§ 750.234bIntentionally discharging firearm at dwelling or potentially occupied structure

en · 3,340 chars · active
as felony; penalty; exceptions; other violation; consecutive terms; definitions.
 Sec. 234b.
    (1) Except as otherwise provided in this section, an individual who intentionally discharges
 a firearm at a facility that he or she knows or has reason to believe is a dwelling or a
 potentially occupied structure, whether or not the dwelling or structure is actually occupied at
 the time the firearm is discharged, is guilty of a felony punishable by imprisonment for not
 more than 10 years or a fine of not more than $10,000.00, or both.
    (2) An individual who intentionally discharges a firearm in a facility that he or she knows or
 has reason to believe is a dwelling or a potentially occupied structure, in reckless disregard for
 the safety of any individual and whether or not the dwelling or structure is actually occupied at
 the time the firearm is discharged, is guilty of a felony punishable by imprisonment for not
 more than 10 years or a fine of not more than $10,000.00, or both.
    (3) If an individual violates subsection (1) or (2) and causes any physical injury to another
 individual, the individual is guilty of a felony punishable by imprisonment for not more than
 15 years or a fine of not more than $15,000.00, or both.
    (4) If an individual violates subsection (1) or (2) and causes the serious impairment of a
 body function of another individual, the individual is guilty of a felony punishable by
 imprisonment for not more than 20 years or a fine of not more than $25,000.00, or both.
    (5) If an individual violates subsection (1) or (2) and causes the death of another individual,
 the individual is guilty of a felony punishable by imprisonment for life or any term of years.
    (6) 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.
    (7) Subsections (1) and (2) do not apply to an individual who discharges a firearm in self-
 defense or the defense of another individual.
    (8) This section does not prohibit an individual from being charged with, convicted of, or
 punished for any other violation of law that is committed by that individual while violating
 this section.
    (9) A term of imprisonment imposed for a violation of this section may run consecutively to
 any term of imprisonment imposed for another violation arising from the same transaction.
    (10) 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) "Peace officer" means that term as defined in section 215.
    (c) "Potentially occupied structure" means a structure that a reasonable person knows or
 should know is likely to be occupied by 1 or more individuals due to its nature, function, or
 location.
    (d) "Serious impairment of a body function" means that term as defined in section 58c of
 the Michigan vehicle code, 1949 PA 300, MCL 257.58c.



                                                                   Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026            Page 222 of 465                               Courtesy of legislature.mi.gov

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