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

Mich. Comp. Laws § 750.81a (2026)

Assault; infliction of serious or aggravated injury; penalties; previous convictions; assault of health professional or medical volunteer; enhanced penalties; definitions.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.81a Assault; infliction of serious or aggravated injury; penalties; previous convictions; assault of health professional or medical volunteer; enhanced penalties; definitions.

Sec. 81a.

    (1) Except as otherwise provided in this section, a person who assaults an individual without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both. If the victim of a violation under this subsection is a health professional or medical volunteer and the violation occurs while the victim is performing the victim's duties as a health professional or medical volunteer, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both. The enhanced fine under this subsection does not apply if the defendant is a patient who is receiving treatment from the victim.

    (2) Except as provided in subsection (3), an individual who assaults the individual's spouse or former spouse, an individual with whom the individual has or has had a dating relationship, an individual with whom the individual has had a child in common, or a resident or former resident of the same household without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

    (3) An individual who commits an assault and battery in violation of subsection (2), and who has 1 or more previous convictions for assaulting or assaulting and battering the individual's spouse or former spouse, an individual with whom the individual has or has had a dating relationship, an individual with whom the individual has had a child in common, or a resident or former resident of the same household, in violation of any of the following, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both:

    (a) This section or an ordinance of a political subdivision of this state substantially corresponding to this section.

    (b) Section 81, 82, 83, 84, or 86.

    (c) A law of another state or an ordinance of a political subdivision of another state substantially corresponding to this section or section 81, 82, 83, 84, or 86.

    (4) The operator of a health facility or agency or a hospital or psychiatric hospital shall post a sign in the health facility or agency or hospital or psychiatric hospital in a prominent and visible location that provides that a person, other than a patient receiving treatment, who assaults a health professional or medical volunteer in violation of this section is subject to the enhanced fine provided for in this section and that a patient receiving treatment who assaults a health professional or medical volunteer may still be subject to prosecution under this section.

    (5) As used in this section:

    (a) "Dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.

    (b) "Health facility or agency" means a health facility or agency licensed under article 17 of the public health code, 1978 PA 368, MCL 333.20101 to 333.22260.

    (c) "Health professional" means an individual who is employed or granted privileges by or under contract with a hospital or psychiatric hospital, health facility or agency, health system, or health care provider, whether operated by a governmental unit or a private entity, and whose duties within the scope of that employment, privilege, or contract involve the provision of direct patient care and require licensure, registration, certification, or other regulation or authorization under the public health code, 1978 PA 368, MCL 333.1101 to 333.25211, or who is providing indirect patient care under the direction of a hospital or psychiatric hospital, health facility or agency, health system, or health care provider.

    (d) "Hospital or psychiatric hospital" means a hospital or psychiatric hospital licensed under the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106.

    (e) "Medical volunteer" means an individual who is volunteering at a hospital or psychiatric hospital, health facility or agency, in a health system, or with a health care provider, whether operated by a governmental unit or a private entity, and whose duties as a volunteer involve the provision of direct patient care, or who is providing indirect patient care under the direction of a hospital or psychiatric hospital, health facility or agency, health system, or health care provider.

    

    

History: Add. 1939, Act 237, Eff. Sept. 29, 1939 ;-- CL 1948, 750.81a ;-- Am. 1994, Act 65, Eff. July 1, 1994 ;-- Am. 1999, Act 270, Eff. July 1, 2000 ;-- Am. 2001, Act 190, Eff. Apr. 1, 2002 ;-- Am. 2012, Act 366, Eff. Apr. 1, 2013 ;-- Am. 2023, Act 271, Eff. Mar. 5, 2024

