# منتديات القانون الجنائي Criminal Law Forum > القوانين الأجنبية الجنائية  Foreign Criminal Laws >  The michigan penal code

## هيثم الفقى

*Act 328 of 1931*
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AN ACT to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide 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 or contravening any of the provisions of this act.


*History:* 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1991, Act 56, Eff. Jan. 1, 1992 ;-- Am. 2005, Act 105, Eff. Dec. 1, 2005 
*Constitutionality:* Michigan's anti-stalking law is not an unconstitutionally vague threat to freedom of speech. Staley v Jones, 239 F3d 769 (CA 6, 2001).
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## هيثم الفقى

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750.1 Michigan penal code; short title. 

Sec. 1.
Short title—This act shall be known and may be cited as “The Michigan Penal Code”.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.1 
Compiler's Notes: The catchlines following the act section numbers were incorporated as part of the act as enacted.
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## هيثم الفقى

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750.2 Rule of construction. 

Sec. 2.
Rule of construction—The rule that a penal statute is to be strictly construed shall not apply to this act or any of the provisions thereof. All provisions of this act shall be construed according to the fair import of their terms, to promote justice and to effect the objects of the law.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.2
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## هيثم الفقى

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750.3 Civil rights or remedies not affected. 

Sec. 3.
Civil rights or remedies not affected—The provisions of this act are not to be deemed to affect any civil rights or remedies existing at the time when this act takes effect, by virtue of the common law or of any provision of statute.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.3 
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## هيثم الفقى

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750.4 Civil remedies preserved. 

Sec. 4.
Civil remedies preserved—The omission to specify or affirm in this act any liability to damages, penalty, forfeiture or other remedy, imposed by law, and allowed to be recovered, or enforced in any civil action or proceeding, for any act or omission declared punishable herein does not affect any right to recover or enforce the same.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.4 
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## هيثم الفقى

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750.5 “Crime” defined. 

Sec. 5.
“Crime” means an act or omission forbidden by law which is not designated as a civil infraction, and which is punishable upon conviction by any 1 or more of the following:
(a) Imprisonment.
(b) Fine not designated a civil fine.
(c) Removal from office.
(d) Disqualification to hold an office of trust, honor, or profit under the state.
(e) Other penal discipline.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.5 ;-- Am. 1978, Act 513, Eff. Mar. 30, 1979 
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## هيثم الفقى

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750.6 Division of crime. 

Sec. 6.
Division of crime—A crime is:
1. A felony; or
2. A misdemeanor.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.6 
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## هيثم الفقى

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750.7 Felony; definition. 

Sec. 7.
Felony—The term “felony” when used in this act, shall be construed to mean an offense for which the offender, on conviction may be punished by death, or by imprisonment in state prison.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.7 
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## هيثم الفقى

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750.8 Misdemeanor; definition. 

Sec. 8.
Misdemeanor—When any act or omission, not a felony, is punishable according to law, by a fine, penalty or forfeiture, and imprisonment, or by such fine, penalty or forfeiture, or imprisonment, in the discretion of the court, such act or omission shall be deemed a misdemeanor.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.8 
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## هيثم الفقى

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750.9 Misdemeanor; definition. 

Sec. 9.
Misdemeanor—When the performance of any act is prohibited by this or any other statute, and no penalty for the violation of such statute is imposed, either in the same section containing such prohibition, or in any other section or statute, the doing of such act shall be deemed a misdemeanor.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.9 
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## هيثم الفقى

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750.10 Miscellaneous; definition. 

Sec. 10.
Miscellaneous—In this act:
The singular number includes the plural and the plural includes the singular.
The masculine gender includes the feminine and neuter genders.
The words “person”, “accused”, and similar words include, unless a contrary intention appears, public and private corporations, copartnerships, and unincorporated or voluntary associations.
The term “act” or “doing of an act” includes “omission to act”.
The word “property” includes any matter or thing upon or in respect to which any offense may be committed.
The word “indictment” includes information, presentment, complaint, warrant and any other formal written accusation.
The word “indictment”, unless a contrary intention appears, includes any count thereof.
The term “writing”, “written”, and any term of like import includes words printed, painted, engraved, lithographed, photographed or otherwise copied, traced or made visible to the eye.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.10 
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## هيثم الفقى

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750.10a ***ually delinquent persons; definition. 

Sec. 10a.
The term “***ually delinquent person” when used in this act shall mean any person whose ***ual behavior is characterized by repetitive or compulsive acts which indicate a disregard of consequences or the recognized rights of others, or by the use of force upon another person in attempting *** relations of either a hetero***ual or homo***ual nature, or by the commission of ***ual aggressions against children under the age of 16.

History: Add. 1952, Act 73, Eff. Sept. 18, 1952 
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## هيثم الفقى

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750.11 Taking a woman and compelling her to marry; felony, penalty. 

Sec. 11.
Taking a woman and compelling her to marry—Any person who shall take any woman unlawfully and against her will, and by force, menace, or duress, compel her to marry him or any other person, or to be defiled, shall be guilty of a felony, punishable by imprisonment in the state prison for life or any term of years.
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## هيثم الفقى

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750.12 Taking woman with intent to compel her to marry; felony, penalty. 

Sec. 12.
Taking a woman with intent to compel her to marry—Any person who shall take any woman unlawfully and against her will with intent to compel her by force, menace or duress, to marry him or any other person, or to be defiled, 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, 750.12 
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## هيثم الفقى

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750.13 Enticing away female under sixteen; felony, penalty. 

Sec. 13.
Enticing away female under 16 years for purpose of marriage, etc.—Any person who shall take or entice away any female under the age of 16 years, from her father, mother, guardian, or other person having the legal charge of her person, without their consent, either for the purpose of prostitution, concubinage, ***ual intercourse or marriage, 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, 750.13 
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## هيثم الفقى

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750.14 Miscarriage; administering with intent to procure; felony, penalty. 

Sec. 14.
Administering drugs, etc., with intent to procure miscarriage—Any person who shall wilfully administer to any pregnant woman any medicine, drug, substance or thing whatever, or shall employ any instrument or other means whatever, with intent thereby to procure the miscarriage of any such woman, unless the same shall have been necessary to preserve the life of such woman, shall be guilty of a felony, and in case the death of such pregnant woman be thereby produced, the offense shall be deemed manslaughter.
In any prosecution under this section, it shall not be necessary for the prosecution to prove that no such necessity existed.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.14 
Constitutionality: Section held unconstitutional as relating to abortions in the first trimester of a pregnancy as authorized by the pregnant woman's attending physician in the exercise of his medical judgment. People v Bricker, 389 Mich 524; 208 NW2d 172 (1973).
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## هيثم الفقى

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750.15 Abortion, drugs or medicine; advertising or sale to procure; misdemeanor. 

Sec. 15.
Selling drugs, etc., to produce abortion—Any person who shall in any manner, except as hereinafter provided, advertise, publish, sell or publicly expose for sale any pills, powder, drugs or combination of drugs, designed expressly for the use of females for the purpose of procuring an abortion, shall be guilty of a misdemeanor.
Any drug or medicine known to be designed and expressly prepared for producing an abortion, shall only be sold upon the written prescription of an established practicing physician of the city, village, or township in which the sale is made; and the druggist or dealer selling the same shall, in a book provided for that purpose, register the name of the purchaser, the date of the sale, the kind and quantity of the medicine sold, and the name and residence of the physician prescribing the same.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.15 
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## هيثم الفقى

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750.16 Adulteration; drugs or medicine injurious to health; violations; penalty; “serious impairment of a body function” defined; other violations committed. 

Sec. 16.
(1) Except as otherwise provided in this section, a person who knowingly or recklessly commits any of the following actions is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both:
(a) Adulterates, misbrands, removes, or substitutes a drug or medicine so as to render that drug or medicine injurious to health.
(b) Sells, offers for sale, possesses for sale, causes to be sold, or manufactures for sale a drug or medicine that has been adulterated, misbranded, removed, or substituted so as to render it injurious to health.
(2) A person who violates subsection (1), which violation results in personal injury, is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $4,000.00, or both.
(3) A person who violates subsection (1), which violation results in serious impairment of a body function, 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.
(4) A person who violates subsection (1), which violation results in death, is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $20,000.00, or both.
(5) A person who violates subsection (1) with the intent to kill or to cause serious impairment of a body function of 2 or more individuals, which violation results in death, is guilty of a felony punishable by imprisonment for life without possibility of parole or life without possibility of parole and a fine of not more than $40,000.00. It is not a defense to a charge under this subsection that the person did not intend to kill a specific individual or did not intend to cause serious impairment of a body function of 2 or more specific individuals.
(6) As used in this section, “serious impairment of a body function” means that phrase as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.
(7) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.16 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003 ;-- Am. 2004, Act 213, Eff. Oct. 12, 2004 
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## هيثم الفقى

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750.17 Repealed. 1968, Act 39, Eff. Jan. 1, 1969. 



Compiler's Notes: The repealed section pertained to adulteration and misbranding of food.
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## هيثم الفقى

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750.18 Prohibiting mixing drugs or medicine; injuriously affecting quality; violations; penalties; “serious impairment of body function” defined; other violations committed. 

