§ 750.110aDefinitions; home invasion; first degree; second degree; third degree; penalties

Sec. 110a.
    (1) As used in this section:
    (a) "Dwelling" means a structure or shelter that is used permanently or temporarily as a
 place of abode, including an appurtenant structure attached to that structure or shelter.
    (b) "Dangerous weapon" means 1 or more of the following:


                                                                   Michigan Compiled Laws Complete Through PA 91 of 2026
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    (i) A loaded or unloaded firearm, whether operable or inoperable.
    (ii) A knife, stabbing instrument, brass knuckles, blackjack, club, or other object specifically
 designed or customarily carried or possessed for use as a weapon.
    (iii) An object that is likely to cause death or bodily injury when used as a weapon and that
 is used as a weapon or carried or possessed for use as a weapon.
    (iv) An object or device that is used or fashioned in a manner to lead a person to believe the
 object or device is an object or device described in subparagraphs (i) to (iii).
    (c) "Without permission" means without having obtained permission to enter from the
 owner or lessee of the dwelling or from any other person lawfully in possession or control of
 the dwelling.
    (2) A person who breaks and enters a dwelling with intent to commit a felony, larceny, or
 assault in the dwelling, a person who enters a dwelling without permission with intent to
 commit a felony, larceny, or assault in the dwelling, or a person who breaks and enters a
 dwelling or enters a dwelling without permission and, at any time while he or she is entering,
 present in, or exiting the dwelling, commits a felony, larceny, or assault is guilty of home
 invasion in the first degree if at any time while the person is entering, present in, or exiting the
 dwelling either of the following circumstances exists:
    (a) The person is armed with a dangerous weapon.
    (b) Another person is lawfully present in the dwelling.
    (3) A person who breaks and enters a dwelling with intent to commit a felony, larceny, or
 assault in the dwelling, a person who enters a dwelling without permission with intent to
 commit a felony, larceny, or assault in the dwelling, or a person who breaks and enters a
 dwelling or enters a dwelling without permission and, at any time while he or she is entering,
 present in, or exiting the dwelling, commits a felony, larceny, or assault is guilty of home
 invasion in the second degree.
    (4) A person is guilty of home invasion in the third degree if the person does either of the
 following:
    (a) Breaks and enters a dwelling with intent to commit a misdemeanor in the dwelling,
 enters a dwelling without permission with intent to commit a misdemeanor in the dwelling, or
 breaks and enters a dwelling or enters a dwelling without permission and, at any time while he
 or she is entering, present in, or exiting the dwelling, commits a misdemeanor.
    (b) Breaks and enters a dwelling or enters a dwelling without permission and, at any time
 while the person is entering, present in, or exiting the dwelling, violates any of the following
 ordered to protect a named person or persons:
    (i) A probation term or condition.
    (ii) A parole term or condition.
    (iii) A personal protection order term or condition.
    (iv) A bond or bail condition or any condition of pretrial release.
    (5) Home invasion in the first degree is a felony punishable by imprisonment for not more
 than 20 years or a fine of not more than $5,000.00, or both.
    (6) Home invasion in the second degree is a felony punishable by imprisonment for not
 more than 15 years or a fine of not more than $3,000.00, or both.
    (7) Home invasion in the third degree is a felony punishable by imprisonment for not more
 than 5 years or a fine of not more than $2,000.00, or both.
    (8) The court may order a term of imprisonment imposed for home invasion in the first
 degree to be served consecutively to any term of imprisonment imposed for any other criminal
 offense arising from the same transaction.




                                                                Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026           Page 68 of 465                              Courtesy of legislature.mi.gov

   (9) Imposition of a penalty under this section does not bar imposition of a penalty under any
 other applicable law.