Notes of Decisions
Cited in 182 cases (52 in the last 5 years), 1967–2026 · leading case: People of Michigan v. Benjamin Keith McKewen, 926 N.W.2d 888 (Mich. Ct. App. 2018).
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People of Michigan v. Benjamin Keith McKewen, 926 N.W.2d 888 (Mich. Ct. App. 2018). · cites it 3× “2d 482 , quoting MCL 750.81a(2) (emphasis omitted). The Court recognized, however, that a unique wrinkle exists in this case because the jury did not actually make contradictory findings in reaching two mutually exclusive guilty verdicts.”
People v. Meissner, 812 N.W.2d 37 (Mich. Ct. App. 2011). · cites it 2× “(b) [MCL 750.81a, 750.82, 750.83, 750.84, or 750.”
People v. Datema, 533 N.W.2d 272 (Mich. 1995). · cites it 5× “Pursuant to the dissenting opinion, the most defendant could be charged with is assault and infliction of serious injury, MCL 750.81a; MSA 28.276(1) an offense that carries a maximum one year jail sentence or a $500 fine.”
People v. Wilson, 695 N.W.2d 351 (Mich. Ct. App. 2005). · cites it 4× “82; aggravated assault (domestic), MCL 750.81a(2); and simple assault (domestic), MCL 750.”
People v. Anderson, 772 N.W.2d 792 (Mich. Ct. App. 2009). · cites it 2× “Defendant appeals by delayed leave granted his plea-based conviction of aggravated assault, MCL 750.81a. Defendant was sentenced to 183 days in jail and two years’ probation.”
People v. Joeseype Johnson, 284 N.W.2d 718 (Mich. 1979). · cites it 2× “assault and infliction of serious injury, 1931 PA 328 , as added by 1939 PA 237 ; MCL 750.81a; MSA 28.276(1) 3. felonious assault, 1931 PA 328 ; MCL 750.”
People v. Brown, 296 N.W.2d 121 (Mich. Ct. App. 1980). · cites it 6× “After a jury trial, he was found not guilty on the first two charges, and on the third, was found guilty of the included offense of aggravated assault, MCL 750.81a; MSA 28.276(1). [1] He was sentenced to one year in prison, and now appeals by right.”
People v. Smith, 378 N.W.2d 384 (Mich. 1985). · cites it 2× “270 and MCL 750.81a; MSA 28.276(1). In other instances, one provision labels the crime, and another supplies the penalty.”
People v. Meconi, 746 N.W.2d 881 (Mich. Ct. App. 2008). · cites it 2× “*884 Defendant was charged with aggravated assault, MCL 750.81a, against his cousin, Nikki Kleinsorge.”
People v. Nickens, 685 N.W.2d 657 (Mich. 2004). “3 The trial court also instructed the jury on the offense of aggravated assault, MCL 750.81a(l). However, the jury did not find defendant guilty of this offense and, thus, we express no opinion on the validity of the trial court’s instruction on this offense.”
People v. Kammeraad, 858 N.W.2d 490 (Mich. Ct. App. 2014). “Defendant was convicted by a jury of one count of aggravated assault, MCL 750.81a(l), three counts of resisting, obstructing, or assaulting a police officer, MCL 750.”
People v. Rahilly, 635 N.W.2d 227 (Mich. Ct. App. 2001). · cites it 2× “§ 750.81a. Defendant grabbed the complainant's hand and forced it onto his genitals, then assaulted the complainant's boyfriend.”
Show all 182 citing cases →
— Mich. Comp. Laws § 750.81a(1) — 28 cases
People of Michigan v. Kanieca Enyetta Chapman (Mich. Ct. App. 2018).
People of Michigan v. Kanieca Enyetta Chapman (Mich. Ct. App. 2018).
People of Michigan v. Randy Marsh (Mich. Ct. App. 2016).
People of Michigan v. Samuel Jenkins (Mich. Ct. App. 2023).
People of Michigan v. Diana Lynn Lewis (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 750.81a(2) — 59 cases
People v. Wilson, 695 N.W.2d 351 (Mich. Ct. App. 2005). “82; aggravated assault (domestic), MCL 750.81a(2); and simple assault (domestic), MCL 750.”
People of Michigan v. Benjamin Keith McKewen, 926 N.W.2d 888 (Mich. Ct. App. 2018). “2d 482 , quoting MCL 750.81a(2) (emphasis omitted). The Court recognized, however, that a unique wrinkle exists in this case because the jury did not actually make contradictory findings in reaching two mutually exclusive guilty verdicts.”
People v. Urban, 908 N.W.2d 564 (Mich. Ct. App. 2017).
People of Michigan v. Desirae McKie Glatfelter (Mich. Ct. App. 2019).
People of Michigan v. Scott Kevin Meisterheim (Mich. Ct. App. 2025).
— Mich. Comp. Laws § 750.81a(3) — 38 cases
People of Michigan v. Benjamin Keith McKewen, 926 N.W.2d 888 (Mich. Ct. App. 2018). “2d 482 , quoting MCL 750.81a(2) (emphasis omitted). The Court recognized, however, that a unique wrinkle exists in this case because the jury did not actually make contradictory findings in reaching two mutually exclusive guilty verdicts.”
People of Michigan v. Dorian Lamarr Price, 910 N.W.2d 301 (Mich. 2018).
LaPine v. Romanowski (E.D. Mich. 2022).
People of Michigan v. Daniel Ardis (Mich. Ct. App. 2016).
People of Michigan v. Joel Eusevio Davis (Mich. Ct. App. 2019).
— Mich. Comp. Laws § 750.81a(l) — 5 cases
People v. Nickens, 685 N.W.2d 657 (Mich. 2004). “3 The trial court also instructed the jury on the offense of aggravated assault, MCL 750.81a(l). However, the jury did not find defendant guilty of this offense and, thus, we express no opinion on the validity of the trial court’s instruction on this offense.”
People v. Kammeraad, 858 N.W.2d 490 (Mich. Ct. App. 2014). “Defendant was convicted by a jury of one count of aggravated assault, MCL 750.81a(l), three counts of resisting, obstructing, or assaulting a police officer, MCL 750.”
People v. Dillard, 845 N.W.2d 518 (Mich. Ct. App. 2013).
People v. Heikkinen, 646 N.W.2d 190 (Mich. Ct. App. 2002).
Auto Club Grp. Ins. v. Andrzejewski, 808 N.W.2d 537 (Mich. Ct. App. 2011).
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