Sec. 18.
(1) Except for the purpose of compounding in the necessary preparation of medicine, a person shall not knowingly or recklessly mix, color, stain, or powder, or order or permit another person to mix, color, stain, or powder, a drug or medicine with an ingredient or material so as to injuriously affect the quality or potency of the drug or medicine. 
(2) A person shall not sell, offer for sale, possess for sale, cause to be sold, or manufacture for sale a drug or medicine mixed, colored, stained, or powdered in the manner proscribed in subsection (1).
(3) Except as otherwise provided in this section, a person who violates subsection (1) or (2) is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both.
(4) A person who violates subsection (1) or (2), which violation results in personal injury, is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $4,000.00, or both.
(5) A person who violates subsection (1) or (2), which violation results in serious impairment of a body function, 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.
(6) A person who violates subsection (1) or (2), which violation results in death, is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $20,000.00, or both.
(7) A person who violates subsection (1) or (2) with the intent to kill or to cause serious impairment of a body function of 2 or more individuals, which violation results in death, is guilty of a felony punishable by imprisonment for life without possibility of parole or life without possibility of parole and a fine of not more than $40,000.00. It is not a defense to a charge under this subsection that the person did not intend to kill a specific individual or did not intend to cause serious impairment of a body function of 2 or more specific individuals.
(8) As used in this section, “serious impairment of a body function” means that phrase as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.
(9) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.18 ;-- Am. 2004, Act 213, Eff. Oct. 12, 2004 
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## هيثم الفقى

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750.19-750.24 Repealed. 1968, Act 39, Eff. Jan. 1, 1969. 



Compiler's Notes: The repealed sections pertained to adulteration of food, drink, candy, grain or feed, honey, maple sugar, molasses, and syrup, and to misbranding of same.
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## هيثم الفقى

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750.25 Adulteration of butter and cream. 

Sec. 25.
(1) A person who possesses with intent to sell, or offer or expose for sale, or sell as butter or as cream, a product that is adulterated within the meaning of this section is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.
(2) Butter is adulterated within the meaning of this section if 1 or both of the following conditions exist:
(a) The fat content is not exclusively derived from cow's milk. 
(b) The butter contains less than 80% of milk fat.
(3) Cream is adulterated within the meaning of this section if 1 or more of the following conditions exist:
(a) The cream contains less than 18% of milk fat. 
(b) The cream is not that portion of milk, rich in milk fat, that rises to the surface of milk on standing, or is separated from it by centrifugal force. 
(c) The cream is not clean.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1937, Act 32, Imd. Eff. May 7, 1937 ;-- CL 1948, 750.25 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003 
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## هيثم الفقى

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750.27 Adulterated cigarettes. 

Sec. 27.
Adulterated cigarettes—Any person within the state who manufactures, sells or gives to any one, any cigarette containing any ingredient deleterious to health or foreign to tobacco, shall be guilty of a misdemeanor.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.27 
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## هيثم الفقى

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750.28 Cereal beverage with alcoholic content; furnishing to minors, penalty. 

Sec. 28.
Any person who shall sell, give or furnish to a minor, except upon authority of and pursuant to a prescription of a duly licensed physician, any cereal beverage of any alcoholic content under the name of “near beer”, or “brew”, or “bru”, or any other name which is capable of conveying the impression to the purchaser that the beverage has an alcoholic content, shall be guilty of a misdemeanor.

History: Add. 1957, Act 283, Eff. Sept. 27, 1957 
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## هيثم الفقى

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750.29 Adultery; definition. 

Sec. 29.
Definition—Adultery is the ***ual intercourse of 2 persons, either of whom is married to a third person.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.29 
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## هيثم الفقى

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750.30 Adultery; punishment. 

Sec. 30.
Punishment—Any person who shall commit adultery shall be guilty of a felony; and when the crime is committed between a married woman and a man who is unmarried, the man shall be guilty of adultery, and liable to the same punishment.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.30 
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## هيثم الفقى

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750.31 Adultery; complaint and time of prosecution. 

Sec. 31.
Complainant and time prosecution to be commenced—No prosecution for adultery, under the preceding section, shall be commenced, but on the complaint of the husband or wife; and no such prosecution shall be commenced after 1 year from the time of committing the offense.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.31 
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## هيثم الفقى

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750.32 Adultery; cohabitation of divorced parties. 

Sec. 32.
Cohabitation by divorced parties—If any persons after being divorced from the bonds of matrimony for any cause whatever, shall cohabit together, they shall be liable to all the penalties provided by law against adultery.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.32 
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## هيثم الفقى

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750.33 False advertising; penalty; excepted participants in publication. 

Sec. 33.
(1) A person who, with intent to sell, purchase, dispose of, or acquire merchandise, securities, service, or anything offered or sought by the person, directly or indirectly, to or from the public for sale, purchase, or distribution, or with intent to increase the consumption of merchandise, securities, service, or other thing offered or sought, or to induce the public in any manner to enter into an obligation relating to or interest in the merchandise, securities, service, or other thing offered or sought, makes, publishes, disseminates, circulates, or places before the public, or causes directly or indirectly to be made, published, disseminated, circulated, or placed before or communicated to the public, in a newspaper or by radio broadcast, television, telephone, or telegraph or other mode of communication or publication or in the form of a book, notice, handbill, poster, bill, circular, pamphlet, letter, or communication, including communication by telephone or telegraph to 2 or more persons, or in any other way, in advertisement of any sort regarding merchandise, securities, service, or anything so offered to or sought from the public, or regarding the motive or purpose of a sale, purchase, distribution, or acquisition, which advertisement contains an assertion, representation, or statement or illustration, including statements of present or former sale price or value, which is false, deceptive, or misleading, or calculated to subject another person to disadvantage or injury through the publication of false or deceptive statements or as part of a plan or scheme with the intent, design, or purpose not to sell the merchandise, commodities, or service so advertised at the price stated therein, or otherwise communicated, or with intent not to sell the merchandise, commodities, or service so advertised is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.
(2) Subsection (1) does not apply to an owner, publisher, printer, agent, or employee of a newspaper or other publication, periodical, or circular, or of a radio station or television station, who in good faith and without knowledge of the falsity or deceptive character thereof, publishes, causes to be published, or takes part in the publication of an advertisement described in subsection (1).
(3) Subsection (1) does not apply to any person, firm, or corporation providing telephone service to subscribers as a public utility.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1941, Act 340, Eff. Jan. 10, 1942 ;-- CL 1948, 750.33 ;-- Am. 1955, Act 176, Eff. Oct. 14, 1955 ;-- Am. 1957, Act 180, Eff. Sept. 27, 1957 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003 
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## هيثم الفقى

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750.33a Character or extent of business misrepresentation; penalty. 

Sec. 33a.
Any person who states, in an advertisement of his goods, that he is a producer, manufacturer, processor, wholesaler or importer, or that he owns or controls a factory or other source of supply of goods, when such is not the fact, or in any other manner knowingly misrepresents the character, extent, volume or type of his business, is guilty of a misdemeanor.

History: Add. 1965, Act 105, Eff. Mar. 31, 1966 
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## هيثم الفقى

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750.34 Advertising relating to ***ual diseases. 

Sec. 34.
A person who advertises in his or her own name or in the name of another person, firm or pretended firm, association, or corporation or pretended corporation, in a newspaper, pamphlet, circular, periodical, or other written or printed paper, or the owner, publisher, or manager of a newspaper or periodical who permits to be published or inserted in a newspaper or periodical owned or controlled by him or her, an advertisement of the treating or curing of venereal diseases, the restoration of “lost manhood” or “lost vitality or vigor”, or advertises in any manner that he or she is a specialist in diseases of the ***ual organs, or diseases caused by ***ual vice or masturbation, or in any diseases of like cause, or shall advertise in any manner any medicine, drug, compound, appliance, or any means whatever whereby ***ual diseases of men or women may be cured or relieved, or miscarriage or abortion produced, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.34 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003 
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## هيثم الفقى

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750.35 Immoral advertising; publishing and distributing. 

Sec. 35.
Publishing and distributing immoral advertising—Any person publishing, distributing or causing to be distributed or circulated any of the advertising matter described in the next preceding section either in newspaper or other printed or written forms, shall be guilty of a misdemeanor and punished as provided in said next preceding section.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.35 
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## هيثم الفقى

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750.36 Immoral advertising; evidence. 

Sec. 36.
Prima facie evidence of guilt—Any advertisement found in any newspaper, pamphlet or circular containing the words “Lost manhood”, “Lost vitality or vigor” or other expressions synonymous therewith, shall be prima facie evidence of the guilt of the party or parties subscribing to the said advertisements, their agents or representatives, and the same penalties shall apply to the publishers of papers containing the same as prescribed in the next preceding section.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.36 
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## هيثم الفقى

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750.37 Immoral advertising; penalty. 

Sec. 37.
Penalty construed—The next 3 preceding sections of this chapter shall not be construed as creating a penalty in addition to that specified in Act No. 237 of the Public Acts of 1899, as amended, being sections 6737 to 6747, inclusive, of the Compiled Laws of 1929, for the acts made unlawful therein.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.37 
Compiler's Notes: Act 237 of 1899, referred to in this section, was repealed by Act 185 of 1973.
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## هيثم الفقى

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750.38 Personal violence or human form; displaying. 

