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building or personal property with intent to commit arson of any degree; aiding or
 abetting; total value of property; enhanced sentence; prior convictions.
 Sec. 79.
    (1) A person who uses, arranges, places, devises, or distributes an inflammable,
 combustible, or explosive material, liquid, or substance or any device in or near a building,
 structure, other real property, or personal property with the intent to commit arson in any
 degree or who aids, counsels, induces, persuades, or procures another to do so is guilty of a
 crime as follows:
    (a) If the property has a combined value of less than $200.00, the person 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 combined value of the property damaged or destroyed, whichever
 is greater, or both imprisonment and a fine.
    (b) If any of the following apply, 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 3 times the
 combined value of the property damaged or destroyed, whichever is greater, or both
 imprisonment and a fine:
    (i) The property has a combined value of $200.00 or more but less than $1,000.00.
    (ii) The person violates subdivision (a) 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.
    (c) If any of the following apply, the person 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
 combined value of the property damaged or destroyed, whichever is greater, or both
 imprisonment and a fine:
    (i) The property has a combined value of $1,000.00 or more but less than $20,000.00.
    (ii) The person violates subdivision (b)(i) and has 1 or more prior convictions for violating
 or attempting to violate this section. For purposes of this subparagraph, however, a prior
 conviction does not include a conviction for a violation or attempted violation of subdivision
 (a) or (b)(ii).
    (iii) Except as provided in subdivisions (d) and (e), the property is a building, structure, or
 real property. This subparagraph applies regardless of whether the person owns the building,
 structure, or other real property.
    (d) If any of the following apply, the person 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
 combined value of the property damaged or destroyed, whichever is greater, or both
 imprisonment and a fine:
    (i) The property has a combined value of $20,000.00 or more.



                                                                 Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026            Page 45 of 465                              Courtesy of legislature.mi.gov

    (ii) The person violates subdivision (c)(i) and has 2 or more prior convictions for
 committing or attempting to commit an offense under this section. For purposes of this
 subparagraph, however, a prior conviction does not include a conviction for committing or
 attempting to commit an offense for a violation or attempted violation of subdivision (a) or (b)
 (ii).
    (iii) The property has a value of more than $2,000.00 and is insured against loss by fire or
 explosion and the person intended to defraud the insurer.
    (iv) Except as provided in subdivisions (c)(iii) and (e) and subparagraphs (v) and (vi), the
 property is a building, structure, or other real property, and the fire or explosion results in
 injury to any individual. This subparagraph applies regardless of whether the person owns the
 building, structure, or other real property.
    (v) Except as provided in subdivisions (c)(iii) and (e) and subparagraph (vi), the property is
 a building, structure, or other real property and insured against loss from fire or explosion, and
 the person intended to defraud the insurer. This subparagraph applies regardless of whether the
 person owns the building, structure, or other real property.
    (vi) The property is a dwelling. This subparagraph applies regardless of whether the person
 owns the dwelling.
    (e) If any of the following apply, the person is guilty of a felony punishable by
 imprisonment for not more than 15 years or a fine of not more than $20,000.00 or 3 times the
 combined value of the property intended to be burned or destroyed, whichever is greater, or
 both imprisonment and a fine:
    (i) The property is a dwelling and is insured against loss by fire or explosion and the person
 intended to defraud the insurer. This subparagraph applies regardless of whether the person
 owns the property.
    (ii) The property is a dwelling and the fire or explosion results in physical injury to any
 individual.
    (2) The combined value of property intended to be burned in separate incidents pursuant to
 a scheme or course of conduct within any 12-month period may be aggregated to determine
 the total value of property damaged or destroyed.
    (3) 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 shall 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) The total value of property damaged or destroyed.
    (b) A transcript of a prior trial, plea-taking, or sentencing.
    (c) Information contained in a presentence report.
    (d) The defendant's statement.
    (4) If the sentence for a conviction under this section is enhanced by 1 or more prior
 convictions, those prior convictions shall not be used to further enhance the sentence for the
 conviction under section 10, 11, or 12 of chapter IX of the code of criminal procedure, 1927
 PA 175, MCL 769.10, 769.11, and 769.12.