750.380 Willful and malicious destruction of property; house, barn, or building of another.

1,019 words·~5 min read·/mi/chapter-750/750-380

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Sec. 380.

(1)A person shall not willfully and maliciously destroy or injure another person's house, barn, or other building or its appurtenances.

(2)If any of the following apply, a person who violates subsection

(1)is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the amount of the destruction or injury, whichever is greater, or both imprisonment and a fine:

(a)The amount of the destruction or injury is $20,000.00 or more.

(b)The person violates subsection (3)(a) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (4)(b), (5)(b), (6), or (7).

(3)If any of the following apply, a person who violates subsection

(1)is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the amount of the destruction or injury, whichever is greater, or both imprisonment and a fine:

(a)The amount of the destruction or injury is $1,000.00 or more but less than $20,000.00.

(b)The person violates subsection (4)(a) and has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (4)(b), (5)(b), (6), or (7).

(4)If any of the following apply, a person who violates subsection

(1)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 3 times the amount of the destruction or injury, whichever is greater, or both imprisonment and a fine:

(a)The amount of the destruction or injury is $200.00 or more but less than $1,000.00.

(b)The person violates subsection

(6)or

(7)and has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section.

(5)If the person and the property owner are spouses or former spouses, have or have had a dating relationship, have or have had a child in common, or are residents or former residents of the same household and if any of the following apply, the person who violates subsection

(a)The amount of the destruction or injury is $200.00 or more but less than $1,000.00.

(b)The person violates subsection

(6)or

(7)and has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section.

(6)If the amount of the destruction or injury is less than $200.00, a person who violates subsection

(1)is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the amount of the destruction or injury, whichever is greater, or both imprisonment and a fine.

(7)If the person and the property owner are spouses or former spouses, have or have had a dating relationship, have or have had a child in common, or are residents or former residents of the same household and if the amount of the destruction or injury is less than $200.00, the person who violates subsection

(8)The amounts of the destruction or injury in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total amount of the destruction or injury.

(9)If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant's prior conviction or convictions must be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:

(a)A copy of the judgment of conviction.

(b)A transcript of a prior trial, plea-taking, or sentencing.

(c)Information contained in a presentence report.

(d)The defendant's statement.

(10)If the sentence for a conviction under this section is enhanced by 1 or more prior convictions, those prior convictions must not be used to further enhance the sentence for the conviction pursuant to section 10, 11, or 12 of chapter IX of the code of criminal procedure, 1927 PA 175, 769.10, 769.11, and 769.12.

(11)As used in this section, "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.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.380 ;-- Am. 1957, Act 69, Eff. Sept. 27, 1957 ;-- Am. 1998, Act 311 , Eff. Jan. 1, 1999 ;-- Am. 2023, Act 199 , Eff. Feb. 13, 2024

Former Law: See section 48 of Ch. 154 of R.S. 1846, being CL 1857, § 5792; CL 1871, § 7599; How., § 9170; CL 1897, § 11584; CL 1915, § 15329; CL 1929, § 16925; and Act 31 of 1877.