Section 750.394 - Train, car, or vehicle, throwing, propelling, or dropping stone or object; violation; penalty; “serious impairment” defined.
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
750.394 Train, car, or vehicle, throwing, propelling, or dropping stone or object; violation; penalty; “serious impairment” defined.
Sec. 394.
(1) A person shall not throw, propel, or drop a stone, brick, or other dangerous object at a passenger train, sleeping car, passenger coach, express car, mail car, baggage car, locomotive, caboose, or freight train or at a street car, trolley car, or motor vehicle.
(2) A person who violates this section is guilty of a crime as follows:
(a) Except as provided in subdivisions (b), (c), and (d), the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.
(b) Except as provided in subdivision (c), (d), or (e), if the violation causes property damage, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $500.00, or both.
(c) If the violation causes injury to any person, other than serious impairment or death, the person 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.
(d) If the violation causes serious impairment to any person, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both.
(e) If the violation causes death to any person, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.
(3) A criminal penalty provided for under this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.
(4) As used in this section, “serious impairment” means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.394 ;-- Am. 2003, Act 182, Eff. Jan. 1, 2004
Former Law: See section 1 of Act 246 of 1907, being CL 1915, § 8448; CL 1929, § 17038; and Act 2 of 1923.