THE MICHIGAN PENAL CODE
Act 328 of 1931
750.72 First degree arson.
Sec. 72.
(1) A person who willfully or maliciously burns, damages, or destroys by fire or explosive any of the following or its contents is guilty of first degree arson:
(a) A multiunit building or structure in which 1 or more units of the building are a dwelling, regardless of whether any of the units are occupied, unoccupied, or vacant at the time of the fire or explosion.
(b) Any building or structure or other real property if the fire or explosion results in physical injury to any individual.
(c) A mine.
(2) Subsection (1) applies regardless of whether the person owns the dwelling, building, structure, or mine or its contents.
(3) First degree arson is a felony punishable by imprisonment for life or any term of years or a fine of not more than $20,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater, or both imprisonment and a fine.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1945, Act 260, Eff. Sept. 6, 1945 ;-- CL 1948, 750.72 ;-- Am. 2012, Act 531, Eff. Apr. 3, 2013
FormerLaw Notes:
See section 2 of Act 38 of 1927, being CL 1929, § 16934; and Act 272 of 1929.
Notes of Decisions
Evans v. Michigan, 133 S. Ct. 1069 (2013).
· cites it 5× “Evans argued that Mich. Comp. Laws §750.72 criminal- izes common-law arson, which requires that the structure burned be a dwelling, while the provision under which he was charged, §750.”
People v. Mardlin, 790 N.W.2d 607 (Mich. 2010).
· cites it 4× “Accordingly, the prosecution charged defendant with arson of a dwelling house, MCL 750.72, and burning insured property, MCL 750.”
People v. Nowack, 614 N.W.2d 78 (Mich. 2000).
· cites it 2× “§ 750.72; MSA 28.267. Defendant was thereafter sentenced to concurrent terms of life imprisonment on the felony murder counts, while the arson conviction was vacated.”
People v. Gonzalez, 664 N.W.2d 159 (Mich. 2003).
· cites it 2× “520b(l); and arson of a dwelling house, MCL 750.72. The Court of Appeals affirmed defendant’s first-degree murder convictions, but vacated the CSC I and arson convictions as predicate felonies for defendant’s felony-murder conviction.”
People v. McLeod, 288 N.W.2d 909 (Mich. 1980).
· cites it 4× “FACTS The defendant, Joseph McLeod, was charged with arson, a felony, in violation of MCL 750.72; MSA 28.267. He waived a jury trial and asserted a defense of insanity.”
People v. Barber, 659 N.W.2d 674 (Mich. Ct. App. 2003).
· cites it 3× “321, burning 1 a dwelling house, MCL 750.72, and two counts of burning other real property, MCL 750.”
People v. Perry, 594 N.W.2d 477 (Mich. 1999).
· cites it 2× “[6] MCL 750.72; MSA 28.267. [7] MCL 750.91; MSA 28.”
People v. Conat, 605 N.W.2d 49 (Mich. Ct. App. 2000).
· cites it 2× “A “specified juvenile violation” is defined as any of the following offenses: (1) arson of a dwelling, MCL 750.72; MSA 28.267; (2) assault with intent to commit murder, MCL 750.”
People v. Evans, 810 N.W.2d 535 (Mich. 2012).
· cites it 4× “Other real property is all real property not included in MCL 750.72.” And the People in this case have relied on MCL 750.”
People v. Warren, 615 N.W.2d 691 (Mich. 2000).
· cites it 2× “[16] MCL 750.72; MSA 28.267. [17] Other cases reaffirm Butler's abandonment of Quanstrom's narrow reading of the personal wrong exception.”
— Mich. Comp. Laws § 750.72(1) — 4 cases
— Mich. Comp. Laws § 750.72(1)(a) — 9 cases
— Mich. Comp. Laws § 750.72(1)(b) — 3 cases
— Mich. Comp. Laws § 750.72(3) — 6 cases
— Mich. Comp. Laws § 750.72(a) — 1 case
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