THE MICHIGAN PENAL CODE
Act 328 of 1931
750.543b Definitions.
Sec. 543b.
As used in this chapter:
(a) "Act of terrorism" means a willful and deliberate act that is all of the following:
(i) An act that would be a violent felony under the laws of this state, whether or not committed in this state.
(ii) An act that the person knows or has reason to know is dangerous to human life.
(iii) An act that is intended to intimidate or coerce a civilian population or influence or affect the conduct of government or a unit of government through intimidation or coercion.
(b) "Dangerous to human life" means that which causes a substantial likelihood of death or serious injury or that is a violation of section 349 or 350.
(c) "Harmful biological substance", "harmful biological device", "harmful chemical substance", "harmful chemical device", "harmful radioactive material", and "harmful radioactive device" mean those terms as defined in section 200h.
(d) "Material support or resources" means currency or other financial securities, financial services, lodging, training, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, including any related physical assets or intangible property, or expert services or expert assistance.
(e) "Person" means an individual, agent, association, charitable organization, corporation, joint apprenticeship committee, joint stock company, labor organization, legal representative, mutual company, partnership, receiver, trust, trustee, trustee in bankruptcy, unincorporated organization, or any other legal or commercial entity.
(f) "Renders criminal assistance" means that the person with the intent to avoid, prevent, hinder, or delay the discovery, apprehension, prosecution, trial, or sentencing of a person who he or she knows or has reason to know has violated this chapter or is wanted as a material witness in connection with an act of terrorism pursuant to section 39 of chapter VII of the code of criminal procedure, 1927 PA 175, MCL 767.39, does any of the following:
(i) Harbors or conceals that other person.
(ii) Warns that other person of impending discovery or apprehension.
(iii) Provides that other person with money, transportation, a weapon, a disguise, or false identification, or any other means of avoiding discovery or apprehension.
(iv) Prevents or obstructs, by means of force, intimidation, or deception, anyone from performing an act that might aid in the discovery, apprehension, or prosecution of that other person.
(v) Suppresses, by any act of concealment, alteration, or destruction, any physical evidence that might aid in the discovery, apprehension, or prosecution of that other person.
(vi) Engages in conduct proscribed under section 120, 120a, or 122 or chapter XXXII.
(g) "Terrorist" means any person who engages or is about to engage in an act of terrorism.
(h) "Violent felony" means a felony in which an element is the use, attempted use, or threatened use of physical force against an individual, or the use, attempted use, or threatened use of a harmful biological substance, a harmful biological device, a harmful chemical substance, a harmful chemical device, a harmful radioactive substance, a harmful radioactive device, an explosive device, or an incendiary device.
History: Add. 2002, Act 113, Eff. Apr. 22, 2002
Notes of Decisions
Cited in
26
cases (
12 in the last 5 years), 2007–2026 · leading case:
People v. Osantowski, 748 N.W.2d 799 (Mich. 2008).
People v. Osantowski, 748 N.W.2d 799 (Mich. 2008).
· cites it 25× “In a published opinion, the Court of Appeals reversed, concluding that defendant's threats to use an incendiary or explosive device required a score of 100 points.”
People v. Hardy; People v. Glenn, 494 Mich. 430 (Mich. 2013).
· cites it 6× “Under OV 20, an “act of terrorism” is defined by referring to the definition set forth in the Michigan Anti-Terrorism Act, MCL 750.543b, which was also enacted in 2002.”
People v. Osantowski, 736 N.W.2d 289 (Mich. Ct. App. 2007).
· cites it 12× “It is absolutely clear from the context in which the term “threat” appears that the Legislature sought to prevent the communication of an intent to engage in behavior that constituted or encompassed an “act of terrorism” as defined by MCL 750.543b. This intent is especially…”
People v. Carrier, 867 N.W.2d 463 (Mich. Ct. App. 2015).
“” MCL 750.543b(a) defines an “act of terrorism,” providing: *102 “Act of terrorism” means a willful and deliberate act that is all of the following: (i) An act that would be a violent felony under the laws of this state, whether or not committed in this state.”
People of Michigan v. Sean William Quigley (Mich. Ct. App. 2016).
· cites it 20× “” MCL 750.543b(a), in turn, defines an act of terrorism: 1 The prosecutor did not abuse her power by charging defendant under the Act.”
People of Michigan v. Joseph Matthew Morrison (Mich. Ct. App. 2026).
· cites it 10× “[MCL 750.543b(a) (emphasis added).] A “violent felony” is defined as follows: [A] felony in which an element is the use, attempted use, or threatened use of physical force against an individual, or the use, attempted use, or threatened use of a harmful biological substance, a…”
People of Michigan v. Wilson Thompson Byczek (Mich. Ct. App. 2021).
· cites it 7× “] Section 543b of the act, MCL 750.543b, defines the terms “act of terrorism,” “dangerous to human life,” and “violent felony” as follows: As used in this chapter: (a) “Act of terrorism” means a willful and deliberate act that is all of the following: (i) An act that would be a…”
People of Michigan v. Henry Earl Lowe (Mich. Ct. App. 2019).
