Act No. 257
Public Acts of 2003
Approved by the Governor
December 28, 2003
Filed with the Secretary of State
December 29, 2003
EFFECTIVE DATE: January 1, 2004

STATE OF MICHIGAN
92ND LEGISLATUREREGULAR SESSION OF 2003
Introduced by Reps. Van Regenmorter, Nofs, Howell, Caswell, Richardville, Palsrok, Caul, Hune, Newell,
DeRoche, Bisbee, Middaugh, Brandenburg, Acciavatti, LaJoy, Pastor, Casperson, Tabor, Drolet,Milosch, Bieda, Lipsey, Gieleghem, Meisner, Moolenaar and Ward

ENROLLED HOUSE BILL No. 4514
AN ACT to amend 1931 PA 328, entitled “An act to revise, consolidate, codify and add to the statutes relating tocrimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; toprovide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution
for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with orcontravening any of the provisions of this act,” by amending sections 200i, 200k, 200l, 204, 207, 209, 210, 211a, and 212a
(MCL 750.200i, 750.200k, 750.200l, 750.204, 750.207, 750.209, 750.210, 750.211a, and 750.212a), sections 200i and 200k as
added by 1998 PA 207, section 200l as added by 2001 PA 135, sections 204 and 211a as amended by 1998 PA 206, sections 207,209, and 210 as amended by 1998 PA 208, and section 212a as amended by 2002 PA 140, and by adding section 200m.
The People of the State of Michigan enact:
Sec. 200i. (1) A person shall not manufacture, deliver, possess, transport, place, use, or release any of the following
for an unlawful purpose:(a) A harmful biological substance or a harmful biological device.
(b) A harmful chemical substance or a harmful chemical device.
(c) A harmful radioactive material or a harmful radioactive device.
(d) A harmful electronic or electromagnetic device.
(2) A person who violates subsection (1) is guilty of a crime as follows:(a) Except as provided in subdivisions (b) to (e), 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.
(b) If the violation directly or indirectly results in property damage, the person is guilty of a felony punishable byimprisonment for not more than 20 years or a fine of not more than $15,000.00, or both.
(c) If the violation directly or indirectly results in personal injury to another individual other than serious
impairment of a body function or death, the person is guilty of a felony punishable by imprisonment for not more than
25 years or a fine of not more than $20,000.00, or both.
(d) If the violation directly or indirectly results in serious impairment of a body function to another individual, theperson is guilty of a felony punishable by imprisonment for life or any term of years or a fine of not more than
$25,000.00, or both.
(e) If the violation directly or indirectly results in the death of another individual, the person is guilty of a felony andshall be punished by imprisonment for life without eligibility for parole and may be fined not more than $40,000.00, orboth.
Sec. 200k. (1) Sections 200h to 200j do not apply to any of the following:(a) A member of the military forces of the United States or of this state acting under a lawful order or while engaged
in a lawful military activity.
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(b) A law enforcement officer enforcing the laws of the United States or of this state or while engaged in a lawful
law enforcement activity.
(c) A person engaged in self-defense or the lawful defense of another person.
(d) Unless acting with an unlawful purpose, a person acting within the scope of his or her employment under a ruleor a permit or license of the United States or of this state.
(2) Unless acting with an unlawful purpose, a person who within the scope of his or her employment violates a ruleor a provision of a permit or license issued by the United States or this state to manufacture, deliver, possess, transport,place, classify, label, use, or release a substance or device shall not be prosecuted under this chapter.
(3) This chapter does not prohibit the possession and use of a device that uses electro-muscular disruption
technology as permitted under section 224a.
Sec. 200l. (1) A person shall not commit an act with the intent to cause an individual to falsely believe that theindividual has been exposed to a harmful biological substance, harmful biological device, harmful chemical substance,
harmful chemical device, harmful radioactive material, harmful radioactive device, or harmful electronic orelectromagnetic device.
(2) 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 both.
Sec. 200m. A charge under or a conviction or punishment for a violation of this chapter does not prevent a personfrom being charged with, convicted of, or punished for any other violation of law arising from the same transaction.
