Michigan Compiled Laws

Mich. Comp. Laws § 750.5 (2026)

“Crime” defined.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.5 “Crime” defined.

Sec. 5.

    "Crime" means an act or omission forbidden by law which is not designated as a civil infraction, and which is punishable upon conviction by any 1 or more of the following:

    (a) Imprisonment.

    (b) Fine not designated a civil fine.

    (c) Removal from office.

    (d) Disqualification to hold an office of trust, honor, or profit under the state.

    (e) Other penal discipline.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.5 ;-- Am. 1978, Act 513, Eff. Mar. 30, 1979

Notes of Decisions
Cited in 18 cases (4 in the last 5 years), 1970–2024 · leading case: Huron Twp. v. City Disposal Sys., Inc., 531 N.W.2d 153 (Mich. 1995).
Huron Twp. v. City Disposal Sys., Inc., 531 N.W.2d 153 (Mich. 1995). · cites it 8× “Hence, we must determine whether the acts forbidden in Ordinance 88-6 are in reality crimes under MCL 750.5; MSA 28.195. To make this determination, it is necessary to examine how "crime" is defined in MCL 750.”
United States v. Scott, 990 F.3d 94 (2d Cir. 2021). “17-A, §§ 2(2)–(3), 103-B; Mich. Comp. Laws Ann. §§ 750.5 , 750.10; Mo.”
People v. Earl, 845 N.W.2d 721 (Mich. 2014). “” MCL 750.5. Accordingly the Legislature’s decision to use the term “assess” as opposed to “fine” or another similar term within the Crime Victim’s Rights Act implies a nonpunitive intent.”
Dawson v. Sec'y of State, 739 N.W.2d 339 (Mich. Ct. App. 2007). · cites it 2× “" MCL 750.5(b). Several other sections of the Michigan Compiled Laws contain a reference to "a fine that is not a civil fine.”
Sanchez v. Eagle Alloy, Inc., 658 N.W.2d 510 (Mich. Ct. App. 2003). “MCL 750.5 provides the following definition of “crime”: “Crime” means an act or omission forbidden by law which is not designated as a civil infraction, and which is *670 punishable upon conviction by any 1 or more of the following: (a) Imprisonment.”
People v. Antkoviak, 619 N.W.2d 18 (Mich. Ct. App. 2000). · cites it 2× “195 defines the word “crime” as an act or omission forbidden by law which is not designated as a civil infraction, and which is punishable upon conviction by any 1 or more of the following: (a) Imprisonment. (b) Fine not designated a civil fine.”
Grievance Adm'r v. Deutch, 565 N.W.2d 369 (Mich. 1997). · cites it 2× “§ 750.5; M.S.A. § 28.195. Respondents Deutch and Howell were both convicted of offenses punishable by fines and incarceration.”
Taylor v. Walter, 180 N.W.2d 24 (Mich. 1970). · cites it 2× “Sarnoff [1942], 302 Mich 266, 272 ), and is presently ordained by § 5 of chapter 1 of onr penal code (MCLA § 750.5; Stat Ann 1962 Rev § 28.195).”
Huron Twp. v. City Disposal Sys., Inc., 505 N.W.2d 897 (Mich. Ct. App. 1993). “MCL 750.5; MSA 28.195 defines "crime” in part as follows: "Crime” means an act or omission forbidden by law which is not designated as a civil infraction, and which is punishable upon conviction by any 1 or more of the following: (a) Imprisonment (b) Fine not designated a civil…”
People v. Schomaker, 323 N.W.2d 461 (Mich. Ct. App. 1982). “In addition, the definition of a "crime” in MCL 750.5; MSA 28.195 has been changed. While a crime used to be defined as an act or omission forbidden by law punishable, inter alia, by a fine, a crime is now defined as "an act or omission forbidden by law which is not designated…”
People v. Holley, 747 N.W.2d 856 (Mich. 2008). · cites it 2× “See MCL 750.5 ("`Crime' means an act or omission forbidden by law.”
People v. Goodwin, 245 N.W.2d 96 (Mich. Ct. App. 1976). “*473 In MCLA 750.5; MSA 28.195, a "crime” is defined as "an act or omission forbidden by law” and punishable by, among other things, a fine or imprisonment.”
— Mich. Comp. Laws § 750.5(b) — 1 case
Dawson v. Sec'y of State, 739 N.W.2d 339 (Mich. Ct. App. 2007). “" MCL 750.5(b). Several other sections of the Michigan Compiled Laws contain a reference to "a fine that is not a civil fine.”
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