THE MICHIGAN PENAL CODE
Act 328 of 1931
750.74 Third degree arson.
Sec. 74.
(1) Except as provided in sections 72 and 73, a person who does any of the following is guilty of third degree arson:
(a) Willfully or maliciously burns, damages, or destroys by fire or explosive any building or structure, or its contents, regardless of whether it is occupied, unoccupied, or vacant at the time of the fire or explosion.
(b) Willfully and maliciously burns, damages, or destroys by fire or explosive any of the following or its contents:
(i) Any personal property having a value of $20,000.00 or more.
(ii) Any personal property having a value of $1,000.00 or more if the person has 1 or more prior convictions.
(2) Subsection (1) applies regardless of whether the person owns the building, structure, other real property or its contents, or the personal property.
(3) Third degree arson is a felony punishable by imprisonment for not more than 10 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, 750.74 ;-- Am. 1998, Act 312, Eff. Jan. 1, 1999 ;-- Am. 2012, Act 532, Eff. Apr. 3, 2013
FormerLaw Notes:
See section 4 of Act 38 of 1927, being CL 1929, § 16936; and Act 272 of 1929.
Notes of Decisions
People v. Lockridge (2015)
mich · cites it 2×
“73, but arson of a structure that is not a dwelling is only punishable by up to 10 years, MCL 750.74. When the jury returns a verdict finding the defendant guilty of arson of a building that is not a dwelling, the judge cannot find that the building was a dwelling and increase…”
People v. Smith (1985)
mich · cites it 4×
“MCL 750.74; MSA 28.269. On September 29, 1980, Thompson pled guilty in the St.”
People v. Carter (2002)
michctapp · cites it 4×
“§ 750.74(1)(c)(i), false pretenses involving a value greater than $1,000 but less than $20,000, M.”
People v. Walker (1999)
michctapp · cites it 2×
“A jury found defendant guilty of burning personal property over $50 in value, MCL 750.74; MSA 28.269, and malicious destruction of personal property over $100 in value, MCL 750.”
People of Michigan v. Gary Patrick Lewis (2017)
michctapp · cites it 3×
“Defendant was convicted by a jury of four counts of third-degree arson, MCL 750.74, and one count of second-degree arson, MCL 750.”
People v. Smock (1975)
michctapp · cites it 4×
“267, MCLA 750.74; MSA 28.269; People v Rabin, 317 Mich 654 ; 27 NW2d 126 (1947).”
United States v. David Lee (2015)
ca6 · cites it 3×
“On appeal, Lee argues that his prior Michigan conviction of arson of personal property over fifty dollars, Mich. Comp. Laws Ann. § 750.74 (West 1991), was not a crime of violence that rendered him subject to the career offender enhancement.”
People v. Jeffrey Thompson (1982)
michctapp
“” 3 Defendant was charged with arson of personal property over $50, MCL 750.74; MSA 28.269. The date of the offense was August 30, 1980.”
People v. Smock (1976)
mich
“Since it appears that the evidence did not show that a principal was indicated or shown to have set the fires and since it appears that it is an important question of law whether any one can be convicted of aiding and abetting without showing that there was a principal…”
People v. King (1970)
michctapp · cites it 2×
“Bigge (1941), 297 Mich 58 ; 2 Gillespie, Mich Criminal Law and Procedure, (2d ed), § 698, p 888. Reversed and remanded for new trial.”
People v. Reed (1968)
michctapp
“267) relates to the burning of a dwelling house and carries a maximum penalty of 20 years while CL 1948, §48, §750.74 (Stat Ann 1962 Rev § 28.268) relates to the burning of other real property and carries a maximum penalty of 10 years.”
— Mich. Comp. Laws § 750.74(1) — 4 cases
— Mich. Comp. Laws § 750.74(1)(a) — 4 cases
— Mich. Comp. Laws § 750.74(1)(c)(i) — 4 cases
People v. Carter (2002)
michctapp
“§ 750.74(1)(c)(i), false pretenses involving a value greater than $1,000 but less than $20,000, M.”
— Mich. Comp. Laws § 750.74(1)(d)(i) — 1 case
— Mich. Comp. Laws § 750.74(c)(i) — 2 cases
— Mich. Comp. Laws § 750.74(l)(c)(i) — 1 case
People v. Carter (2002)
michctapp
“§ 750.74(1)(c)(i), false pretenses involving a value greater than $1,000 but less than $20,000, M.”
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