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

Mich. Comp. Laws § 750.81d (2026)

Assaulting, battering, resisting, obstructing, opposing person performing duty; felony; penalty; other violations; consecutive terms; definitions.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.81d Assaulting, battering, resisting, obstructing, opposing person performing duty; felony; penalty; other violations; consecutive terms; definitions.

Sec. 81d.

    (1) Except as provided in subsections (2), (3), and (4), an individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

    (2) An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties causing a bodily injury requiring medical attention or medical care to that person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.

    (3) An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties causing a serious impairment of a body function of that person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.

    (4) An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties causing the death of that person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both.

    (5) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.

    (6) A term of imprisonment imposed for a violation of this section may run consecutively to any term of imprisonment imposed for another violation arising from the same transaction.

    (7) As used in this section:

    (a) "Obstruct" includes the use or threatened use of physical interference or force or a knowing failure to comply with a lawful command.

    (b) "Person" means any of the following:

    (i) A police officer of this state or of a political subdivision of this state including, but not limited to, a motor carrier officer or capitol security officer of the department of state police.

    (ii) A police officer of a junior college, college, or university who is authorized by the governing board of that junior college, college, or university to enforce state law and the rules and ordinances of that junior college, college, or university.

    (iii) A conservation officer of the department of natural resources or the department of environmental quality.

    (iv) A conservation officer of the United States department of the interior.

    (v) A sheriff or deputy sheriff.

    (vi) A constable.

    (vii) A peace officer of a duly authorized police agency of the United States, including, but not limited to, an agent of the secret service or department of justice.

    (viii) A firefighter.

    (ix) Any emergency medical service personnel described in section 20950 of the public health code, 1978 PA 368, MCL 333.20950.

    (x) An individual engaged in a search and rescue operation as that term is defined in section 50c.

    (c) "Serious impairment of a body function" means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.

History: Add. 2002, Act 266, Eff. July 15, 2002 ;-- Am. 2006, Act 517, Imd. Eff. Dec. 29, 2006