Sec. 38.
Displaying, etc., pictures, etc., representing personal violence or human form—Any person who shall post, place or display on any sign board, bill board, fence, building, sidewalk, or other object, or in any street, road, or other public place, any sign, picture, printing or other representation of murder, assassination, stabbing, fighting or of any personal violence, or of the commission of any crime, or any representation of the human form in an attitude or dress which would be indecent in the case of a living person, if such person so appeared in any public street, square or highway, shall be guilty of a misdemeanor.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.38 
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## هيثم الفقى

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750.39 Patent medicines; publication in immoral or ambiguous language. 

Sec. 39.
Publication of virtues of patent medicines in immoral or ambiguous language—Any person who shall print, stamp, or engrave on any cards, bills or posters for public display or advertisement, or publish in any newspaper in the state of Michigan, the virtues or applications and its or their effects of any patent and other simple or compound medicine, in language of immoral tendency or of ambiguous character, shall be guilty of a misdemeanor. Each day that such publication appears shall be deemed a separate offense under this section.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.39 
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## هيثم الفقى

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750.40 Private diseases; conceptive preventatives; publication of cures. 

Sec. 40.
Publication in indecent language of cures for private diseases and conceptive preventatives—The publication or sale within this state of any circular, pamphlet or book containing recipes or prescriptions in indecent or obscene language for the cure of chronic female complaints or private diseases, or recipes or prescriptions for drops, pills, tinctures, or other compounds designed to prevent conception, or tending to produce miscarriage or abortion is hereby prohibited; and for each copy thereof, so published and sold, containing such prohibited recipes or prescriptions, the publisher and seller shall each be guilty of a misdemeanor.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.40 
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## هيثم الفقى

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750.41 Repealed. 2002, Act 211, Imd. Eff. Apr. 29, 2002. 



Compiler's Notes: The repealed section pertained to sale and distribution of criminal news printed matter.
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## هيثم الفقى

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750.42 Repealed. 2000, Act 238, Imd. Eff. June 27, 2000. 



Compiler's Notes: The repealed section pertained to advertisements of intoxicating liquors referrring to deceased ex-presidents of the United States.
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## هيثم الفقى

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750.42a Outdoor sign advertising smokeless tobacco product; warning statements; local ordinance, regulation, or other law. 

Sec. 42a.
(1) A person who uses an outdoor sign to advertise a smokeless tobacco product shall display on the outdoor sign 1 of the following statements:
(a) “WARNING: This product may cause mouth cancer.”
(b) “WARNING: This product may cause gum disease and tooth loss.”
(c) “WARNING: This product is not a safe alternative to cigarettes.”
(2) The warning statements required under subsection (1) shall be rotated every 4 months, and shall meet all of the following requirements:
(a) Be surrounded by a black border, the width of which is not less than the width of the vertical element of a letter in the warning statement. There shall be a 1-1/2 inch white border surrounding the black border.
(b) Be printed in capital letters that are black on a white background, and in the following size and type:
(i) For an outdoor sign that has a surface area of more than 150 square feet, but less than 350 square feet, the letters shall be not less than 5-1/2 inches in height and printed in univers 67 cold type.
(ii) For an outdoor sign that has a surface area of 350 square feet or more, but less than 1,200 square feet, the letters shall be not less than 6 inches in height and printed in univers 59 cold type.
(iii) For an outdoor sign that has a surface area of 1,200 square feet or more, the letters shall be not less than 8 inches in height and printed in univers 57 cold type.
(3) An ordinance, regulation, or other law enacted by a local unit of government shall not require either of the following for an outdoor sign that advertises a smokeless tobacco product:
(a) A statement other than 1 of the statements required under subsection (1).
(b) For the statements required under subsection (1), a format and type style other than the format and type style required under subsection (2).
(4) A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year or a fine of not more than $5,000.00, or both.
(5) As used in this section:
(a) “Outdoor sign” means a sign, display, device, figure, painting, drawing, message, placard, poster, or billboard that is placed outdoors, is stationary, has a surface area of more than 150 square feet, and is designed, intended, or used to advertise or promote.
(b) “Person” means an individual, corporation, partnership, or other business entity that manufactures, packages, or imports smokeless tobacco products.
(c) “Smokeless tobacco product” means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral cavity.

History: Add. 1988, Act 295, Eff. Mar. 30, 1989 
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750.42b Selling or distributing tobacco products through U.S. mail service, express mail service, parcel post service, or common carrier prohibited; exceptions; violation as misdemeanor; penalty; definitions. 

Sec. 42b.
(1) Except as provided in subsection (3), a person shall not sell or distribute a tobacco product in this state through the use of the United States mail service, express mail service, parcel post service, or any common carrier service except to persons who have previously paid or agreed to pay for the products at fair market value. This subsection shall not be construed to apply to any person employed by the United States postal service or by any common carrier while carrying or delivering a tobacco product mailed or shipped by another person.
(2) A person shall not, as part of his, her, or its business, either directly or through an agent, distribute tobacco products to persons who did not previously pay or agree to pay for the products unless all of the following provisions are met:
(a) The person or agent distributing the tobacco product distributes only tobacco products regularly sold or manufactured by that person or agent.
(b) The person distributing the tobacco product ascertains that the person receiving the tobacco product is 18 years of age or older.
(c) The person receiving the tobacco product is physically present to receive the product.
(d) Distribution is not prohibited by any local ordinance.
(3) Subsection (1) does not prohibit the sale or distribution of a tobacco product in this state through the use of the United States mail service, express mail service, parcel post service, or any common carrier service if the sale or distribution is in response to a consumer complaint or is part of a direct mail marketing of products to specifically named individuals, and which response or marketing involves the prior return by the same specifically-named individual of an authorization card to the tobacco company that indicates that the individual is at least 18 years of age, is signed by the individual and is kept on file by the tobacco company for at least 1 year.
(4) A person who violates subsection (1) is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year, or by a fine of not more than $10,000.00, or both.
(5) A person who violates subsection (2) is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, a fine of not more than $500.00, service to the community for not more than 180 days, or any combination thereof.
(6) As used in this section:
(a) “Employed” includes engaged as an agent or independent contractor.
(b) “Person” means an individual, partnership, corporation, association, or other legal entity.
(c) “Sell or distribute” includes sending or providing free samples or any other distribution not for sale.

History: Add. 1992, Act 273, Imd. Eff. Dec. 16, 1992
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750.43 Aircraft and aeronautics; definitions. 

Sec. 43.
Definitions—Whenever the word “aircraft” is used in this chapter it shall mean any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air except a parachute or other contrivance designed and used primarily for safety equipment. “Passenger” means any person not the pilot or member of the crew of any aircraft. “Aeronaut” includes aviator, pilot, balloonist, and every other person having any part in the operation of aircraft while in flight.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.43 
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750.44 Trick or acrobatic flying. 

Sec. 44.
An aeronaut or passenger who, while in flight over a thickly inhabited area or over a public gathering engages in trick or acrobatic flying or in any acrobatic feat or, except while in landing or taking off, flies at such a low level as to endanger the persons on the surface beneath, or drop or release any object or thing that may endanger life or injure property except when necessary to the personal safety of the aeronaut or passenger, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1937, Act 67, Eff. Oct. 29, 1937 ;-- CL 1948, 750.44 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003 
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750.45 Open air assemblies; operation of aircraft; altitude. 

