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

Mich. Comp. Laws § 750.73 (2026)

Second degree arson.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.73 Second degree arson.

Sec. 73.

    (1) Except as provided in section 72, a person who willfully or maliciously burns, damages, or destroys by fire or explosive a dwelling, regardless of whether it is occupied, unoccupied, or vacant at the time of the fire or explosion, or its contents, is guilty of second degree arson.

    (2) Subsection (1) applies regardless of whether the person owns the dwelling or its contents.

    (3) Second degree arson is a felony punishable by imprisonment for not more than 20 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, 750.73 ;-- Am. 2012, Act 531, Eff. Apr. 3, 2013

FormerLaw Notes:

    See section 3 of Act 38 of 1927, being CL 1929, § 16935; and Act 272 of 1929.

Notes of Decisions
Cited in 143 cases (27 in the last 5 years), 1951–2026 · leading case: Evans v. Michigan, 133 S. Ct. 1069 (2013).
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Evans v. Michigan, 133 S. Ct. 1069 (2013). · cites it 6× “I The State charged Evans with burning “other real prop- erty,” a violation of Mich. Comp. Laws §750.73 (1981). 2 EVANS v.”
People v. Lockridge, 870 N.W.2d 502 (Mich. 2015). · cites it 2× “In our system, arson of a dwelling is punishable by imprisonment for up to 20 years, MCL 750.73, but arson of a structure that is not a dwelling is only punishable by up to 10 years, MCL 750.”
People v. Evans, 810 N.W.2d 535 (Mich. 2012). · cites it 14× “Specifically, the trial court ruled that the prosecution was required to present proof that the burned house was not a dwelling, which is not a required element of MCL 750.”
Michigan v. Tyler, 436 U.S. 499 (1978). · cites it 2× “NOTES [1] In addition, Tyler was convicted of the substantive offenses of burning real property, Mich. Comp. Laws § 750.73 (1970), and burning insured property with intent to defraud, Mich.”
Lichon v. Am. Universal Ins., 459 N.W.2d 288 (Mich. 1990). · cites it 4× “Approximately five weeks later, but before American Universal paid the agreed sum, Lichon was charged with burning real property, MCL 750.73; MSA 28.268. The state accused Mr.”
People v. Sierb, 581 N.W.2d 219 (Mich. 1998). · cites it 4× “§ 750.73; M.S.A. § 28.268, and one count of burning insured property, M.”
People v. Orsie, 268 N.W.2d 278 (Mich. Ct. App. 1978). · cites it 8× “Under count one, he was sentenced to not less than 10 nor more than 15 years in prison and, under count two, he was sentenced to not less than 6 years 8 months nor more than 10 years, the sentences to run concurrently.”
People v. Barber, 659 N.W.2d 674 (Mich. Ct. App. 2003). · cites it 3× “72, and two counts of burning other real property, MCL 750.73. He was sentenced to concurrent terms of six to fifteen years’ imprisonment for the involuntary manslaughter conviction, six to twenty years’ imprisonment for the conviction of burning a dwelling house, and three to…”
People v. Silver, 646 N.W.2d 150 (Mich. 2002). · cites it 2× “MCL 750.73. The jury could have believed just as easily that Mr.”
People v. Barclay, 528 N.W.2d 842 (Mich. Ct. App. 1995). · cites it 2× “278, and one count of arson, MCL 750.73; MSA 28.268. Subsequently, he was sentenced to concurrent terms of life imprisonment for the armed robbery convictions, thirty to sixty years for the assault convictions, and 80 to 120 months for the arson conviction.”
People v. Hanna, 271 N.W.2d 299 (Mich. Ct. App. 1978). · cites it 5× “1 MCL 750.73; MSA 28.'268. 2 MCL 750.73; MSA 28.”
People v. Hall, 643 N.W.2d 253 (Mich. Ct. App. 2002). · cites it 2× “316, arson of real property, MCL 750.73, assault with intent to rob while armed, MCL 750.”
Show all 143 citing cases →
— Mich. Comp. Laws § 750.73(1) — 50 cases
People of Michigan v. Gary Patrick Lewis, 910 N.W.2d 404 (Mich. Ct. App. 2017).
Sindone (E.D. Mich. 2026).
People of Michigan v. Christopher Louis Sindone (Mich. Ct. App. 2019).
People of Michigan v. Larry Windell Hicks Jr (Mich. Ct. App. 2024).
People of Michigan v. Lemont Santez Ringo (Mich. Ct. App. 2017).
— Mich. Comp. Laws § 750.73(3) — 1 case
People of Michigan v. George William Winters (Mich. Ct. App. 2017).
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