Felonious Assault

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.82 Felonious assault; violation of subsection (1) in weapon free school zone; definitions.

Sec. 82.

(1) Except as provided in subsection (2), a person who assaults another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon without intending to commit murder or to inflict great bodily harm less than murder is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

(2) A person who violates subsection (1) in a weapon free school zone is guilty of a felony punishable by 1 or more of the following:

(a) Imprisonment for not more than 4 years.

(b) Community service for not more than 150 hours.

(c) A fine of not more than $6,000.00.

(3) As used in this section:

(a) “School” means a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from 1 through 12.

(b) “School property” means a building, playing field, or property used for school purposes to impart instruction to children or used for functions and events sponsored by a school, except a building used primarily for adult education or college extension courses.

(c) “Weapon free school zone” means school property and a vehicle used by a school to transport students to or from school property.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;– CL 1948, 750.82 ;– Am. 1994, Act 158, Eff. Aug. 15, 1994
Former Law: See section 1 of Act 232 of 1913, being CL 1915, § 15228; CL 1929, § 16747; and Act 241 of 1915.

© 2009 Legislative Council, State of Michigan