Sec. 45.
A person who operates an aircraft over open air assemblies of people at a height of less than 1,500 feet from the ground is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00. This section does not apply to groups assembled for the purpose of witnessing aerial exhibitions and stunt flying, nor to groups assembled at a flying field.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.45 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003 
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750.46-750.48 Repealed. 1978, Act 571, Imd. Eff. Jan. 2, 1979.
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750.49 Animal; definition; fighting, baiting, or shooting; prohibited conduct; violation as felony; costs; dog trained or used for fighting or offspring of dog trained or used for fighting; prohibited conduct; exceptions; confiscation of dog; award of dog to animal welfare agency; euthanasia; expenses; forfeiture of animals, equipment, devices, and money; disposition of money seized; additional exceptions. 
Sec. 49.
(1) As used in this section, "animal" means a vertebrate other than a human.
(2) A person shall not knowingly do any of the following:
(a) Own, possess, use, buy, sell, offer to buy or sell, import, or export an animal for fighting or baiting, or as a target to be shot at as a test of skill in marksmanship.
(b) Be a party to or cause the fighting, baiting, or shooting of an animal as described in subdivision (a).
(c) Rent or otherwise obtain the use of a building, shed, room, yard, ground, or premises for fighting, baiting, or shooting an animal as described in subdivision (a).
(d) Permit the use of a building, shed, room, yard, ground, or premises belonging to him or her or under his or her control for any of the purposes described in this section.
(e) Organize, promote, or collect money for the fighting, baiting, or shooting of an animal as described in subdivisions (a) to (d).
(f) Be present at a building, shed, room, yard, ground, or premises where preparations are being made for an exhibition described in subdivisions (a) to (d), or be present at the exhibition, knowing that an exhibition is taking place or about to take place.
(g) Breed, buy, sell, offer to buy or sell, exchange, import, or export an animal the person knows has been trained or used for fighting as described in subdivisions (a) to (d), or breed, buy, sell, offer to buy or sell, exchange, import, or export the offspring of an animal the person knows has been trained or used for fighting as described in subdivisions (a) to (d). This subdivision does not prohibit owning, breeding, buying, selling, offering to buy or sell, exchanging, importing, or exporting an animal for agricultural or agricultural exposition purposes.
(h) Own, possess, use, buy, sell, offer to buy or sell, transport, or deliver any device or equipment intended for use in the fighting, baiting, or shooting of an animal as described in subdivisions (a) to (d).
(3) A person who violates subsection (2)(a) to (e) is guilty of a felony punishable by 1 or more of the following:
(a) Imprisonment for not more than 4 years.
(b) A fine of not less than $5,000.00 or more than $50,000.00.
(c) Not less than 500 or more than 1,000 hours of community service.
(4) A person who violates subsection (2)(f) to (h) is guilty of a felony punishable by 1 or more of the following:
(a) Imprisonment for not more than 4 years.
(b) A fine of not less than $1,000.00 or more than $5,000.00.
(c) Not less than 250 or more than 500 hours of community service.
(5) The court may order a person convicted of violating this section to pay the costs of prosecution.
(6) The court may order a person convicted of violating this section to pay the costs for housing and caring for the animal, including, but not limited to, providing veterinary medical treatment.
(7) As part of the sentence for a violation of subsection (2), the court shall order the person convicted not to own or possess an animal of the same species involved in the violation of this section for 5 years after the date of sentencing. Failure to comply with the order of the court pursuant to this subsection is punishable as contempt of court.
(8) If a person incites an animal trained or used for fighting or an animal that is the first or second generation offspring of an animal trained or used for fighting to attack a person and thereby causes the death of that person, the owner is guilty of a felony punishable by imprisonment for life or for a term of years greater than 15 years.
(9) If a person incites an animal trained or used for fighting or an animal that is the first or second generation offspring of an animal trained or used for fighting to attack a person, but the attack does not result in the death of the person, the owner 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.
(10) If an animal trained or used for fighting or an animal that is the first or second generation offspring of an animal trained or used for fighting attacks a person without provocation and causes the death of that person, the owner of the animal is guilty of a felony punishable by imprisonment for not more than 15 years.
(11) If an animal trained or used for fighting or an animal that is the first or second generation offspring of an animal trained or used for fighting attacks a person without provocation, but the attack does not cause the death of the person, the owner 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.
(12) Subsections (8) to (11) do not apply if the person attacked was committing or attempting to commit an unlawful act on the property of the owner of the animal.
(13) If an animal trained or used for fighting or an animal that is the first or second generation offspring of a dog trained or used for fighting goes beyond the property limits of its owner without being securely restrained, the owner is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $50.00 nor more than $500.00, or both.
(14) If an animal trained or used for fighting or an animal that is the first or second generation offspring of a dog trained or used for fighting is not securely enclosed or restrained on the owner's property, the owner is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.
(15) Subsections (8) to (14) do not apply to any of the following:
(a) A dog trained or used for fighting, or the first or second generation offspring of a dog trained or used for fighting, that is used by a law enforcement agency of the state or a county, city, village, or township.
(b) A certified leader dog recognized and trained by a national guide dog association for the blind or for persons with disabilities.
(c) A corporation licensed under the private security business and security alarm act, 1968 PA 330, MCL 338.1051 to 338.1083, when a dog trained or used for fighting, or the first or second generation offspring of a dog trained or used for fighting, is used in accordance with the private security business and security alarm act, 1968 PA 330, MCL 338.1051 to 338.1083.
(16) An animal that has been used to fight in violation of this section or that is involved in a violation of subsections (8) to (14) shall be confiscated as contraband by a law enforcement officer and shall not be returned to the owner, trainer, or possessor of the animal. The animal shall be taken to a local humane society or other animal welfare agency. If an animal owner, trainer, or possessor is convicted of violating subsection (2) or subsections (8) to (14), the court shall award the animal involved in the violation to the local humane society or other animal welfare agency.
(17) Upon receiving an animal confiscated under this section, or at any time thereafter, an appointed veterinarian, the humane society, or other animal welfare agency may humanely euthanize the animal if, in the opinion of that veterinarian, humane society, or other animal welfare agency, the animal is injured or diseased past recovery or the animal's continued existence is inhumane so that euthanasia is necessary to relieve pain and suffering. 
(18) A humane society or other animal welfare agency that receives an animal under this section shall apply to the district court or municipal court for a hearing to determine whether the animal shall be humanely euthanized because of its lack of any useful purpose and the public safety threat it poses. The court shall hold a hearing not more than 30 days after the filing of the application and shall give notice of the hearing to the owner of the animal. Upon a finding by the court that the animal lacks any useful purpose and poses a threat to public safety, the humane society or other animal welfare agency shall humanely euthanize the animal. Expenses incurred in connection with the housing, care, upkeep, or euthanasia of the animal by a humane society or other animal welfare agency, or by a person, firm, partnership, corporation, or other entity, shall be assessed against the owner of the animal.
(19) Subject to subsections (16) to (18), all animals being used or to be used in fighting, equipment, devices and money involved in a violation of subsection (2) shall be forfeited to the state. All other instrumentalities, proceeds, and substituted proceeds of a violation of subsection (2) are subject to forfeiture under chapter 47 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709.
(20) The seizing agency may deposit money seized under subsection (19) into an interest-bearing account in a financial institution. As used in this subsection, "financial institution" means a state or nationally chartered bank or a state or federally chartered savings and loan association, savings bank, or credit union whose deposits are insured by an agency of the United States government and that maintains a principal office or branch office located in this state under the laws of this state or the United States.
(21) An attorney for a person who is charged with a violation of subsection (2) involving or related to money seized under subsection (19) shall be afforded a period of 60 days within which to examine that money. This 60-day period shall begin to run after notice of forfeiture is given but before the money is deposited into a financial institution under subsection (20). If the attorney general, prosecuting attorney, or city or township attorney fails to sustain his or her burden of proof in forfeiture proceedings under subsection (19), the court shall order the return of the money, including any interest earned on money deposited into a financial institution under subsection (20).
(22) This section does not apply to conduct that is permitted by and is in compliance with any of the following:
(a) Part 401 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.40101 to 324.40119.
(b) Part 435 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.43501 to 324.43561.
(c) Part 427 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.42701 to 324.42714.
(d) Part 417 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.41701 to 324.41712.
(23) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law that is committed by that person while violating this section.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.49 ;-- Am. 1976, Act 392, Eff. Mar. 31, 1977 ;-- Am. 1988, Act 381, Eff. Mar. 30, 1989 ;-- Am. 1995, Act 228, Eff. Jan. 1, 1996 ;-- Am. 1998, Act 38, Imd. Eff. Mar. 18, 1998 ;-- Am. 2006, Act 129, Imd. Eff. May 5, 2006 
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750.50 Definitions; charge or custody of animal; prohibited conduct; forfeiture of animal; violation as misdemeanor or felony; penalty; psychiatric or psychological counseling; other violation of law arising out of same transaction; consecutive terms; order to pay costs; order prohibiting owning or possessing animal for certain period of time; violation of subsection (9); revocation of probation; certain conduct not prohibited by section. 
Sec. 50.
(1) As used in this section and section 50b:
(a) "Adequate care" means the provision of sufficient food, water, shelter, sanitary conditions, exercise, and veterinary medical attention in order to maintain an animal in a state of good health.
(b) "Animal" means any vertebrate other than a human being.
(c) "Animal protection shelter" means a facility operated by a person, humane society, society for the prevention of cruelty to animals, or any other nonprofit organization, for the care of homeless animals.
(d) "Animal control shelter" means a facility operated by a county, city, village, or township to impound and care for animals found in streets or otherwise at large contrary to any ordinance of the county, city, village, or township or state law.
(e) "Licensed veterinarian" means a person licensed to practice veterinary medicine under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(f) "Livestock" means that term as defined in the animal industry act of 1987, 1988 PA 466, MCL 287.701 to 287.747.
(g) "Person" means an individual, partnership, limited liability company, corporation, association, governmental entity, or other legal entity.
(h) "Neglect" means to fail to sufficiently and properly care for an animal to the extent that the animal's health is jeopardized.
(i) "Sanitary conditions" means space free from health hazards including excessive animal waste, overcrowding of animals, or other conditions that endanger the animal's health. This definition does not include any condition resulting from a customary and reasonable practice pursuant to farming or animal husbandry.
(j) "Shelter" means adequate protection from the elements and weather conditions suitable for the age, species, and physical condition of the animal so as to maintain the animal in a state of good health. Shelter, for livestock, includes structures or natural features such as trees or topography. Shelter, for a dog, includes 1 or more of the following:
(i) The residence of the dog's owner or other individual.
(ii) A doghouse that is an enclosed structure with a roof and of appropriate dimensions for the breed and size of the dog. The doghouse shall have dry bedding when the outdoor temperature is or is predicted to drop below freezing.
(iii) A structure, including a garage, barn, or shed, that is sufficiently insulated and ventilated to protect the dog from exposure to extreme temperatures or, if not sufficiently insulated and ventilated, contains a doghouse as provided under subparagraph (ii) that is accessible to the dog.
(k) "State of good health" means freedom from disease and illness, and in a condition of proper body weight and temperature for the age and species of the animal, unless the animal is undergoing appropriate treatment.
(l) "Tethering" means the restraint and confinement of a dog by use of a chain, rope, or similar device.
(m) "Water" means potable water that is suitable for the age and species of animal that is made regularly available unless otherwise directed by a licensed veterinarian.
(2) An owner, possessor, or person having the charge or custody of an animal shall not do any of the following:
(a) Fail to provide an animal with adequate care.
(b) Cruelly drive, work, or beat an animal, or cause an animal to be cruelly driven, worked, or beaten.
(c) Carry or cause to be carried in or upon a vehicle or otherwise any live animal having the feet or legs tied together, other than an animal being transported for medical care, or a horse whose feet are hobbled to protect the horse during transport or in any other cruel and inhumane manner.
(d) Carry or cause to be carried a live animal in or upon a vehicle or otherwise without providing a secure space, rack, car, crate, or cage, in which livestock may stand, and in which all other animals may stand, turn around, and lie down during transportation, or while awaiting slaughter. As used in this subdivision, for purposes of transportation of sled dogs, "stand" means sufficient vertical distance to allow the animal to stand without its shoulders touching the top of the crate or transportation vehicle.
(e) Abandon an animal or cause an animal to be abandoned, in any place, without making provisions for the animal's adequate care, unless premises are vacated for the protection of human life or the prevention of injury to a human. An animal that is lost by an owner or custodian while traveling, walking, hiking, or hunting is not abandoned under this section when the owner or custodian has made a reasonable effort to locate the animal.
(f) Negligently allow any animal, including one who is aged, diseased, maimed, hopelessly sick, disabled, or nonambulatory to suffer unnecessary neglect, torture, or pain.
(g) Tether a dog unless the tether is at least 3 times the length of the dog as measured from the tip of its nose to the base of its tail and is attached to a harness or nonchoke collar designed for tethering.
(3) If an animal is impounded and is being held by an animal control shelter or its designee or an animal protection shelter or its designee or a licensed veterinarian pending the outcome of a criminal action charging a violation of this section or section 50b, before final disposition of the criminal charge, the prosecuting attorney may file a civil action in the court that has jurisdiction of the criminal action, requesting that the court issue an order forfeiting the animal to the animal control shelter or animal protection shelter or to a licensed veterinarian before final disposition of the criminal charge. The prosecuting attorney shall serve a true copy of the summons and complaint upon the defendant and upon a person with a known ownership interest or known security interest in the animal or a person who has filed a lien with the secretary of state in an animal involved in the pending action. The forfeiture of an animal under this section encumbered by a security interest is subject to the interest of the holder of the security interest who did not have prior knowledge of, or consent to the commission of the crime. Upon the filing of the civil action, the court shall set a hearing on the complaint. The hearing shall be conducted within 14 days of the filing of the civil action, or as soon as practicable. The hearing shall be before a judge without a jury. At the hearing, the prosecuting attorney has the burden of establishing by a preponderance of the evidence that a violation of this section or section 50b occurred. If the court finds that the prosecuting attorney has met this burden, the court shall order immediate forfeiture of the animal to the animal control shelter or animal protection shelter or the licensed veterinarian unless the defendant, within 72 hours of the hearing, submits to the court clerk cash or other form of security in an amount determined by the court to be sufficient to repay all reasonable costs incurred, and anticipated to be incurred, by the animal control shelter or animal protection shelter or the licensed veterinarian in caring for the animal from the date of initial impoundment to the date of trial. If cash or other security has been submitted, and the trial in the action is continued at a later date, any order of continuance shall require the defendant to submit additional cash or security in an amount determined by the court to be sufficient to repay all additional reasonable costs anticipated to be incurred by the animal control shelter or animal protection shelter or the licensed veterinarian in caring for the animal until the new date of trial. If the defendant submits cash or other security to the court under this subsection the court may enter an order authorizing the use of that money or other security before final disposition of the criminal charges to pay the reasonable costs incurred by the animal control shelter or animal protection shelter or the licensed veterinarian in caring for the animal from the date of impoundment to the date of final disposition of the criminal charges. The testimony of a person at a hearing held under this subsection is not admissible against him or her in any criminal proceeding except in a criminal prosecution for perjury. The testimony of a person at a hearing held under this subsection does not waive the person's constitutional right against self-incrimination. An animal seized under this section or section 50b is not subject to any other civil action pending the final judgment of the forfeiture action under this subsection.
(4) A person who violates subsection (2) is guilty of a crime as follows:
(a) Except as otherwise provided in subdivisions (c) and (d), if the violation involved 1 animal, the person is guilty of a misdemeanor punishable by 1 or more of the following and may be ordered to pay the costs of prosecution:
(i) Imprisonment for not more than 93 days.
(ii) A fine of not more than $1,000.00.
(iii) Community service for not more than 200 hours.
(b) Except as otherwise provided in subdivisions (c) and (d), if the violation involved 2 or 3 animals or the death of any animal, the person is guilty of a misdemeanor punishable by 1 or more of the following and may be ordered to pay the costs of prosecution:
(i) Imprisonment for not more than 1 year.
(ii) A fine of not more than $2,000.00.
(iii) Community service for not more than 300 hours.
(c) If the violation involved 4 or more animals but fewer than 10 animals or the person had 1 prior conviction under subsection (2), the person is guilty of a felony punishable by 1 or more of the following and may be ordered to pay the costs of prosecution:
(i) Imprisonment for not more than 2 years.
(ii) A fine of not more than $2,000.00.
(iii) Community service for not more than 300 hours.
(d) If the violation involved 10 or more animals or the person had 2 or more prior convictions for violating subsection (2), the person is guilty of a felony punishable by 1 or more of the following and may be ordered to pay the costs of prosecution:
(i) Imprisonment for not more than 4 years.
(ii) A fine of not more than $5,000.00.
(iii) Community service for not more than 500 hours.
(5) The court may order a person convicted of violating subsection (2) to be evaluated to determine the need for psychiatric or psychological counseling and, if determined appropriate by the court, to receive psychiatric or psychological counseling. The evaluation and counseling shall be at the defendant's own expense.
(6) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law arising out of the same transaction as the violation of this section.
(7) The court may order a term of imprisonment imposed for a violation of this section to be served consecutively to a term of imprisonment imposed for any other crime including any other violation of law arising out of the same transaction as the violation of this section.
(8) As a part of the sentence for a violation of subsection (2), the court may order the defendant to pay the costs of the care, housing, and veterinary medical care for the animal, as applicable. If the court does not order a defendant to pay all of the applicable costs listed in this subsection, or orders only partial payment of these costs, the court shall state on the record the reason for that action.
(9) As a part of the sentence for a violation of subsection (2), the court may, as a condition of probation, order the defendant not to own or possess an animal for a period of time not to exceed the period of probation. If a person is convicted of a second or subsequent violation of subsection (2), the court may order the defendant not to own or possess an animal for any period of time, including permanent relinquishment of animal ownership. 
(10) A person who owns or possesses an animal in violation of an order issued under subsection (9) is subject to revocation of probation if the order is issued as a condition of probation. A person who owns or possesses an animal in violation of an order issued under subsection (9) is also subject to the civil and criminal contempt power of the court, and if found guilty of criminal contempt, may be punished by imprisonment for not more than 90 days, or by a fine of not more than $500.00, or both.
(11) This section does not prohibit the lawful killing or other use of an animal, including the following:
(a) Fishing.
(b) Hunting, trapping, or wildlife control regulated under the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106.
(c) Horse racing.
(d) The operation of a zoological park or aquarium.
(e) Pest or rodent control regulated under part 83 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8301 to 324.8336.
(f) Farming or a generally accepted animal husbandry or farming practice involving livestock.
(g) Activities authorized under rules promulgated under section 9 of the executive organization act of 1965, 1965 PA 380, MCL 16.109.
(h) Scientific research under 1969 PA 224, MCL 287.381 to 287.395.
(i) Scientific research under sections 2226, 2671, 2676, and 7333 of the public health code, 1978 PA 368, MCL 333.2226, 333.2671, 333.2676, and 333.7333.
(12) This section does not apply to a veterinarian or a veterinary technician lawfully engaging in the practice of veterinary medicine under part 188 of the public health code, 1978 PA 368, MCL 333.18801 to 333.18838.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.50 ;-- Am. 1988, Act 204, Imd. Eff. June 29, 1988 ;-- Am. 1994, Act 334, Eff. Apr. 1, 1995 ;-- Am. 1996, Act 458, Eff. Mar. 31, 1997 ;-- Am. 1998, Act 405, Imd. Eff. Dec. 21, 1998 ;-- Am. 2007, Act 152, Eff. Apr. 1, 2008 
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750.50a Guide or leader dog; prohibited conduct by individual; violation as misdemeanor; rebuttable presumption that conduct initiated or continued maliciously; conviction or sentence under other applicable law; definitions. 

