§ 750.382Maliciously destroying or injuring trees, shrubs, grass, turf, plants, crops, or soil

Sec. 382.
   (1) A person who willfully and maliciously, or wantonly and without cause, cuts down,
 destroys, or injures any tree, shrub, grass, turf, plants, crops, or soil of another that is standing,
 growing, or located on the land of another is guilty of a crime as follows:




                                                                 Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026           Page 309 of 465                              Courtesy of legislature.mi.gov

    (a) If the value of the trees, shrubs, grass, turf, plants, crops, or soil cut down, destroyed, or
 injured is less than $200.00, the person 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
 value of the trees, shrubs, grass, turf, plants, crops, or soil, whichever is greater, or both
 imprisonment and a fine.
    (b) If any of the following apply, the person 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
 value of the trees, shrubs, grass, turf, plants, crops, or soil, whichever is greater, or both
 imprisonment and a fine:
    (i) The value of the trees, shrubs, grass, turf, plants, or soil cut down, destroyed, or injured
 is $200.00 or more but less than $1,000.00.
    (ii) The person violates subdivision (a) 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.
    (c) If any of the following apply, the person 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
 value of the trees, shrubs, grass, turf, plants, crops, or soil, whichever is greater, or both
 imprisonment and a fine:
    (i) The value of the trees, shrubs, grass, turf, plants, crops, or soil cut down, destroyed, or
 injured is $1,000.00 or more but less than $20,000.00.
    (ii) The person violates subdivision (b)(i) and has 1 or more prior convictions for
 committing or attempting to commit an offense under this section. For purposes of this
 subparagraph, however, a prior conviction does not include a conviction for a violation or
 attempted violation of subdivision (a) or (b)(ii).
    (d) If any of the following apply, the person 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
 value of the trees, shrubs, grass, turf, plants, crops, or soil, whichever is greater, or both
 imprisonment and a fine:
    (i) The value of the trees, shrubs, grass, turf, plants, crops, or soil cut down, destroyed, or
 injured is $20,000.00 or more.
    (ii) The person violates subdivision (c)(i) and has 2 or more prior convictions for
 committing or attempting to commit an offense under this section. For purposes of this
 subparagraph, however, a prior conviction does not include a conviction for a violation or
 attempted violation of subdivision (a) or (b)(ii).
    (2) The secretary of state shall suspend the operator's or chauffeur's license of a person
 convicted of a violation or attempted violation of subsection (1) who committed the offense
 with a vehicle, as provided in section 319 of the Michigan vehicle code, 1949 PA 300, MCL
 257.319. As used in this subsection, "vehicle" means that term as defined in section 79 of the
 Michigan vehicle code, 1949 PA 300, MCL 257.79.
    (3) The values of trees, shrubs, grass, turf, plants, crops, or soil cut down, destroyed, or
 injured in separate incidents pursuant to a scheme or course of conduct within any 12-month
 period may be aggregated to determine the total value of trees, shrubs, grass, turf, plants,
 crops, or soil cut down, destroyed, or injured.
    (4) 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 shall be determined by the court,
 without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The


                                                                 Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026           Page 310 of 465                              Courtesy of legislature.mi.gov

 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.
    (5) If the sentence for a conviction under this section is enhanced by 1 or more prior
 convictions, those prior convictions shall 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, MCL 769.10, 769.11, and 769.12.