Notes of Decisions
Cited in 583 cases (247 in the last 5 years), 2004–2026 · leading case: People v. Moreno, 814 N.W.2d 624 (Mich. 2012).
Sort: Relevance Newest Treatment
People v. Moreno, 814 N.W.2d 624 (Mich. 2012). · cites it 143× “81d abrogates the common-law right to resist illegal police conduct, including unlawful arrests and unlawful entries into constitutionally protected areas.”
People v. Feeley, 885 N.W.2d 223 (Mich. 2016). · cites it 44× “Defendant was arrested and charged with resisting and obstructing a police officer under MCL 750.81d. Defendant objected to the prosecution’s request for a bindover, arguing that (1) Roberts did not have an articulable suspicion for stopping defendant in the first place, and (2)…”
People v. Morris, 886 N.W.2d 910 (Mich. Ct. App. 2016). · cites it 22× “He also claimed to have blacked out for parts of the encounter.”
People v. Corr, 788 N.W.2d 860 (Mich. Ct. App. 2010). · cites it 12× “” MCL 750.81d(7)(a). First, testimony by the police officers who were at the scene established probable cause to believe that defendant assaulted, battered, resisted, or obstructed a police officer.”
People v. Chapo, 770 N.W.2d 68 (Mich. Ct. App. 2009). · cites it 6× “In connection with this issue, defendant argues that he was denied “procedural due process” because, in response to his posttrial motion, the prosecution responded that it was proceeding under a theory that this element could be proven by evidence that there was probable cause…”
People v. Ventura, 686 N.W.2d 748 (Mich. Ct. App. 2004). · cites it 13× “Because we disagree with the trial court’s finding that MCL 750.81d requires a showing that defendant’s arrest was lawful, we reverse.”
People v. Ventura, 686 N.W.2d 748 (Mich. Ct. App. 2004). · cites it 14× “Because we disagree with the trial court's finding that MCL 750.81d requires a showing that defendant's arrest was lawful, we reverse.”
People v. Nichols, 686 N.W.2d 502 (Mich. Ct. App. 2004). · cites it 11× “Defendant argues that MCL 750.81d is void for vagueness, and that the prosecution abused its discretion when it charged defendant under MCL 750.”
People v. Quinn, 853 N.W.2d 383 (Mich. Ct. App. 2014). · cites it 6× “Additionally, according to Moreno, 491 Mich at 52 , “the prosecution must establish that the officers’ actions were lawful” as an element of resisting or obstructing a police officer under MCL 750.81d. We note that in Moreno , our Supreme Court did not explicitly state, in so…”
People v. Agar, 887 N.W.2d 662 (Mich. Ct. App. 2016). · cites it 9× “Further, while defendant correctly asserts that MCL 750.81d does not abrogate the common law right to resist unlawful police conduct, such as an unlawful arrest or other unlawful invasions of private rights, People v Moreno, 491 Mich 38, 48, 58 ; 814 NW2d 624 (2012), the record…”
People v. Vandenberg, 859 N.W.2d 229 (Mich. Ct. App. 2014). · cites it 4× “Following a jury trial, defendant appeals as of right her convictions of resisting and obstructing a police officer, MCL 750.81d(l), and making or exciting any disturbance or contention, MCL 750.”
People v. Corr, 788 N.W.2d 860 (Mich. Ct. App. 2010). · cites it 12× “The prosecution appeals by leave granted the circuit court's order affirming the district court's decision not to bind over defendant for trial on two counts of assaulting, resisting, and obstructing a police officer, MCL 750.81d(1). We reverse and remand for reinstatement of…”
Show all 583 citing cases →
— Mich. Comp. Laws § 750.81d(1) — 467 cases
People v. Corr, 788 N.W.2d 860 (Mich. Ct. App. 2010). “The prosecution appeals by leave granted the circuit court's order affirming the district court's decision not to bind over defendant for trial on two counts of assaulting, resisting, and obstructing a police officer, MCL 750.81d(1). We reverse and remand for reinstatement of…”
People v. Moreno, 814 N.W.2d 624 (Mich. 2012). “81d abrogates the common-law right to resist illegal police conduct, including unlawful arrests and unlawful entries into constitutionally protected areas.”
People v. Huston, 802 N.W.2d 261 (Mich. 2011).
People v. Agar, 887 N.W.2d 662 (Mich. Ct. App. 2016). “Further, while defendant correctly asserts that MCL 750.81d does not abrogate the common law right to resist unlawful police conduct, such as an unlawful arrest or other unlawful invasions of private rights, People v Moreno, 491 Mich 38, 48, 58 ; 814 NW2d 624 (2012), the record…”
