***** amended THIS AMENDED SECTION IS EFFECTIVE APRIL 3, 2013 *****

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1 THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931 CHAPTER X ARSON AND BURNING ***** THIS SECTION IS AMENDED EFFECTIVE APRIL 3, 2013: See amended ***** Arson and burning; definitions. Sec. 71. Definition of burn The term burn as used in this chapter shall mean setting fire to, or doing any act which results in the starting of a fire, or aiding, counseling, inducing, persuading or procuring another to do such act or acts. History: 1931, Act 328, Eff. Sept. 18, 1931; CL 1948, Former law: See section 1 of Act 38 of 1927, being CL 1929, ***** amended THIS AMENDED SECTION IS EFFECTIVE APRIL 3, 2013 ***** amended Definitions. Sec. 71. Unless the context requires otherwise, the following terms have the following meanings: (a) "Building" includes any structure regardless of class or character and any building or structure that is within the curtilage of that building or structure or that is appurtenant to or connected to that building or structure. (b) "Burn" means setting fire to, or doing any act that results in the starting of a fire, or aiding, counseling, inducing, persuading, or procuring another to do such an act. (c) "Damage", in addition to its ordinary meaning, includes, but is not limited to, charring, melting, scorching, burning, or breaking. (d) "Dwelling" includes, but is not limited to, any building, structure, vehicle, watercraft, or trailer adapted for human habitation that was actually lived in or reasonably could have been lived in at the time of the fire or explosion and any building or structure that is within the curtilage of that dwelling or that is appurtenant to or connected to that dwelling. (e) "Individual" means any individual and includes, but is not limited to, a firefighter, law enforcement officer, or other emergency responder, whether paid or volunteer, performing his or her duties in relation to a violation of this chapter, or performing an investigation of a violation of this chapter. (f) "Personal property" includes any personally owned property regardless of class, character, or value. (g) "Physical injury" means an injury that includes, but is not limited to, the loss of a limb or use of a limb; loss of a foot, hand, finger, or thumb, or loss of use of a foot, hand, finger, or thumb; loss of an eye or ear or loss of use of an eye or ear; loss or substantial impairment of a bodily function; serious visible disfigurement; a comatose state that lasts for more than 3 days; measurable brain or mental impairment; a skull fracture or other serious bone fracture; subdural hemorrhage or subdural hematoma; loss of an organ; heart attack; heat stroke; heat exhaustion; smoke inhalation; a burn including a chemical burn; or poisoning. (h) "Prior conviction" means a previous conviction for a violation of this chapter that arises out of a separate transaction, whether under this chapter, a local ordinance substantially corresponding to this chapter, a law of the United States substantially corresponding to this chapter, or a law of another state substantially corresponding to this chapter, but does not include a violation of section 79(1)(a). History: 1931, Act 328, Eff. Sept. 18, 1931; CL 1948, ; Am. 2012, Act 531, Eff. Apr. 3, Former law: See section 1 of Act 38 of 1927, being CL 1929, ***** THIS SECTION IS AMENDED EFFECTIVE APRIL 3, 2013: See amended ***** Burning dwelling house. Sec. 72. Burning dwelling house Any person who wilfully or maliciously burns any dwelling house, either occupied or unoccupied, or the contents thereof, whether owned by himself or another, or any building within the curtilage of such dwelling house, or the contents thereof, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 20 years. History: 1931, Act 328, Eff. Sept. 18, 1931; Am. 1945, Act 260, Eff. Sept. 6, 1945; CL 1948, Former law: See section 2 of Act 38 of 1927, being CL 1929, 16934; and Act 272 of ***** amended THIS AMENDED SECTION IS EFFECTIVE APRIL 3, 2013 ***** Rendered Thursday, March 14, 2013 Page 1 Michigan Compiled Laws Complete Through PA 625 of 2012