Sec. 204. (1) A person shall not send or deliver to another person or cause to be taken or received by any person any
kind of explosive substance or any other dangerous thing with the intent to frighten, terrorize, intimidate, threaten,harass, injure, or kill any person, or with the intent to damage or destroy any real or personal property without thepermission of the property owner or, if the property is public property, without the permission of the governmental
agency having authority over that property.
(2) A person who violates this section is guilty of a crime as follows:(a) Except as otherwise provided in subdivisions (b) to (e), the person is guilty of a felony punishable byimprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.
(b) If the violation damages the property of another person, the person is guilty of a felony punishable byimprisonment for not more than 20 years or a fine of not more than $15,000.00, or both.
(c) If the violation causes physical injury to another individual, other than serious impairment of a body function, theperson is guilty of a felony punishable by imprisonment for not more than 25 years or a fine of not more than $20,000.00,
or both.
(d) If the violation causes serious impairment of a body function to another individual, the person is guilty of a felonypunishable by imprisonment for life or any term of years or a fine of not more than $25,000.00, or both.
(e) If the violation causes the death of another individual, the person is guilty of a felony and shall be imprisoned forlife without eligibility for parole and may be fined not more than $40,000.00, or both.
Sec. 207. (1) A person shall not place an explosive substance in or near any real or personal property with the intent
to frighten, terrorize, intimidate, threaten, harass, injure, or kill any person, or with the intent to damage or destroy
any real or personal property without the permission of the property owner or, if the property is public property,
without the permission of the governmental agency having authority over that property.
(2) A person who violates this section is guilty of a crime as follows:(a) Except as otherwise provided in subdivisions (b) to (e), the person is guilty of a felony punishable byimprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.
(b) If the violation damages the property of another person, the person is guilty of a felony punishable byimprisonment for not more than 20 years or a fine of not more than $15,000.00, or both.
(c) If the violation causes physical injury to another individual, other than serious impairment of a body function, theperson is guilty of a felony punishable by imprisonment for not more than 25 years or a fine of not more than $20,000.00,or both.
(d) If the violation causes serious impairment of a body function to another individual, the person is guilty of a felonypunishable by imprisonment for life or for any term of years or a fine of not more than $25,000.00, or both.
(e) If the violation causes the death of another individual, the person is guilty of a felony and shall be imprisoned forlife without eligibility for parole and may be fined not more than $40,000.00, or both.
Sec. 209. (1) A person who places an offensive or injurious substance or compound in or near to any real or personal
property with intent to wrongfully injure or coerce another person or to injure the property or business of another2person, or to interfere with another person’s use, management, conduct, or control of his or her business or property is
guilty of a crime as follows:(a) Except as otherwise provided in subdivisions (b) to (e), the person is guilty of a felony punishable byimprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.
(b) If the violation damages the property of another person, the person is guilty of a felony punishable byimprisonment for not more than 20 years or a fine of not more than $15,000.00, or both.
(c) If the violation causes physical injury to another individual, other than serious impairment of a body function, theperson is guilty of a felony punishable by imprisonment for not more than 25 years or a fine of not more than $20,000.00,or both.
(d) If the violation causes serious impairment of a body function to another individual, the person is guilty of a felonypunishable by imprisonment for life or for any term of years or a fine of not more than $25,000.00, or both.
(e) If the violation causes the death of another individual, the person is guilty of a felony and shall be imprisoned forlife without eligibility for parole and may be fined not more than $40,000.00, or both.
(2) A person who places an offensive or injurious substance or compound in or near to any real or personal property
with the intent to annoy or alarm any person is guilty of a felony punishable by imprisonment for not more than 5 years
or a fine of not more than $3,000.00, or both.
Sec. 210. (1) A person shall not carry or possess an explosive or combustible substance or a substance or compoundthat when combined with another substance or compound will become explosive or combustible or an article containing
an explosive or combustible substance or a substance or compound that when combined with another substance orcompound will become explosive or combustible, with the intent to frighten, terrorize, intimidate, threaten, harass,injure, or kill any person, or with the intent to damage or destroy any real or personal property without the permissionof the property owner or, if the property is public property, without the permission of the governmental agency having
authority over that property.
(2) A person who violates subsection (1) is guilty of a crime as follows:(a) Except as provided in subdivisions (b) to (e), 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.