Sec. 50a.
(1) An individual shall not do either of the following:
(a) Willfully and maliciously assault, beat, harass, injure, or attempt to assault, beat, harass or injure a dog that he or she knows or has reason to believe is a guide or leader dog for a blind individual, a hearing dog for a deaf or audibly impaired individual, or a service dog for a physically limited individual.
(b) Willfully and maliciously impede or interfere with, or attempt to impede or interfere with duties performed by a dog that he or she knows or has reason to believe is a guide or leader dog for a blind individual, a hearing dog for a deaf or audibly impaired individual, or a service dog for a physically limited individual.
(2) An individual who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.
(3) In a prosecution for a violation of subsection (1), evidence that the defendant initiated or continued conduct directed toward a dog described in subsection (1) after being requested to avoid or discontinue that conduct or similar conduct by a blind, deaf, audibly impaired, or physically limited individual being served or assisted by the dog shall give rise to a rebuttable presumption that the conduct was initiated or continued maliciously.
(4) A conviction and imposition of a sentence under this section does not prevent a conviction and imposition of a sentence under any other applicable provision of law.
(5) As used in this section:
(a) “Audibly impaired” means the inability to hear air conduction thresholds at an average of 40 decibels or greater in the individual's better ear.
(b) “Blind” means having a visual acuity of 20/200 or less in the individual's better eye with correction, or having a limitation of the individual's field of vision such that the widest diameter of the visual field subtends an angular distance not greater than 20 degrees.
(c) “Deaf” means the individual's hearing is totally impaired or the individual's hearing, with or without amplification, is so seriously impaired that the primary means of receiving spoken language is through other sensory input, including, but not limited to, lip reading, sign language, finger spelling, or reading.
(d) “Harass” means to engage in any conduct directed toward a guide, leader, hearing, or service dog that is likely to impede or interfere with the dog's performance of its duties or that places the blind, deaf, audibly impaired, or physically limited individual being served or assisted by the dog in danger of injury.
(e) “Injure” means to cause any physical injury to a dog described in subsection (1).
(f) “Maliciously” means any of the following:
(i) With intent to assault, beat, harass or injure a dog described in subsection (1).
(ii) With intent to impede or interfere with duties performed by a dog described in subsection (1).
(iii) With intent to disturb, endanger, or cause emotional distress to a blind, deaf, audibly impaired, or physically limited individual being served or assisted by a dog described in subsection (1).
(iv) With knowledge that the individual's conduct will, or is likely to harass or injure a dog described in subsection (1).
(v) With knowledge that the individual's conduct will, or is likely to impede or interfere with duties performed by a dog described in subsection (1).
(vi) With knowledge that the individual's conduct will, or is likely to disturb, endanger, or cause emotional distress to a blind, deaf, audibly impaired, or physically limited individual being served or assisted by a dog described in subsection (1).
(g) “Physically limited” means having limited ambulatory abilities and includes but is not limited to having a temporary or permanent impairment or condition that does 1 or more of the following:
(i) Causes the individual to use a wheelchair or walk with difficulty or insecurity.
(ii) Affects sight or hearing to the extent that an individual is insecure or exposed to danger.
(iii) Causes faulty coordination.
(iv) Reduces mobility, flexibility, coordination, or perceptiveness.

History: Add. 1994, Act 42, Eff. June 1, 1994 
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## هيثم الفقى

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750.50b Animal defined; prohibited acts; violation; penalty; exceptions. 
Sec. 50b.
(1) As used in this section, "animal" means any vertebrate other than a human being.
(2) Except as otherwise provided in this section, a person shall not do any of the following without just cause:
(a) Knowingly kill, torture, mutilate, maim, or disfigure an animal. 
(b) Commit a reckless act knowing or having reason to know that the act will cause an animal to be killed, tortured, mutilated, maimed, or disfigured.
(c) Knowingly administer poison to an animal, or knowingly expose an animal to any poisonous substance, with the intent that the substance be taken or swallowed by the animal. 
(3) A person who violates subsection (2) is guilty of a felony punishable by 1 or more of the following:
(a) Imprisonment for not more than 4 years. 
(b) A fine of not more than $5,000.00 for a single animal and $2,500.00 for each additional animal involved in the violation, but not to exceed a total of $20,000.00.
(c) Community service for not more than 500 hours. 
(4) As a part of the sentence for a violation of subsection (2), the court may order the defendant to pay the costs of the prosecution and the costs of the care, housing, and veterinary medical care for the impacted animal victim, as applicable. If the court does not order a defendant to pay all of the applicable costs listed in this subsection, or orders only partial payment of these costs, the court shall state on the record the reasons for that action.
(5) If a term of probation is ordered for a violation of subsection (2), the court may include as a condition of that probation that the defendant be evaluated to determine the need for psychiatric or psychological counseling and, if determined appropriate by the court, to receive psychiatric or psychological counseling at his or her own expense.
(6) As a part of the sentence for a violation of subsection (2), the court may order the defendant not to own or possess an animal for any period of time determined by the court, which may include permanent relinquishment.
(7) A person who owns or possesses an animal in violation of an order issued under subsection (6) is subject to revocation of probation if the order is issued as a condition of probation. A person who owns or possesses an animal in violation of an order issued under subsection (6) is also subject to the civil and criminal contempt power of the court and, if found guilty of criminal contempt, may be punished by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.
(8) This section does not prohibit the lawful killing of livestock or a customary animal husbandry or farming practice involving livestock. As used in this subsection, "livestock" means that term as defined in section 5 of the animal industry act, 1988 PA 466, MCL 287.705.
(9) This section does not prohibit the lawful killing of an animal pursuant to any of the following:
(a) Fishing.
(b) Hunting, trapping, or wildlife control regulated under the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106, and orders issued under that act.
(c) Pest or rodent control regulated under part 83 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8301 to 324.8336.
(d) Activities authorized under rules promulgated under section 9 of the executive organization act of 1965, 1965 PA 380, MCL 16.109.
(e) Section 19 of the dog law of 1919, 1919 PA 339, MCL 287.279.
(10) This section does not prohibit the lawful killing or use of an animal for scientific research under any of the following or a rule promulgated under any of the following:
(a) 1969 PA 224, MCL 287.381 to 287.395.
(b) Sections 2226, 2671, 2676, 7109, and 7333 of the public health code, 1978 PA 368, MCL 333.2226, 333.2671, 333.2676, 333.7109, and 333.7333.
(11) This section does not apply to a veterinarian or a veterinary technician lawfully engaging in the practice of veterinary medicine under part 188 of the public health code, 1978 PA 368, MCL 333.18801 to 333.18838.


History: Add. 1994, Act 126, Eff. Mar. 30, 1995 ;-- Am. 1996, Act 80, Imd. Eff. Feb. 27, 1996 ;-- Am. 2008, Act 339, Eff. Jan. 1, 2009 
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## هيثم الفقى

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750.50c Police dog or police horse; definitions; violation as felony or misdemeanor; penalty; other violations. 
Sec. 50c.
(1) As used in this section:
(a) "Dog handler" means a peace officer who has successfully completed training in the handling of a police dog pursuant to a policy of the law enforcement agency that employs that peace officer.
(b) "Physical harm" means any injury to a dog's or horse's physical condition.
(c) "Police dog" means a dog used by a law enforcement agency of this state or of a local unit of government of this state that is trained for law enforcement work and subject to the control of a dog handler.
(d) "Police horse" means a horse used by a law enforcement agency of this state or of a local unit of government of this state for law enforcement work.
(e) "Search and rescue dog" means a dog that is trained for, being trained for, or engaged in a search and rescue operation.
(f) "Search and rescue operation" means an effort conducted at the direction of an agency of this state or of a political subdivision of this state to locate or rescue a lost, injured, or deceased individual.
(g) "Serious physical harm" means any injury to a dog's or horse's physical condition or welfare that is not necessarily permanent but that constitutes substantial body disfigurement, or that seriously impairs the function of a body organ or limb.
(2) A person shall not intentionally kill or cause serious physical harm to a police dog or police horse or a search and rescue dog.
(3) A person shall not intentionally cause physical harm to a police dog or police horse or a search and rescue dog.
(4) A person shall not intentionally harass or interfere with a police dog or police horse or search and rescue dog lawfully performing its duties.
(5) A person who violates subsection (2) 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.
(6) Except as provided in subsection (7), a person who violates subsection (3) or (4) is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $5,000.00, or both.
(7) A person who violates subsection (3) or (4) while committing a crime is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $15,000.00, or both.
(8) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law committed by that individual while violating this section.


History: Add. 1994, Act 336, Eff. Apr. 1, 1995 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003 ;-- Am. 2006, Act 517, Imd. Eff. Dec. 29, 2006 
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## هيثم الفقى

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750.51 Animals; confining on railroad cars. 

Sec. 51.
Confining animals on railroad cars—No railroad company, in the carrying or transportation of animals, shall permit the same to be confined in cars for a longer period than 36 consecutive hours without unloading the same for rest, water, and feeding, for a period of at least 5 consecutive hours, unless prevented from so unloading by storm, or other accidental causes. In estimating such confinement, the time during which the animals have been confined without rest, on connecting roads from which they are received shall be included, it being the intention to prevent their continuous confinement beyond the period of 36 hours, except on contingencies hereinbefore stated. Animals so unloaded shall be properly fed, watered, and sheltered during such rest, by the owner or person having the custody thereof, or, in case of his default in so doing, then the railroad company transporting the same, at the expense of said owner or person in custody thereof; and said company shall in such case have a lien upon such animals for food, care and custody furnished, and shall not be liable for any detention of such animals.
Any company, owner or custodian of such animals, who shall fail to comply with the provisions of this section, shall, for each and every such offense, be liable for, and forfeit, and pay a penalty of not less than 100 dollars nor more than 500 dollars: Provided, however, That when animals shall be carried in cars in which they can and do have proper food, water, space and opportunity for rest, the foregoing provisions in regard to their being unloaded shall not apply.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.51 
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## هيثم الفقى

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750.52 Duty of public officers. 

Sec. 52.
Duty of public officers—It shall also be the duty of all sheriffs, deputy sheriffs, constables, policemen and public officers, to arrest and prosecute all persons of whose violation of the provisions of the preceding sections of this chapter they may have knowledge or reasonable notice, and for each neglect of such duty, the officer so offending shall be deemed guilty of a misdemeanor.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.52 
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## هيثم الفقى

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750.53 Arrest of persons; seizure of animals. 

Sec. 53.
Arrest of persons and seizure of animals—Persons found violating any of the provisions of the preceding sections of this chapter may be arrested and held without warrant, in like manner as in the case of persons found breaking the peace, and it shall be the duty of the person making the arrest to seize all animals and fowls found in the keeping or custody of the person arrested, and which are then being used, or held for use in violation of any of the provisions of the preceding sections of this chapter, and the person making such seizure shall cause such animals or fowls to be at once delivered to a poundmaster of the city, village or township in which the same may be, and it shall be the duty of such poundmaster to receive such animals or fowls, and to hold the same and proceed in regard to them in all respects as provided by law in other cases of animals impounded.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.53 
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## هيثم الفقى

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750.54 Search warrants. 

Sec. 54.
Search warrant—When complaint is made, on oath or affirmation, to any magistrate authorized to issue warrants in criminal cases, that the complainant believes that any of the provisions of the preceding sections of this chapter are being, or are about to be violated in any particular building or place, such magistrate, if satisfied that there is reasonable cause for such belief, shall issue and deliver a search warrant to any sheriff, deputy sheriff, constable or public officer, authorizing him to search such building or place and to arrest any person or persons engaged in violating any of the provisions of the preceding sections of this chapter, as well as any person or persons there present, and aiding or abetting therein, and to bring such person or persons before some magistrate of competent jurisdiction, to be dealt with according to law. Such officer shall, at the same time, seize and bring to said magistrate every article or instrument found in said building or place especially designed or adapted to torture or inflict wounds upon any animal or to aid in the fighting or baiting of any animal; and unless within 10 days after the trial of the person or persons so arrested, the owner of said article or instrument shall show, to the satisfaction of said magistrate, that the same is not designed or adapted to the wounding or torture of animals, or if so designed or adapted, is not intended to be used or employed for such purpose, the magistrate shall destroy such article or instrument.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.54 
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## هيثم الفقى

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750.55 Incorporated society; representative deputy sheriff. 

Sec. 55.
Any society incorporated in this state for the purpose of preventing cruelty to animals may designate 1 or more persons in each county of the state to discover and prosecute all cases of the violation of the provisions of this chapter; and the sheriff of such county may appoint each person so designated a deputy sheriff, provided such person shall be of good moral character, and each person so appointed by the sheriff shall possess all the powers of a sheriff of the county in the enforcement of the provisions of this chapter. The sheriff shall not be responsible for any of the acts of such person or persons, but the society, if incorporated, and if not, then the officers and members of the society, on the request of which such person was appointed, shall be liable in the degree of a principal for the acts of an agent.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.55 ;-- Am. 1968, Act 105, Imd. Eff. June 7, 1968 
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## هيثم الفقى

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750.56 Definitions. 

Sec. 56.
Definitions—In the preceding sections of this chapter the word “animal” or “animals” shall be held to include all brute creatures, and the words “owner”, “person”, and “whoever” shall be held to include corporations as well as individuals, and the knowledge and acts of agents of and persons employed by corporations in regard to animals transported, owned, or employed by, or in the custody of such corporations, shall be held to be the acts and knowledge of such corporations.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.56 
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## هيثم الفقى

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750.57 Burial of dead animals. 

Sec. 57.
A person who places a dead animal or part of the carcass of a dead animal into a lake, river, creek, pond, road, street, alley, lane, lot, field, meadow, or common, or in any place within 1 mile of the residence of a person, except the same and every part of the carcass is buried at least 4 feet underground, and the owner or owners thereof who knowingly permits the carcass or part of a carcass to remain in any of those places, to the injury of the health, or to the annoyance of another is guilty of a misdemeanor. Every 24 hours that the owner permits the carcass or part of a carcass to remain after a conviction under this section is an additional offense under this section, a misdemeanor punishable by a fine of not less than $50.00 or more than $500.00 or by imprisonment for not more than 90 days.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.57 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003 
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## هيثم الفقى

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750.58 Horses; unhitching and driving away. 

Sec. 58.
Unhitching and driving away horses without authority—Any person who shall wilfully and maliciously or wantonly, and without authority unhitch any horse or team belonging to another, and lawfully hitched or standing in any street, alley or other place, or who in like manner shall ride or drive such horse or team away shall be guilty of a misdemeanor.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.58 
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## هيثم الفقى

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750.59 Animals unfit for work; disposition and use. 

Sec. 59.
Disposition and use of animals permanently unfit for work—Any person who shall offer for sale or sell or trade any horse or mule which by reason of debility, disease, lameness, injury or for any other cause is permanently unfit for work, except to a person or corporation operating a horse hospital, animal retreat farm or other institution or place designed or maintained for the humane keeping, treatment or killing of horses, mules or other live stock, shall be guilty of a misdemeanor.
Any person who shall lead, drive or ride any horse or mule, which by reason of debility, disease, lameness or injury, or for other cause is permanently unfit for work, on any public way for any purpose, except that of conveying such animal to a proper place for its humane keeping, or killing or for medical or surgical treatment shall be guilty of a misdemeanor.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.59 
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## هيثم الفقى

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750.60 Horses' tails; docking. 

Sec. 60.
(1) A person who cuts the bone of the tail of a horse for the purpose of docking the tail, or who causes or knowingly permits the cutting to be done upon the premises of which he or she is the owner, lessee, proprietor, or user, or who assists in or is present at such cutting, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00. However, this subsection does not apply to the cutting of the bone of the tail of a horse for the purpose of docking the tail when a certificate of a regularly qualified veterinary surgeon is first obtained certifying that the cutting is necessary for the health or safety of the horse.
(2) If a horse is found with its tail cut and with the wound resulting from the cutting unhealed, upon the premises of any person, those facts shall be prima facie evidence that the person occupying or using the premises on which that horse is found has committed the offense described in subsection (1).
(3) If a horse is found with its tail cut and with the wound resulting therefrom unhealed, in the charge or custody of any person, that fact shall be prima facie evidence that the person having the charge or custody of that horse has committed the offense charged in subsection (1).

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.60 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003 
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## هيثم الفقى

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750.61 Docked horses; registration, bringing into state. 

Sec. 61.
Importation, etc., of unregistered docked horses—It shall be unlawful for any person or persons to import or bring into this state any docked horse or horses, or to drive, work, use, race or deal in any docked horse or horses within this state, unless the same shall be registered as provided for in the succeeding section of this chapter.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.61 
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## هيثم الفقى

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750.62 Docked horses; registration. 

Sec. 62.
Registration of docked horses—Within 90 days after this act shall take effect, every owner or user of any docked horse within this state shall register such docked horse or horses by filing in the office of the county clerk of the county in which such docked horse or horses may be kept, a certificate which shall contain the name or names of the owner or owners, together with his or their post office address, together with a full description of the color, age, size and the use made of such docked horse or horses, which certificate shall be signed by the owner or the owners, or his or their agent. The county clerk shall number such certificates consecutively and shall record the same in a book kept for that purpose, and shall receive as a fee for the recording of such certificate the sum of 50 cents: Provided, This section shall not apply to or make necessary the re-registration of docked horses which have been registered pursuant to Act No. 45 of the Public Acts of 1901, as amended, being sections 17080 to 17086 inclusive of the Compiled Laws of 1929.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.62 
Compiler's Notes: Act 45 of 1901, referred to in this section, was repealed by Act 328 of 1931.
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## هيثم الفقى

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750.63 Docked horses; unlawful docking, evidence. 

Sec. 63.
Prima facie evidence of unlawful docking—The driving, working, keeping, racing or using of any unregistered docked horse or horses subsequent to 90 days after this act shall take effect shall be deemed prima facie evidence of the fact that the party driving, working, keeping, racing or using such unregistered docked horse or horses, unlawfully docked the tail of such horse or horses.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.63 
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## هيثم الفقى

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750.64 Docked horses; failure to register. 

Sec. 64.
A person who violates a provision of this chapter by failing to register a docked horse as herein provided is guilty of a misdemeanor punishable by imprisonment for not more than 6 months or a fine of not more than $750.00.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.64 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003 
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## هيثم الفقى

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750.65 Bull; at large on highway or unenclosed land. 

Sec. 65.
Any person being the owner of a bull 6 months or more of age or having the same in charge, who shall permit said bull to run at large upon any highway or unenclosed lands shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail for not more than 30 days or by a fine of not more than $100.00, or both such fine and imprisonment in the discretion of the court.

History: Add. 1947, Act 30, Eff. Oct. 11, 1947 ;-- CL 1948, 750.65 
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## هيثم الفقى

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750.66 Person responsible for dog or wolf-dog cross that has bitten another person; information to be provided; violation as misdemeanor; exception; definitions. 
Sec. 66.
(1) If a person 18 years of age or older is responsible for controlling the actions of a dog or wolf-dog cross and the person knows or has reason to know that the dog or wolf-dog cross has bitten another person, the person shall immediately provide the person who was bitten with all of the following information:
(a) His or her name and address and, if that person does not own the dog or wolf-dog cross, the name and address of the dog's or wolf-dog cross's owner.
(b) Information, if known by that person, as to whether the dog or wolf-dog cross is current on all legally required vaccinations. 
(2) A person who violates this section 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) This section does not apply if the person is bitten by a police dog. As used in this subsection, "police dog" means that term as defined in section 50c.
(4) As used in this section, "dog" and "wolf-dog cross" mean those terms as defined in section 2 of the wolf-dog cross act, 2000 PA 246, MCL 287.1002.


