Section 750.234b - Intentionally discharging firearm at dwelling or occupied structure as felony; penalty; exceptions; definitions. - Michigan Statutes

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.234b Intentionally discharging firearm at dwelling or occupied structure as felony; penalty; exceptions; definitions.

Sec. 234b.

(1) Except as provided in subsection (3) or (4), an individual who intentionally discharges a firearm at a facility that he or she knows or has reason to believe is a dwelling or an occupied structure is guilty of a felony, punishable by imprisonment for not more than 4 years, or a fine of not more than $2,000.00, or both.

(2) An individual who intentionally discharges a firearm in a facility that he or she knows or has reason to believe is an occupied structure in reckless disregard for the safety of any individual is guilty of a felony, punishable by imprisonment for not more than 4 years, or a fine of not more than $2,000.00, or both.

(3) Subsections (1) and (2) do not apply to a peace officer of this state or another state, or of a local unit of government of this state or another state, or of the United States, performing his or her duties as a peace officer.

(4) Subsections (1) and (2) do not apply to an individual who discharges a firearm in self-defense or the defense of another individual.

(5) As used in this section:

(a) "Dwelling" means a facility habitually used by 1 or more individuals as a place of abode, whether or not an individual is present in the facility.

(b) "Occupied structure" means a facility in which 1 or more individuals are present.

(c) "Peace officer" means that term as defined in section 215.

History: Add. 1990, Act 321, Eff. Mar. 28, 1991 ;-- Am. 1992, Act 218, Imd. Eff. Oct. 13, 1992 ;-- Am. 2005, Act 303, Imd. Eff. Dec. 21, 2005