(b) If the violation damages the property of another person, the person is guilty of a felony punishable byimprisonment for not more than 20 years or a fine of not more than $15,000.00, or both.
(c) If the violation causes physical injury to another individual, other than serious impairment of a body function, theperson is guilty of a felony punishable by imprisonment for not more than 25 years or a fine of not more than $20,000.00,or both.
(d) If the violation causes serious impairment of a body function to another individual, the person is guilty of a felonypunishable by imprisonment for life or for any term of years or a fine of not more than $25,000.00, or both.
(e) If the violation causes the death of another individual, the person is guilty of a felony and shall be imprisoned forlife without eligibility for parole and may be fined not more than $40,000.00, or both.
Sec. 211a. (1) A person shall not manufacture, buy, sell, furnish, or have in his or her possession any device that isdesigned to explode or that will explode upon impact or with the application of heat or a flame, or that is highly
incendiary, with the intent to frighten, terrorize, intimidate, threaten, harass, injure, or kill any person, or with theintent to damage or destroy any real or personal property without the permission of the property owner or, if theproperty is public property, without the permission of the governmental agency having authority over that property.
(2) A person who violates subsection (1) is guilty of a crime as follows:(a) Except as provided in subdivisions (b) to (e), 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.
(b) If the violation damages the property of another person, the person is guilty of a felony punishable byimprisonment for not more than 20 years or a fine of not more than $15,000.00, or both.
(c) If the violation causes physical injury to another individual, other than serious impairment of a body function, theperson is guilty of a felony punishable by imprisonment for not more than 25 years or a fine of not more than $20,000.00,or both.
(d) If the violation causes serious impairment of a body function to another individual, the person is guilty of a felonypunishable by imprisonment for life or any term of years or a fine of not more than $25,000.00, or both.
(e) If the violation causes the death of another individual, the person is guilty of a felony and shall be imprisoned forlife without eligibility for parole and may be fined not more than $40,000.00, or both.
Sec. 212a. (1) If a person violates this chapter and the violation is committed in or is directed at a vulnerable target,
the person is guilty of a felony punishable by imprisonment for not more than 20 years. The court may order a term of
imprisonment imposed under this section to be served consecutively to the term of imprisonment for the underlying
violation.
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(2) As used in this section, “vulnerable target” means any of the following:(a) A child care center or day care center as defined in section 1 of 1973 PA 116, MCL 722.111.
(b) A health care facility or agency as defined in section 20106 of the public health code, 1978 PA 368, MCL
333.20106.
(c) A building or structure open to the general public.
(d) A church, synagogue, mosque, or other place of religious worship.
(e) A public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any
grade 1 through 12.
(f) An institution of higher education.
(g) A stadium.
(h) A transportation structure or facility open to the public, including, but not limited to, a bridge, a tunnel, a public
highway, or a railroad.
(i) An airport. As used in this subdivision, “airport” means that term as defined in section 2 of the aeronautics codeof the state of Michigan, 1945 PA 327, MCL 259.2.
(j) Port facilities. As used in this subdivision, “port facilities” means that term as defined in section 2 of the HertelLaw-T. Stopczynski port authority act, 1978 PA 639, MCL 120.102.
(k) A public services facility. As used in this subdivision, “public services facility” means any of the following
facilities whether publicly or privately owned:(i) A natural gas refinery, natural gas storage facility, or natural gas pipeline.
(ii) An electric, steam, gas, telephone, power, water, or pipeline facility.
(iii) A nuclear power plant, nuclear reactor facility, or nuclear waste storage facility.
(l) A petroleum refinery, petroleum storage facility, or petroleum pipeline.
(m) A vehicle, locomotive or railroad car, aircraft, or watercraft used to provide transportation services to the public
or to provide for the movement of goods in commerce.
(n) A building, structure, or other facility owned or operated by the federal government, by this state, or by apolitical subdivision or any other instrumentality of this state or of a local unit of government.
Enacting section 1. This amendatory act takes effect January 1, 2004.
Enacting section 2. This amendatory act does not take effect unless House Bill No. 4513 of the 92nd Legislature isenacted into law.
This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor4