§ 750.81Assault or assault and battery; penalties; previous convictions; exception; assault

en · 5,997 chars · active
of health professional or medical volunteer; enhanced penalties; definitions.
 Sec. 81.
    (1) Except as otherwise provided in this section, a person who assaults or assaults and
 batters an individual, if no other punishment is prescribed by law, is guilty of a misdemeanor
 punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, 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 93 days or a fine of not more than $1,000.00, 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), (4), or (5), an individual who assaults or assaults
 and batters 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 individual's household, is guilty of a
 misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more
 than $500.00, or both.
    (3) An individual who assaults or assaults and batters an individual who is pregnant and
 who knows the individual is pregnant is guilty of a misdemeanor punishable by imprisonment
 for not more than 93 days or a fine of not more than $500.00, or both.
    (4) An individual who commits an assault or an assault and battery in violation of
 subsection (2) or (3), and who has previously been convicted of assaulting or assaulting and
 battering an individual described in either subsection (2) or subsection (3) under any of the
 following, 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:
    (a) This section or an ordinance of a political subdivision of this state substantially
 corresponding to this section.
    (b) Section 81a, 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 81a, 82, 83, 84, or 86.
    (5) An individual who commits an assault or an assault and battery in violation of
 subsection (2) or (3), and who has 2 or more previous convictions for assaulting or assaulting
 and battering an individual described in either subsection (2) or subsection (3) under 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 81a, 82, 83, 84, or 86.


                                                                  Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026            Page 47 of 465                               Courtesy of legislature.mi.gov

    (c) A law of another state or an ordinance of a political subdivision of another state
 substantially corresponding to this section or section 81a, 82, 83, 84, or 86.
    (6) This section does not apply to an individual using necessary reasonable physical force in
 compliance with section 1312 of the revised school code, 1976 PA 451, MCL 380.1312.
    (7) 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.
    (8) 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.

Primary source. The text above is the canonical statute body as it appears in this revision of the atlas. Verify against the official gazette before quoting in litigation or formal advice. Spot an error? Suggest a correction.