People v. Nichols, 686 N.W.2d 502 (Mich. Ct. App. 2004). “Defendant argues that MCL 750.81d is void for vagueness, and that the prosecution abused its discretion when it charged defendant under MCL 750.”
— Mich. Comp. Laws § 750.81d(2) — 36 cases
People v. Moreno, 814 N.W.2d 624 (Mich. 2012). “81d abrogates the common-law right to resist illegal police conduct, including unlawful arrests and unlawful entries into constitutionally protected areas.”
United States v. Brown, 195 F. Supp. 3d 926 (E.D. Mich. 2016).
Rogers v. Detroit Police Dep't, 595 F. Supp. 2d 757 (E.D. Mich. 2009).
People of Michigan v. Lynn Demetrius Cameron (Mich. Ct. App. 2020).
People of Michigan v. Christopher Lehman Tadgerson (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 750.81d(3) — 14 cases
People v. Thomas, 687 N.W.2d 598 (Mich. Ct. App. 2004).
People v. Jones, 823 N.W.2d 312 (Mich. Ct. App. 2012).
People v. Martz, 836 N.W.2d 243 (Mich. Ct. App. 2013).
People of Michigan v. Kenneth Michael Nordstrom (Mich. Ct. App. 2026).
People of Michigan v. Randall Lemont Beamon (Mich. Ct. App. 2018).
— Mich. Comp. Laws § 750.81d(4) — 1 case
People of Michigan v. Tywantist Donte Potter (Mich. Ct. App. 2021).
— Mich. Comp. Laws § 750.81d(5) — 1 case
People v. Moreno, 814 N.W.2d 624 (Mich. 2012). “81d abrogates the common-law right to resist illegal police conduct, including unlawful arrests and unlawful entries into constitutionally protected areas.”
— Mich. Comp. Laws § 750.81d(6) — 11 cases
People of Michigan v. James Franklin Cook (Mich. Ct. App. 2018).
People of Michigan v. James Franklin Cook (Mich. Ct. App. 2018).
People of Michigan v. Larisio L Johnson (Mich. Ct. App. 2024).
People of Michigan v. Lonnie James Arnold (Mich. Ct. App. 2015).
People of Michigan v. Dennis Eldon Skutt (Mich. Ct. App. 2017).
— Mich. Comp. Laws § 750.81d(7) — 3 cases
People v. Feeley, 885 N.W.2d 223 (Mich. 2016). “Defendant was arrested and charged with resisting and obstructing a police officer under MCL 750.81d. Defendant objected to the prosecution’s request for a bindover, arguing that (1) Roberts did not have an articulable suspicion for stopping defendant in the first place, and (2)…”
20221117_C359110_31_359110.Opn.Pdf (Mich. Ct. App. 2022).
People of Michigan v. Brandy Ruth Hawker (Mich. Ct. App. 2023).
— Mich. Comp. Laws § 750.81d(7)(a) — 85 cases
People v. Moreno, 814 N.W.2d 624 (Mich. 2012). “81d abrogates the common-law right to resist illegal police conduct, including unlawful arrests and unlawful entries into constitutionally protected areas.”
People v. Morris, 886 N.W.2d 910 (Mich. Ct. App. 2016). “He also claimed to have blacked out for parts of the encounter.”
People v. Feeley, 885 N.W.2d 223 (Mich. 2016). “Defendant was arrested and charged with resisting and obstructing a police officer under MCL 750.81d. Defendant objected to the prosecution’s request for a bindover, arguing that (1) Roberts did not have an articulable suspicion for stopping defendant in the first place, and (2)…”
People v. Chapo, 770 N.W.2d 68 (Mich. Ct. App. 2009). “In connection with this issue, defendant argues that he was denied “procedural due process” because, in response to his posttrial motion, the prosecution responded that it was proceeding under a theory that this element could be proven by evidence that there was probable cause…”
People v. Agar, 887 N.W.2d 662 (Mich. Ct. App. 2016). “Further, while defendant correctly asserts that MCL 750.81d does not abrogate the common law right to resist unlawful police conduct, such as an unlawful arrest or other unlawful invasions of private rights, People v Moreno, 491 Mich 38, 48, 58 ; 814 NW2d 624 (2012), the record…”
— Mich. Comp. Laws § 750.81d(7)(b) — 8 cases
People v. Feeley, 885 N.W.2d 223 (Mich. 2016). “Defendant was arrested and charged with resisting and obstructing a police officer under MCL 750.81d. Defendant objected to the prosecution’s request for a bindover, arguing that (1) Roberts did not have an articulable suspicion for stopping defendant in the first place, and (2)…”
People v. Morris, 886 N.W.2d 910 (Mich. Ct. App. 2016). “He also claimed to have blacked out for parts of the encounter.”