2 amended First degree arson. Sec. 72. (1) A person who willfully or maliciously burns, damages, or destroys by fire or explosive any of the following or its contents is guilty of first degree arson: (a) A multiunit building or structure in which 1 or more units of the building are a dwelling, regardless of whether any of the units are occupied, unoccupied, or vacant at the time of the fire or explosion. (b) Any building or structure or other real property if the fire or explosion results in physical injury to any individual. (c) A mine. (2) Subsection (1) applies regardless of whether the person owns the dwelling, building, structure, or mine or its contents. (3) First degree arson is a felony punishable by imprisonment for life or any term of years or a fine of not more than $20, or 3 times the value of the property damaged or destroyed, whichever is greater, or both History: 1931, Act 328, Eff. Sept. 18, 1931; Am. 1945, Act 260, Eff. Sept. 6, 1945; CL 1948, ; Am. 2012, Act 531, Eff. Apr. 3, Former law: See section 2 of Act 38 of 1927, being CL 1929, 16934; and Act 272 of ***** THIS SECTION IS AMENDED EFFECTIVE APRIL 3, 2013: See amended ***** Burning of other real property. Sec. 73. Burning of other real property Any person who wilfully or maliciously burns any building or other real property, or the contents thereof, other than those specified in the next preceding section of this chapter, the property of himself or another, shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 10 years. History: 1931, Act 328, Eff. Sept. 18, 1931; Am. 1945, Act 260, Eff. Sept. 6, 1945; CL 1948, Former law: See section 3 of Act 38 of 1927, being CL 1929, 16935; and Act 272 of ***** amended THIS AMENDED SECTION IS EFFECTIVE APRIL 3, 2013 ***** amended Second degree arson. Sec. 73. (1) Except as provided in section 72, a person who willfully or maliciously burns, damages, or destroys by fire or explosive a dwelling, regardless of whether it is occupied, unoccupied, or vacant at the time of the fire or explosion, or its contents, is guilty of second degree arson. (2) Subsection (1) applies regardless of whether the person owns the dwelling or its contents. (3) Second degree arson is a felony punishable by imprisonment for not more than 20 years or a fine of not more than $20, or 3 times the value of the property damaged or destroyed, whichever is greater, or both History: 1931, Act 328, Eff. Sept. 18, 1931; Am. 1945, Act 260, Eff. Sept. 6, 1945; CL 1948, ; Am. 2012, Act 531, Eff. Apr. 3, Former law: See section 3 of Act 38 of 1927, being CL 1929, 16935; and Act 272 of ***** THIS SECTION IS AMENDED EFFECTIVE APRIL 3, 2013: See amended ***** Burning of personal property. Sec. 74. (1) A person who willfully and maliciously burns any personal property, other than personal property specified in section 72 or 73, owned by himself or herself or another person is guilty of a crime as follows: (a) If the value of the personal property burned or intended to be burned 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 $ or 3 times the value of the personal property burned or intended to be burned, whichever is greater, or both (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, or 3 times the value of the personal property burned or intended to be burned, whichever is greater, or both imprisonment and a fine: (i) The value of the personal property burned or intended to be burned is $ or more but less than $1, (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. Rendered Thursday, March 14, 2013 Page 2 Michigan Compiled Laws Complete Through PA 625 of 2012

3 (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, or 3 times the value of the personal property burned or intended to be burned, whichever is greater, or both imprisonment and a fine: (i) The value of the personal property burned or intended to be burned is $1, or more but less than $20, (ii) The person violates subdivision (b)(i) and has 1 or more prior convictions for violating or attempting to violate 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, or 3 times the value of the personal property burned or intended to be burned, whichever is greater, or both imprisonment and a fine: (i) The personal property burned or intended to be burned has a value of $20, 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 values of personal property burned or intended to be burned 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 personal property burned or intended to be burned. (3) 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 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. (4) 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 , , and History: 1931, Act 328, Eff. Sept. 18, 1931; Am. 1945, Act 260, Eff. Sept. 6, 1945; CL 1948, ; Am. 1998, Act 312, Eff. Jan. 1, Former law: See section 4 of Act 38 of 1927, being CL 1929, 16936; and Act 272 of ***** amended THIS AMENDED SECTION IS EFFECTIVE APRIL 3, 2013 ***** amended Third degree arson. Sec. 74. (1) Except as provided in sections 72 and 73, a person who does any of the following is guilty of third degree arson: (a) Willfully or maliciously burns, damages, or destroys by