§ 750.380Willful and malicious destruction of property; house, barn, or building of

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another.
 Sec. 380.


                                                                Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026            Page 307 of 465                            Courtesy of legislature.mi.gov

    (1) A person shall not willfully and maliciously destroy or injure another person's house,
 barn, or other building or its appurtenances.
    (2) If any of the following apply, a person who violates subsection (1) 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 amount of the destruction or injury, whichever is greater, or both imprisonment
 and a fine:
    (a) The amount of the destruction or injury is $20,000.00 or more.
    (b) The person violates subsection (3)(a) and has 2 or more prior convictions for committing
 or attempting to commit an offense under this section. For purposes of this subdivision,
 however, a prior conviction does not include a conviction for a violation or attempted violation
 of subsection (4)(b), (5)(b), (6), or (7).
    (3) If any of the following apply, a person who violates subsection (1) 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 amount of the destruction or injury, whichever is greater, or both imprisonment
 and a fine:
    (a) The amount of the destruction or injury is $1,000.00 or more but less than $20,000.00.
    (b) The person violates subsection (4)(a) and has 1 or more prior convictions for committing
 or attempting to commit an offense under this section. For purposes of this subdivision,
 however, a prior conviction does not include a conviction for a violation or attempted violation
 of subsection (4)(b), (5)(b), (6), or (7).
    (4) If any of the following apply, a person who violates subsection (1) 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 amount of the destruction or injury, whichever is greater, or both
 imprisonment and a fine:
    (a) The amount of the destruction or injury is $200.00 or more but less than $1,000.00.
    (b) The person violates subsection (6) or (7) 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.
    (5) If the person and the property owner are spouses or former spouses, have or have had a
 dating relationship, have or have had a child in common, or are residents or former residents
 of the same household and if any of the following apply, the person who violates subsection
 (1) 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 amount of the destruction or injury, whichever is
 greater, or both imprisonment and a fine:
    (a) The amount of the destruction or injury is $200.00 or more but less than $1,000.00.
    (b) The person violates subsection (6) or (7) 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.
    (6) If the amount of the destruction or injury is less than $200.00, a person who violates
 subsection (1) 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 amount of the destruction or injury,
 whichever is greater, or both imprisonment and a fine.
    (7) If the person and the property owner are spouses or former spouses, have or have had a
 dating relationship, have or have had a child in common, or are residents or former residents
 of the same household and if the amount of the destruction or injury is less than $200.00, the
 person who violates subsection (1) 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 amount of the
 destruction or injury, whichever is greater, or both imprisonment and a fine.


                                                             Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026        Page 308 of 465                             Courtesy of legislature.mi.gov

    (8) The amounts of the destruction or injury in separate incidents pursuant to a scheme or
 course of conduct within any 12-month period may be aggregated to determine the total
 amount of the destruction or injury.
    (9) 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 must 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) A copy of the judgment of conviction.
    (b) A transcript of a prior trial, plea-taking, or sentencing.
    (c) Information contained in a presentence report.
    (d) The defendant's statement.
    (10) If the sentence for a conviction under this section is enhanced by 1 or more prior
 convictions, those prior convictions must not be used to further enhance the sentence for the
 conviction pursuant to section 10, 11, or 12 of chapter IX of the code of criminal procedure,
 1927 PA 175, 769.10, 769.11, and 769.12.
    (11) 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.

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