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

Mich. Comp. Laws § 750.78 (2026)

Fire or explosive; prohibited acts; violation as misdemeanor; penalty.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.78 Fire or explosive; prohibited acts; violation as misdemeanor; penalty.

Sec. 78.

    (1) Except as provided in sections 72 to 77, a person shall not do any of the following:

    (a) Willfully and maliciously burn, damage, or destroy by fire or explosive any of the following or its contents:

    (i) Any personal property having a value of $200.00 or more but less than $1,000.00.

    (ii) Any personal property having a value of less than $200.00, if the person has 1 or more prior convictions.

    (iii) Any personal property having a value of less than $200.00.

    (b) Negligently, carelessly, or recklessly set fire to a hotel or motel or its contents, and, by setting that fire, endanger the life or property of another person.

    (2) Subsection (1) applies regardless of whether the person owns the building, structure, hotel, motel, or its contents, or the personal property.

    (3) A violation of this section is a misdemeanor punishable as follows:

    (a) If the person violates subsection (1)(a)(i) or (ii), imprisonment for not more than 1 year and a fine of not more than $2,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater.

    (b) If the person violates subsection (1)(a)(iii) or (b), imprisonment for not more than 93 days and a fine of not more than $500.00 or 3 times the value of the property damaged or destroyed, whichever is greater.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.78 ;-- Am. 2012, Act 533, Eff. Apr. 3, 2013 ;-- Am. 2014, Act 111, Eff. July 9, 2014

FormerLaw Notes:

    See section 1 of Ch. 45 of R.S. 1846, being CL 1857, § 5924; CL 1871, § 7790; How., § 9402; CL 1897, § 11653; CL 1915, § 15424; and CL 1929, § 16942.

Notes of Decisions
Cited in 4 cases, 2010–2020 · leading case: People v. Smith, 793 N.W.2d 666 (Mich. 2010).
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People v. Smith, 793 N.W.2d 666 (Mich. 2010). · cites it 2× “24 In People v Barbee,25 this Court addressed the meaning of interference with the administration of justice within OV 19.”
People of Michigan v. Deshawn Laprence Landers (Mich. Ct. App. 2018). “Relatedly, defendant argues that defense counsel was ineffective for failing to request an instruction for damaging or destroying property by fire or explosive (“destroying property by fire”), MCL 750.78. Defendant’s argument is without merit.”
People of Michigan v. Deshawn Laprence Landers (Mich. Ct. App. 2018). “Relatedly, defendant argues that defense counsel was ineffective for failing to request an instruction for damaging or destroying property by fire or explosive (“destroying property by fire”), MCL 750.78. Defendant’s argument is without merit.”
in Re Gregg Bryan Knight (Mich. Ct. App. 2020). “1 Respondent argues that in restoring petitioner’s gun rights, the trial court erred because petitioner violated his probation, failed to pay restitution while on parole, and failed to pay court ordered restitution and attorney fees.”
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