People v. Moreno, 814 N.W.2d 624 (Mich. 2012). “81d abrogates the common-law right to resist illegal police conduct, including unlawful arrests and unlawful entries into constitutionally protected areas.”
People v. Corr, 788 N.W.2d 860 (Mich. Ct. App. 2010). “The prosecution appeals by leave granted the circuit court's order affirming the district court's decision not to bind over defendant for trial on two counts of assaulting, resisting, and obstructing a police officer, MCL 750.81d(1). We reverse and remand for reinstatement of…”
People v. Feeley, 876 N.W.2d 847 (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 750.81d(7)(b)(i) — 18 cases
People v. Feeley, 885 N.W.2d 223 (Mich. 2016). “Defendant was arrested and charged with resisting and obstructing a police officer under MCL 750.81d. Defendant objected to the prosecution’s request for a bindover, arguing that (1) Roberts did not have an articulable suspicion for stopping defendant in the first place, and (2)…”
People v. Corr, 788 N.W.2d 860 (Mich. Ct. App. 2010). “” MCL 750.81d(7)(a). First, testimony by the police officers who were at the scene established probable cause to believe that defendant assaulted, battered, resisted, or obstructed a police officer.”
People v. Feeley, 876 N.W.2d 847 (Mich. Ct. App. 2015).
20221117_C359110_31_359110.Opn.Pdf (Mich. Ct. App. 2022).
People of Michigan v. Ryan Scott Feeley (Mich. 2016).
— Mich. Comp. Laws § 750.81d(7)(b)(ix) — 5 cases
People v. Feeley, 885 N.W.2d 223 (Mich. 2016). “Defendant was arrested and charged with resisting and obstructing a police officer under MCL 750.81d. Defendant objected to the prosecution’s request for a bindover, arguing that (1) Roberts did not have an articulable suspicion for stopping defendant in the first place, and (2)…”
20221117_C359110_31_359110.Opn.Pdf (Mich. Ct. App. 2022).
People of Michigan v. Loyd Donald Osborne (Mich. Ct. App. 2018).
People of Michigan v. Loyd Donald Osborne (Mich. Ct. App. 2018).
20250212_C368257_33_368257.Opn.Pdf (Mich. Ct. App. 2025).
— Mich. Comp. Laws § 750.81d(7)(b)(s) — 1 case
People v. Feeley, 873 N.W.2d 305 (Mich. 2016).
— Mich. Comp. Laws § 750.81d(7)(b)(v) — 1 case
People of Michigan v. Christopher Lehman Tadgerson (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 750.81d(7)(b)(viii) — 1 case
People of Michigan v. James Patrick Dargis (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 750.81d(7)(b)(x) — 1 case
People v. Feeley, 885 N.W.2d 223 (Mich. 2016). “Defendant was arrested and charged with resisting and obstructing a police officer under MCL 750.81d. Defendant objected to the prosecution’s request for a bindover, arguing that (1) Roberts did not have an articulable suspicion for stopping defendant in the first place, and (2)…”
— Mich. Comp. Laws § 750.81d(7)(c) — 3 cases
People v. Thomas, 687 N.W.2d 598 (Mich. Ct. App. 2004).
People of Michigan v. Kristjan Prekaj (Mich. Ct. App. 2017).
People of Michigan v. Kristjan Prekaj (Mich. Ct. App. 2017).
— Mich. Comp. Laws § 750.81d(c) — 1 case
People of Michigan v. Troy Lavaughn Jones Jr (Mich. Ct. App. 2024).
— Mich. Comp. Laws § 750.81d(l) — 20 cases
People v. Morris, 886 N.W.2d 910 (Mich. Ct. App. 2016). “He also claimed to have blacked out for parts of the encounter.”
People v. Corr, 788 N.W.2d 860 (Mich. Ct. App. 2010). “” MCL 750.81d(7)(a). First, testimony by the police officers who were at the scene established probable cause to believe that defendant assaulted, battered, resisted, or obstructed a police officer.”
People v. Vandenberg, 859 N.W.2d 229 (Mich. Ct. App. 2014). “Following a jury trial, defendant appeals as of right her convictions of resisting and obstructing a police officer, MCL 750.81d(l), and making or exciting any disturbance or contention, MCL 750.”
People v. Moreno, 814 N.W.2d 624 (Mich. 2012). “81d abrogates the common-law right to resist illegal police conduct, including unlawful arrests and unlawful entries into constitutionally protected areas.”
People v. Chapo, 770 N.W.2d 68 (Mich. Ct. App. 2009). “In connection with this issue, defendant argues that he was denied “procedural due process” because, in response to his posttrial motion, the prosecution responded that it was proceeding under a theory that this element could be proven by evidence that there was probable cause…”
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