an illegal arrest.”
In Re Rood (2009)
mich · cites it 2×
“110, in 1999; misdemeanor attempt to resist and obstruct an officer, MCL 750.479, in 2005; misdemeanor domestic violence, MCL 750.”
People v. Smith (1985)
mich · cites it 4×
“305, and to resisting an officer in the discharge of his duty, MCL 750.479; MSA 28.747. At the same proceeding, he pled guilty of being a third felony offender, MCL 769.”
People v. Carpenter (2001)
mich · cites it 2×
“§ 750.479. At his bench trial, defendant presented a diminished capacity defense.”
People v. Green (2004)
michctapp · cites it 3×
“227; resisting or obstructing a police officer, MCL 750.479; driving while under the influence of intoxicating liquor (ouil), MCL 257.”
People v. Rutherford (1994)
michctapp · cites it 4×
“In a separate proceeding, defendant pleaded guilty of resisting and obstructing an officer, MCL 750.479; MSA 28.747, arising out of an altercation with several correction officers that occurred while defendant was in jail awaiting sentencing for his earlier convictions.”
— Mich. Comp. Laws § 750.479(1) — 1 case
— Mich. Comp. Laws § 750.479(1)(3) — 1 case
— Mich. Comp. Laws § 750.479(1)(a) — 2 cases
— Mich. Comp. Laws § 750.479(1)(b) — 4 cases
People v. Moreno (2012)
mich
“”18 In Ventura, the Court of Appeals compared the prior version of the resisting-arrest statute, MCL 750.479, to the current version, MCL 750.”
— Mich. Comp. Laws § 750.479(2) — 7 cases
People v. Moreno (2012)
mich
“”18 In Ventura, the Court of Appeals compared the prior version of the resisting-arrest statute, MCL 750.479, to the current version, MCL 750.”
— Mich. Comp. Laws § 750.479(3) — 1 case
— Mich. Comp. Laws § 750.479(6) — 1 case
People v. Moreno (2012)
mich
“”18 In Ventura, the Court of Appeals compared the prior version of the resisting-arrest statute, MCL 750.479, to the current version, MCL 750.”
— Mich. Comp. Laws § 750.479(8)(a) — 3 cases
People v. Moreno (2012)
mich
“”18 In Ventura, the Court of Appeals compared the prior version of the resisting-arrest statute, MCL 750.479, to the current version, MCL 750.”
— Mich. Comp. Laws § 750.479(a) — 3 cases
— Mich. Comp. Laws § 750.479(a)(3) — 2 cases
— Mich. Comp. Laws § 750.479(a)(5) — 2 cases
— Mich. Comp. Laws § 750.479(b) — 2 cases
— Mich. Comp. Laws § 750.479(l)(b) — 2 cases
People v. Moreno (2012)
mich
“”18 In Ventura, the Court of Appeals compared the prior version of the resisting-arrest statute, MCL 750.479, to the current version, MCL 750.”
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