2023 Michigan Compiled Laws › Chapter 750 - Michigan Penal Code › Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568) › 328-1931-XI - Chapter XI Assaults (750.81...750.90h) › Section 750.81 - Assault or Assault and Battery; Penalties; Previous Convictions; Exception; “Dating Relationship” Defined.

***** 750.81 THIS SECTION IS AMENDED EFFECTIVE MARCH 5, 2024: See 750.81.amended *****
750.81 Assault or assault and battery; penalties; previous convictions; exception; “dating relationship” defined.
Sec. 81.
(1) Except as otherwise provided in this section, a person who assaults or assaults and batters an individual, if no other punishment is prescribed by law, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(2) Except as provided in subsection (3), (4), or (5), an individual who assaults or assaults and batters his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(3) An individual who assaults or assaults and batters an individual who is pregnant and who knows the individual is pregnant is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(4) An individual who commits an assault or an assault and battery in violation of subsection (2) or (3), and who has previously been convicted of assaulting or assaulting and battering an individual described in either subsection (2) or subsection (3) under any of the following, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both:
(a) This section or an ordinance of a political subdivision of this state substantially corresponding to this section.
(b) Section 81a, 82, 83, 84, or 86.
(c) A law of another state or an ordinance of a political subdivision of another state substantially corresponding to this section or section 81a, 82, 83, 84, or 86.
(5) An individual who commits an assault or an assault and battery in violation of subsection (2) or (3), and who has 2 or more previous convictions for assaulting or assaulting and battering an individual described in either subsection (2) or subsection (3) under any of the following, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both:
(a) This section or an ordinance of a political subdivision of this state substantially corresponding to this section.
(b) Section 81a, 82, 83, 84, or 86.
(c) A law of another state or an ordinance of a political subdivision of another state substantially corresponding to this section or section 81a, 82, 83, 84, or 86.
(6) This section does not apply to an individual using necessary reasonable physical force in compliance with section 1312 of the revised school code, 1976 PA 451, MCL 380.1312.
(7) As used in this section, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.
History:
1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 75081 ;-- Am. 1994, Act 64, Eff. July 1, 1994 ;-- Am. 1999, Act 270, Eff. July 1, 2000 ;-- Am. 2000, Act 462, Imd. Eff. Jan. 10, 2001 ;-- Am. 2001, Act 189, Eff. Apr. 1, 2002 ;-- Am. 2001, Act 190, Eff. Apr. 1, 2002 ;-- Am. 2012, Act 366, Eff. Apr. 1, 2013 ;-- Am. 2016, Act 87, Eff. July 25, 2016
Former Law:
See section 29 of Ch. 153 of R.S. 1846, being CL 1857, § 5739; CL 1871, § 7538; How., § 9103; CL 1897, § 11498; CL 1915, § 15220; CL 1929, § 16736; Act 167 of 1879; and Act 54 of 1929.