fire or explosive any building or structure, or its contents, regardless of whether it is occupied, unoccupied, or vacant at the time of the fire or explosion. (b) Willfully and maliciously burns, damages, or destroys by fire or explosive any of the following or its contents: (i) Any personal property having a value of $20, or more. (ii) Any personal property having a value of $1, or more if the person has 1 or more prior convictions. (2) Subsection (1) applies regardless of whether the person owns the building, structure, other real property or its contents, or the personal property. (3) Third degree arson is a felony punishable by imprisonment for not more than 10 years or a fine of not more than $20, or 3 times the value of the property damaged or destroyed, whichever is greater, or both History: 1931, Act 328, Eff. Sept. 18, 1931; Am. 1945, Act 260, Eff. Sept. 6, 1945; CL 1948, ; Am. 1998, Act 312, Eff. Jan. 1, 1999; Am. 2012, Act 532, Eff. Apr. 3, Former law: See section 4 of Act 38 of 1927, being CL 1929, 16936; and Act 272 of ***** THIS SECTION IS AMENDED EFFECTIVE APRIL 3, 2013: See amended ***** Rendered Thursday, March 14, 2013 Page 3 Michigan Compiled Laws Complete Through PA 625 of 2012

4 Burning of insured property. Sec. 75. Burning of insured property Any person who shall wilfully burn any building or personal property which shall be at the time insured against loss or damage by fire with intent to injure and defraud the insurer, whether such person be the owner of the property or not, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years. History: 1931, Act 328, Eff. Sept. 18, 1931; CL 1948, Former law: See section 5 of Act 38 of 1927, being CL 1929, ***** amended THIS AMENDED SECTION IS EFFECTIVE APRIL 3, 2013 ***** amended Fourth degree arson. Sec. 75. (1) Except as provided in sections 72, 73, and 74, a person who does any of the following is guilty of fourth degree arson: (a) Willfully and maliciously burns, damages, or destroys by fire or explosive any of the following or its contents: (i) Any personal property having a value of $1, or more, but less than $20, (ii) Any personal property having a value of $ or more if the person has 1 or more prior convictions. (b) Willfully or negligently sets fire to a woods, prairie, or grounds of another person or permits fire to pass from his or her own woods, prairie, or grounds to another person's property causing damage or destruction to that other property. (2) Subsection (1)(a) applies regardless of whether the person owns the personal property. (3) Fourth degree arson is a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10, or 3 times the value of the property damaged or destroyed, whichever is greater, or both History: 1931, Act 328, Eff. Sept. 18, 1931; CL 1948, ; Am. 2012, Act 532, Eff. Apr. 3, Former law: See section 5 of Act 38 of 1927, being CL 1929, ***** THIS SECTION IS AMENDED EFFECTIVE APRIL 3, 2013: See amended ***** Applicability of preceding sections. Sec. 76. Applicability of preceding sections The preceding sections of this chapter shall apply to a married woman who may commit any of the offenses herein described although the property burnt may belong partly or wholly to her husband; and said preceding sections shall also apply to a married man although the property burnt may belong partly or wholly to his wife; and although said property may be occupied by such married man or married woman, or by such married man and wife as a residence. History: 1931, Act 328, Eff. Sept. 18, 1931; CL 1948, Former law: See section 6 of Act 38 of 1927, being CL 1929, ***** amended THIS AMENDED SECTION IS EFFECTIVE APRIL 3, 2013 ***** amended Arson of insured property. Sec. 76. (1) A person who willfully or maliciously burns, damages, or destroys by fire or explosive any of the following or the contents of any of the following is guilty of arson of insured property: (a) Any dwelling that is insured against loss from fire or explosion if the person caused the fire or explosion with the intent to defraud the insurer. (b) Except as provided in subdivision (a), any building, structure, or other real property that is insured against loss from fire or explosion if the person caused the fire or explosion with the intent to defraud the insurer. (c) Any personal property that is insured against loss by fire or explosion if the person caused the fire or explosion with the intent to defraud the insurer. (2) Subsection (1) applies regardless of whether the person owns the dwelling, building, structure, other real property, or personal property. (3) Arson of insured property is a felony punishable as follows: (a) If the person violates subsection (1)(a), imprisonment for life or any term of years or a fine of not more than $20, or 3 times the value of the property damaged or destroyed, whichever is greater, or both (b) If the person violates subsection (1)(b), imprisonment for not more than 20 years or a fine of not more than $20, or 3 times the value of the property damaged or destroyed, whichever is greater, or both Rendered Thursday, March 14, 2013 Page 4 Michigan Compiled Laws Complete Through PA 625 of 2012

5 (c) If the person violates subsection (1)(c), imprisonment for not more than 10 years or a fine of not more than $20, or 3 times the value of the property damaged or destroyed, whichever is greater, or both History: 1931, Act 328, Eff. Sept. 18, 1931; CL 1948, ; Am. 2012, Act 532, Eff. Apr. 3, Former law: See section 6 of Act 38 of 1927, being CL 1929, ***** THIS SECTION IS AMENDED EFFECTIVE APRIL 3, 2013: See amended ***** Willfully and maliciously setting fire. Sec. 77. (1) A person who uses, arranges, places, devises, or distributes an inflammable, combustible, or explosive material, liquid, or substance or any device in or near a building or property described in section 72, 73, 74, or 75 with intent to willfully and maliciously set fire to or burn the building or property or who aids, counsels, induces, persuades, or procures another to do so is guilty of a crime as follows: (a) If the property intended to be burned is personal or real property, or both, with a combined value 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 $ or 3 times the combined value of the property intended to be burned, whichever is greater, or both (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, or 3 times the combined value of the property intended to be burned, whichever is greater, or both imprisonment and a fine: (i) The property intended to be burned is personal or real property, or both, with a combined value of $ or more but less than $1, (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, or 3 times the combined value of the property intended to be burned, whichever is greater, or both imprisonment and a fine: (i) The property intended to be burned is personal or real property, or both, with a combined value of $1, or more but less than $20, (ii) The person violates subdivision (b)(i) and has 1 or more prior convictions for violating or attempting to violate 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, or 3 times the combined value of the property intended to be burned, whichever is greater, or both imprisonment and a fine: (i) The property is personal or real property, or both, with a combined value of $20, 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 committing or attempting to commit an offense for a violation or attempted violation of subdivision (a) or (b)(ii). (2) The combined value of property intended to be burned 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 property intended to be burned. (3) 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 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) The total value of property intended to be burned. (b) A transcript of a prior trial, plea-taking, or sentencing. (c) Information contained in a presentence report. (d) The defendant's statement. (4) 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 , , and History: 1931, Act 328, Eff. Sept. 18, 1931; Am. 1945, Act 260, Eff. Sept. 6, 1945; CL 1948, ; Am. 1998, Act 312, Eff. Rendered Thursday, March 14, 2013 Page 5 Michigan Compiled Laws Complete Through PA 625 of 2012

6 Jan. 1, ***** amended THIS AMENDED SECTION IS EFFECTIVE APRIL 3, 2013 ***** amended Fifth degree arson. Sec. 77. (1) Except as provided in sections 72 to 76, a person who intentionally damages or destroys by fire or explosive any personal property having a value of $1, or less and who has 1 or more prior convictions is guilty of fifth degree arson. (2) Subsection (1) applies regardless of whether the person owns the personal property. (3) Fifth degree arson is a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2, or 3 times the value of the property damaged or destroyed, whichever is greater, or both (4) As used in this section: (a) "Personal property" includes an automobile, van, truck, motorcycle, trailer, and other personally owned property. (b) "Prior conviction" means a prior conviction for a violation of this chapter that arises out of a separate transaction from the violation of this section. History: 1931, Act 328, Eff. Sept. 18, 1931; Am. 1945, Act 260, Eff. Sept. 6, 1945; CL 1948, ; Am. 1998, Act 312, Eff. Jan. 1, 1999; Am. 2012, Act 533, Eff. Apr. 3, ***** THIS SECTION IS AMENDED EFFECTIVE APRIL 3, 2013: See amended ***** Wilfully or negligently setting fire to woods, prairies or grounds. Sec. 78. Wilfully setting fire to woods, etc. Any person who shall wilfully or negligently set fire to any woods, prairies or grounds, not his property, or shall wilfully permit any fire to pass from his own woods, prairies or grounds, to the injury or destruction of the property of any other person, shall be guilty of a felony. History: 1931, Act 328, Eff. Sept. 18, 1931; CL 1948, Former law: See section 1 of Ch. 45 of R.S. 1846, being CL 1857, 5924; CL 1871, 7790; How., 9402; CL 1897, 11653; CL 1915, 15424; and CL 1929, ***** amended THIS AMENDED SECTION IS EFFECTIVE APRIL 3, 2013 ***** amended Prohibited intentional acts. Sec. 78. (1) Except as provided in sections 72 to 77, a person shall not intentionally do any of the following: (a) Willfully and maliciously burn, damage, or destroy by fire or explosive any of the following or its contents: (i) Any personal property having a value of $ or more but less than $1, (ii) Any personal property having a value of less than $200.00, if the person has 1 or more prior convictions. (iii) Any personal property having a value of less than $ (b) Negligently, carelessly, or recklessly set fire to a hotel or motel or its contents, and, by setting that fire, endanger the life or property of another person. (2) Subsection (1) applies regardless of whether the person owns the building, structure, hotel, motel, or its contents, or the personal property. (3) A violation of this section is a misdemeanor punishable as follows: (a) If the person violates subsection (1)(a)(i) or (ii), imprisonment for not more than 1 year and a fine of not more than $2, or 3 times the value of the property damaged, whichever is greater. (b) If the person violates subsection (1)(a)(iii) or (b), imprisonment for not more than 93 days and a fine of not more than $ or 3 times the value of the property damaged, whichever is greater. History: 1931, Act 328, Eff. Sept. 18, 1931; CL 1948, ; Am. 2012, Act 533, Eff. Apr. 3, Former law: See section 1 of Ch. 45 of R.S. 1846, being CL 1857, 5924; CL 1871, 7790; How., 9402; CL 1897, 11653; CL 1915, 15424; and CL 1929, ***** THIS SECTION IS AMENDED EFFECTIVE APRIL 3, 2013: See amended ***** Clearing of land and disposing of refuse in townships. Sec. 79. Clearing land by fire and disposing of refuse materials in townships Whenever in pursuance of the authority given by law, any township board shall, by order, rule or regulation, designate a period during Rendered Thursday, March 14, 2013 Page 6 Michigan Compiled Laws Complete Through PA 625 of 2012

7 which it shall be unlawful to set forest fires or fires for the purpose of clearing lands, and disposing by burning of refuse material and waste matter within its respective jurisdiction or any part thereof, any person who shall be found guilty of violating the orders, rules and regulations of such board by setting any such fire in such township contrary to the provisions thereof shall be guilty of a felony: Provided, That any person desiring to dispose of refuse material by burning the same during the time prohibited by the board of such township, may do so after first procuring permission in writing, signed by the supervisor and township clerk, or by a majority of such township board, and the said supervisor and township clerk, or a majority of the said board are hereby authorized to grant such permission in their discretion, under such conditions as they may prescribe, upon application made in writing for such purpose: Provided further, That said board is hereby authorized at any time to repeal by resolution any order, rule or regulation herein mentioned. History: 1931, Act 328, Eff. Sept. 18, 1931; CL 1948, Former law: See section 5 of Ch. 45 of R.S. 1846, being CL 1897, 11657; CL 1915, 15428; CL 1929, 16946; and Act 189 of ***** amended THIS AMENDED SECTION IS EFFECTIVE APRIL 3, 2013 ***** amended Using inflammable, combustible, or explosive material, liquid, or substance near building or personal property with intent to commit arson of any degree; aiding or abetting. Sec. 79. (1) A person who uses, arranges, places, devises, or distributes an inflammable, combustible, or explosive material, liquid, or substance or any device in or near a building, structure, other real property, or personal property with the intent to commit arson in any degree or who aids, counsels, induces, persuades, or procures another to do so is guilty of a crime as follows: (a) If the property has a combined value of 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 $ or 3 times the combined value of the property damaged or destroyed, whichever is greater, or both (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, or 3 times the combined value of the property damaged or destroyed, whichever is greater, or both imprisonment and a fine: (i) The property has a combined value of $ or more but less than $1, (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, or 3 times the combined value of the property damaged or destroyed, whichever is greater, or both imprisonment and a fine: (i) The property has a combined value of $1, or more but less than $20, (ii) The person violates subdivision (b)(i) and has 1 or more prior convictions for violating or attempting to violate 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). (iii) Except as provided in subdivisions (d) and (e), the property is a building, structure, or real property. This subparagraph applies regardless of whether the person owns the building, structure, or other real property. (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, or 3 times the combined value of the property damaged or destroyed, whichever is greater, or both imprisonment and a fine: (i) The property has a combined value of $20, 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 committing or attempting to commit an offense for a violation or attempted violation of subdivision (a) or (b)(ii). (iii) The property has a value of more than $2, and is insured against loss by fire or explosion and the person caused the fire or explosion with the intent to defraud the insurer. (iv) Except as provided in subdivisions (c)(iii) and (e) and subparagraphs (v) and (vi), the property is a building, structure, or other real property, and the fire or explosion results in injury to any individual. This subparagraph applies regardless of whether the person owns the building, structure, or other real property. (v) Except as provided in subdivisions (c)(iii) and (e) and subparagraph (vi), the property is a building, structure, or other real property and insured against loss from fire or explosion, and the person caused the fire or explosion with the intent to defraud the insurer. This subparagraph applies regardless of whether the person Rendered Thursday, March 14, 2013 Page 7 Michigan Compiled Laws Complete Through PA 625 of 2012

8 owns the building, structure, or other real property. (vi) The property is a dwelling. This subparagraph applies regardless of whether the person owns the dwelling. (e) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $20, or 3 times the combined value of the property intended to be burned or destroyed, whichever is greater, or both imprisonment and a fine: (i) The property is a dwelling and is insured against loss by fire or explosion if the person caused the fire or explosion with the intent to defraud the insurer. This subparagraph applies regardless of whether the person owns the property. (ii) The property is a dwelling and the fire or explosion results in physical injury to any individual. (2) The combined value of property intended to be burned 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 property damaged or destroyed. (3) 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 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) The total value of property damaged or destroyed. (b) A transcript of a prior trial, plea-taking, or sentencing. (c) Information contained in a presentence report. (d) The defendant's statement. (4) 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 under section 10, 11, or 12 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL , , and History: 1931, Act 328, Eff. Sept. 18, 1931; CL 1948, ; Am. 2012, Act 533, Eff. Apr. 3, Former law: See section 5 of Ch. 45 of R.S. 1846, being CL 1897, 11657; CL 1915, 15428; CL 1929, 16946; and Act 189 of Setting fire to mines and mining material. Sec. 80. Setting fire to mines and mining materials Any person who shall wilfully and maliciously burn or set fire to or cause to be burned or set fire to any wood, timber, or other material in any part of a mine under ground, or shall wilfully and maliciously set fire to or burn any shaft house or other structure or materials built or placed over, or upon a shaft, adit, level or other opening into any mine, such mine being then in use or operation, shall be guilty of felony, and be punishable by imprisonment in the state prison for life or for any term of years. History: 1931, Act 328, Eff. Sept. 18, 1931; CL 1948, Former law: See section 1 of Act 4 of 1889, being How., 9209c; CL 1897, 11652; CL 1915, 15423; and CL 1929, Rendered Thursday, March 14, 2013 Page 8 Michigan Compiled Laws Complete Through PA 625 of 2012