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

Mich. Comp. Laws § 750.77 (2026)

Fifth degree arson.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.77 Fifth degree arson.

Sec. 77.

    (1) Except as provided in sections 72 to 76, a person who intentionally damages or destroys by fire or explosive any personal property having a value of $1,000.00 or less and who has 1 or more prior convictions is guilty of fifth degree arson.

    (2) Subsection (1) applies regardless of whether the person owns the personal property.

    (3) Fifth degree arson is a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater, or both imprisonment and a fine.

    (4) As used in this section:

    (a) "Personal property" includes an automobile, van, truck, motorcycle, trailer, and other personally owned property.

    (b) "Prior conviction" means a prior conviction for a violation of this chapter that arises out of a separate transaction from the violation of this section.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1945, Act 260, Eff. Sept. 6, 1945 ;-- CL 1948, 750.77 ;-- Am. 1998, Act 312, Eff. Jan. 1, 1999 ;-- Am. 2012, Act 533, Eff. Apr. 3, 2013

Notes of Decisions
Cited in 19 cases, 1968–2019 · leading case: People v. Hill, 667 N.W.2d 78 (Mich. Ct. App. 2003).
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People v. Hill, 667 N.W.2d 78 (Mich. Ct. App. 2003). · cites it 10× “MCL 750.77 provides in pertinent part: (1) A person who uses, arranges, places, devises, or distributes an inflammable, combustible, or explosive material, liquid, or substance or any device in or near a building or property .”
People v. Chelmicki, 850 N.W.2d 612 (Mich. Ct. App. 2014). · cites it 3× “MCL 750.77(l)(d)(¿), as amended by 1998 PA 312 .”
Frankenmuth Mut. Ins. v. Piccard, 489 N.W.2d 422 (Mich. 1992). · cites it 2× “MCL 750.77; MSA 28.272. See also 12 Michigan Practice, § 10.”
People v. Robinson, 194 N.W.2d 436 (Mich. Ct. App. 1971). · cites it 10× “268); (2) placing, using or distributing any inflammable, combustible or explosive material in or about any building with intent to wilfully and maliciously burn, contrary to MCLA § 750.77 (Stat Ann 1962 Rev § 28.272); and (3) placing explosives with intent to destroy property…”
People v. Kelley, 188 N.W.2d 654 (Mich. Ct. App. 1971). · cites it 4× “Count 2 of the information charged that Kelley arranged and placed an inflammable liquid, to-wit: gasoline, in and about the second-floor dance hall with the intent to burn the dance hall, contrary to MCLA § 750.77 (Stat Ann 1962 Rev § 28.272).”
People v. Jeffrey Thompson, 323 N.W.2d 656 (Mich. Ct. App. 1982). · cites it 2× “This sentence was to run consecu *212 tively to a sentence of from 16 to 24 months defendant was already serving as a result of a plea-based conviction of attempted setting fire to personal property over $50, MCL 750.77; MSA 28.272. This latter conviction is a misdemeanor…”
People v. Foster, 302 N.W.2d 862 (Mich. Ct. App. 1981). · cites it 2× “Defendant next contends that the trial court erred by refusing to charge on the lesser offenses of preparation to burn, MCL 750.77; MSA 28.272, and malicious destruction of real property, MCL 750.”
People v. Hayes, 301 N.W.2d 828 (Mich. 1981). “_ 1 MCL 750.77; MSA 28.272 provides: "Any person who shall in any manner use, arrange, place, devise or distribute any inflammable, combustible or explosive material, liquid or substance, or any device in or about any building or property mentioned in the foregoing sections of…”
People v. Horowitz, 194 N.W.2d 375 (Mich. Ct. App. 1971). · cites it 2× “270); MCLA § 750.77 (Stat Ann 1962 Rev § 28.272).”
People v. Hart, 341 N.W.2d 864 (Mich. Ct. App. 1983). “Defendant pled guilty to Count II of the information, preparation to burn real proeprty, MCL 750.77; MSA 28.272, in return for the dismissal of Count I, felonious assault, MCL 750.”
People v. Shafou, 330 N.W.2d 647 (Mich. 1982). “MCL 750.77; MSA 28.272. MCL 750.503; MSA 28.”
People v. Stanton, 476 N.W.2d 477 (Mich. Ct. App. 1991). “1 Reasoning that gasoline, although capable of exploding, was not commonly used or intended as an explosive, and that the use of incendiary or flammable substances to cause property destruction and personal injury is separately punished as a felony, MCL 750.77; MSA 28.272, this…”
Show all 19 citing cases →
— Mich. Comp. Laws § 750.77(1) — 1 case
People v. Hill, 667 N.W.2d 78 (Mich. Ct. App. 2003). “MCL 750.77 provides in pertinent part: (1) A person who uses, arranges, places, devises, or distributes an inflammable, combustible, or explosive material, liquid, or substance or any device in or near a building or property .”
— Mich. Comp. Laws § 750.77(1)(d)(i) — 2 cases
People of Michigan v. Walter Oliver Jr (Mich. Ct. App. 2015).
People of Michigan v. Walter Oliver Jr (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 750.77(l)(d) — 1 case
People v. Chelmicki, 850 N.W.2d 612 (Mich. Ct. App. 2014). “MCL 750.77(l)(d)(¿), as amended by 1998 PA 312 .”
— Mich. Comp. Laws § 750.77(l)(d)(i) — 2 cases
People v. Hill, 667 N.W.2d 78 (Mich. Ct. App. 2003). “MCL 750.77 provides in pertinent part: (1) A person who uses, arranges, places, devises, or distributes an inflammable, combustible, or explosive material, liquid, or substance or any device in or near a building or property .”
People v. Chelmicki, 850 N.W.2d 612 (Mich. Ct. App. 2014). “MCL 750.77(l)(d)(¿), as amended by 1998 PA 312 .”
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