§ 750.115Breaking and entering or entering without breaking; buildings, tents, boats,

railroad cars; entering public buildings when expressly denied.
 Sec. 115.
    (1) An individual who breaks and enters or enters without breaking, any dwelling, house,
 tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship,
 railroad car or structure used or kept for public or private use, or any private apartment therein,
 or any cottage, clubhouse, boat house, hunting or fishing lodge, garage or the out-buildings
 belonging thereto, any ice shanty with a value of $100.00 or more, or any other structure,
 whether occupied or unoccupied, without first obtaining permission to enter from the person
 having immediate control thereof, is guilty of a misdemeanor.
    (2) If an individual violates subsection (1) and the person having immediate control thereof
 is 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 or has had a child in
 common, or a resident or former resident of the individual's household, the individual is guilty
 of a misdemeanor.
    (3) This section does not apply to entering without breaking, any place which at the time of
 the entry was open to the public, unless the entry was expressly denied. This section does not
 apply if the breaking and entering or entering without breaking was committed by a peace
 officer or an individual under the peace officer's direction in the lawful performance of the
 peace officer's duties as a peace officer.
    (4) 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.




                                                                   Michigan Compiled Laws Complete Through PA 91 of 2026
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