· cites it 5× “25 points (d) The offender did not commit an act of terrorism or support an act of terrorism, a terrorist, or a terrorist organization…….”
People of Michigan v. Lucas Daniel Gerhard (Mich. Ct. App. 2021).
· cites it 4× “MCL 750.543b(a) defines an “act of terrorism” as a willful and deliberate act that is all of the following: (i) An act that would be a violent felony under the laws of this state, whether or not committed in this state.”
— Mich. Comp. Laws § 750.543b(a) — 19 cases
People v. Osantowski, 748 N.W.2d 799 (Mich. 2008).
“In a published opinion, the Court of Appeals reversed, concluding that defendant's threats to use an incendiary or explosive device required a score of 100 points.”
People v. Osantowski, 736 N.W.2d 289 (Mich. Ct. App. 2007).
“It is absolutely clear from the context in which the term “threat” appears that the Legislature sought to prevent the communication of an intent to engage in behavior that constituted or encompassed an “act of terrorism” as defined by MCL 750.543b. This intent is especially…”
People v. Carrier, 867 N.W.2d 463 (Mich. Ct. App. 2015).
“” MCL 750.543b(a) defines an “act of terrorism,” providing: *102 “Act of terrorism” means a willful and deliberate act that is all of the following: (i) An act that would be a violent felony under the laws of this state, whether or not committed in this state.”
— Mich. Comp. Laws § 750.543b(a)(i) — 5 cases
People of Michigan v. Joseph Matthew Morrison (Mich. Ct. App. 2026).
“[MCL 750.543b(a) (emphasis added).] A “violent felony” is defined as follows: [A] felony in which an element is the use, attempted use, or threatened use of physical force against an individual, or the use, attempted use, or threatened use of a harmful biological substance, a…”
— Mich. Comp. Laws § 750.543b(a)(ii) — 3 cases
People v. Osantowski, 748 N.W.2d 799 (Mich. 2008).
“In a published opinion, the Court of Appeals reversed, concluding that defendant's threats to use an incendiary or explosive device required a score of 100 points.”
People of Michigan v. Joseph Matthew Morrison (Mich. Ct. App. 2026).
“[MCL 750.543b(a) (emphasis added).] A “violent felony” is defined as follows: [A] felony in which an element is the use, attempted use, or threatened use of physical force against an individual, or the use, attempted use, or threatened use of a harmful biological substance, a…”
— Mich. Comp. Laws § 750.543b(a)(iii) — 7 cases
People v. Osantowski, 748 N.W.2d 799 (Mich. 2008).
“In a published opinion, the Court of Appeals reversed, concluding that defendant's threats to use an incendiary or explosive device required a score of 100 points.”
— Mich. Comp. Laws § 750.543b(b) — 4 cases
People of Michigan v. Joseph Matthew Morrison (Mich. Ct. App. 2026).
“[MCL 750.543b(a) (emphasis added).] A “violent felony” is defined as follows: [A] felony in which an element is the use, attempted use, or threatened use of physical force against an individual, or the use, attempted use, or threatened use of a harmful biological substance, a…”
— Mich. Comp. Laws § 750.543b(c) — 1 case
People of Michigan v. Wilson Thompson Byczek (Mich. Ct. App. 2021).
“] Section 543b of the act, MCL 750.543b, defines the terms “act of terrorism,” “dangerous to human life,” and “violent felony” as follows: As used in this chapter: (a) “Act of terrorism” means a willful and deliberate act that is all of the following: (i) An act that would be a…”
— Mich. Comp. Laws § 750.543b(d) — 1 case
People of Michigan v. Wilson Thompson Byczek (Mich. Ct. App. 2021).
“] Section 543b of the act, MCL 750.543b, defines the terms “act of terrorism,” “dangerous to human life,” and “violent felony” as follows: As used in this chapter: (a) “Act of terrorism” means a willful and deliberate act that is all of the following: (i) An act that would be a…”
— Mich. Comp. Laws § 750.543b(g) — 1 case
People v. Osantowski, 736 N.W.2d 289 (Mich. Ct. App. 2007).
“It is absolutely clear from the context in which the term “threat” appears that the Legislature sought to prevent the communication of an intent to engage in behavior that constituted or encompassed an “act of terrorism” as defined by MCL 750.543b. This intent is especially…”
— Mich. Comp. Laws § 750.543b(h) — 8 cases
People v. Osantowski, 748 N.W.2d 799 (Mich. 2008).
“In a published opinion, the Court of Appeals reversed, concluding that defendant's threats to use an incendiary or explosive device required a score of 100 points.”
People v. Osantowski, 736 N.W.2d 289 (Mich. Ct. App. 2007).
“It is absolutely clear from the context in which the term “threat” appears that the Legislature sought to prevent the communication of an intent to engage in behavior that constituted or encompassed an “act of terrorism” as defined by MCL 750.543b. This intent is especially…”
People of Michigan v. Joseph Matthew Morrison (Mich. Ct. App. 2026).
“[MCL 750.543b(a) (emphasis added).] A “violent felony” is defined as follows: [A] felony in which an element is the use, attempted use, or threatened use of physical force against an individual, or the use, attempted use, or threatened use of a harmful biological substance, a…”
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