History: Add. 2008, Act 205, Eff. Jan. 1, 2009 
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## هيثم الفقى

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750.66a Dog or wolf-dog cross bite; responsible person to remain on scene; violation as misdemeanor; penalty; exception; definitions. 
Sec. 66a.
(1) If a person 18 years of age or older is responsible for controlling the actions of a dog or wolf-dog cross and the person knows or has reason to know that the dog or wolf-dog cross has bitten another person, the person shall remain on the scene until the requirements of section 66 are fulfilled.
(2) A person who violates this section 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) This section does not apply if the person is bitten by a police dog. As used in this subsection, "police dog" means that term as defined in section 50c.
(4) As used in this section, "dog" and "wolf-dog cross" mean those terms as defined in section 2 of the wolf-dog cross act, 2000 PA 246, MCL 287.1002.


History: Add. 2008, Act 206, Eff. Jan. 1, 2009 
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## هيثم الفقى

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750.67 Domestic animals or fowl on cemetery grounds, landing fields, airports. 

Sec. 67.
Domestic animals or fowl on cemetery grounds, landing fields and airports—Any owner or keeper of any domestic animal or fowl, who shall allow any domestic animal or fowl to run at large and enter or be upon any premises constituting a cemetery, landing field or airport in this state, shall be guilty of a misdemeanor.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1933, Act 155, Imd. Eff. June 22, 1933 ;-- CL 1948, 750.67 
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## هيثم الفقى

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750.68 Brand of animals. 

Sec. 68.
Changing, etc., brand of animals—Any person who shall mark or brand, or alter or deface the mark or brand of any domestic animal, the property of another, with intent thereby to steal the same, or to prevent identification thereof by the true owner, shall be guilty of felony, and any person who shall mark or brand, or alter or deface the mark or brand of any domestic animal whether the property of himself or another with intent to sell, ship, trade or give away contrary to law any animal which has given the positive reaction to the bovine tuberculosis test or the blood test for Bang's disease or with intent to avoid any lawful quarantine of such animal, shall be guilty of a misdemeanor.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1937, Act 57, Imd. Eff. May 27, 1937 ;-- CL 1948, 750.68 
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## هيثم الفقى

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750.69 Rescuing animals. 

Sec. 69.
Rescuing animals—Any person who shall rescue any cattle, horse, mule, sheep, swine or goat when impounded, or while being driven or taken to the pound or other place of custody by any officer or person in charge of such animals, or while such animals are shut up by and in the custody of any person for trespassing upon premises, or for running at large contrary to law, shall be guilty of a misdemeanor.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.69 
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## هيثم الفقى

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750.70 Impounding animals unlawfully. 

Sec. 70.
Unlawfully impounding animals—Any person who shall take any animal mentioned in the next preceding section not running at large contrary to law from the stable, pasture, or any enclosure or other place where such animals are lawfully and rightfully kept, or may be, and any person who shall drive, or let them out, or untie, or unloose the same, or shall knowingly seize or take the same from the custody of any person driving or taking the same on the public highway or streets to or from a pasture or to or from any other place where the same may be lawfully taken or driven, for the purpose of impounding such animals contrary to law, shall be guilty of a misdemeanor.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.70 
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## هيثم الفقى

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750.71 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, 750.71 
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## هيثم الفقى

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750.72 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, 750.72 
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## هيثم الفقى

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750.73 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, 750.73 
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## هيثم الفقى

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750.74 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 $500.00 or 3 times the value of the personal property burned or intended to be burned, whichever is greater, or both imprisonment and a fine.
(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 $2,000.00 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 $200.00 or more but less than $1,000.00.
(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 $10,000.00 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 $1,000.00 or more but less than $20,000.00.
(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 $15,000.00 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 $20,000.00 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 769.10, 769.11, and 769.12.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1945, Act 260, Eff. Sept. 6, 1945 ;-- CL 1948, 750.74 ;-- Am. 1998, Act 312, Eff. Jan. 1, 1999 
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## هيثم الفقى

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750.75 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, 750.75 
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## هيثم الفقى

*[align=left] 
750.76 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, 750.76 
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## هيثم الفقى

*[align=left] 
750.77 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 $500.00 or 3 times the combined value of the property intended to be burned, whichever is greater, or both imprisonment and a fine.
(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 $2,000.00 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 $200.00 or more but less than $1,000.00.
(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 $10,000.00 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 $1,000.00 or more but less than $20,000.00. 
(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 $15,000.00 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 $20,000.00 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 769.10, 769.11, and 769.12.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1945, Act 260, Eff. Sept. 6, 1945 ;-- CL 1948, 750.77 ;-- Am. 1998, Act 312, Eff. Jan. 1, 1999 
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## هيثم الفقى

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750.78 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, 750.78 
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## هيثم الفقى

*[align=left] 
750.79 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 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, 750.79 
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## هيثم الفقى

*[align=left] 
750.80 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, 750.80 
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## هيثم الفقى

*[align=left] 
750.81 Assault and battery; penalties; applicability to individual using necessary reasonable physical force in compliance with MCL 380.1312 of the revised school code; “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) or (4), 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 commits an assault or an assault and battery in violation of subsection (2), and who has previously been convicted of assaulting or assaulting and battering 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, under any of the following, may be punished 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.
(4) An individual who commits an assault or an assault and battery in violation of subsection (2), and who has 2 or more previous convictions for assaulting or assaulting and battering 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, under any of the following, is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,500.00, 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) 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.
(6) 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 
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## هيثم الفقى

*[align=left] 
750.81a Assault; infliction of serious or aggravated injury; “dating relationship” defined. 

Sec. 81a.
(1) Except as otherwise provided in this section, a person who assaults an individual without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder 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.
(2) Except as provided in subsection (3), an individual who assaults 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 the same household without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder 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.
(3) An individual who commits an assault and battery in violation of subsection (2), and who has 1 or more previous convictions for assaulting or assaulting and battering 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 the same household, in violation of any of the following, is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,500.00, or both: 
(a) This section or an ordinance of a political subdivision of this state substantially corresponding to this section.
(b) Section 81, 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 81, 82, 83, 84, or 86.
(4) 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: Add. 1939, Act 237, Eff. Sept. 29, 1939 ;-- CL 1948, 750.81a ;-- Am. 1994, Act 65, Eff. July 1, 1994 ;-- Am. 1999, Act 270, Eff. July 1, 2000 ;-- Am. 2001, Act 190, Eff. Apr. 1, 2002
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## هيثم الفقى

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750.81b Enhanced sentence; provisions. 

Sec. 81b.
The following provisions apply in any case in which the prosecuting attorney seeks an enhanced sentence under section 81(3) or (4) or 81a(3):
(a) The charging document or amended charging document shall include a notice provision that states that the prosecuting attorney intends to seek an enhanced sentence under section 81(3) or (4) or 81a(3) and lists the prior conviction or convictions that will be relied upon for that purpose. The notice shall be separate and distinct from the language charging the current offense, and shall not be read or otherwise disclosed to the jury if the case proceeds to trial before a jury.
(b) The defendant's prior conviction or convictions shall be established at sentencing. The existence of a prior conviction and the factual circumstances establishing the required relationship between the defendant and the victim of the prior assault or assault and battery may be established by any evidence that is relevant for that purpose, including, but not limited to, 1 or more of the following:
(i) A copy of a judgment of conviction.
(ii) A transcript of a prior trial, plea-taking, or sentencing proceeding.
(iii) Information contained in a presentence report.
(iv) A statement by the defendant.
(c) The defendant or his or her attorney shall be given an opportunity to deny, explain, or refute any evidence or information relating to the defendant's prior conviction or convictions before the sentence is imposed, and shall be permitted to present evidence relevant for that purpose unless the court determines and states upon the record that the challenged evidence or information will not be considered as a basis for imposing an enhanced sentence under section 81(3) or (4) or 81a(3).
(d) A prior conviction may be considered as a basis for imposing an enhanced sentence under section 81(3) or (4) or 81a(3) if the court finds the existence of both of the following by a preponderance of the evidence:
(i) The prior conviction.
(ii) 1 or more of the required relationships between the defendant and the victim of the prior assault or assault and battery.

History: Add. 1994, Act 65, Eff. July 1, 1994 
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## هيثم الفقى

*[align=left] 
750.81c Threats or assault against employee of family independence agency; violation; penalty; other conviction; “serious impairment of body function” defined. 

Sec. 81c.
(1) A person who communicates to any person a threat that he or she will physically harm an individual who is an employee of the family independence agency and who does so because of the individual's status as an employee of that agency 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.
(2) Except as provided in subsection (3), a person who assaults or assaults and batters an individual while the individual is performing his or her duties as an employee of the family independence agency or because of the individual's status as an employee of that agency and causes the individual any physical injury is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both.
(3) A person who assaults or assaults and batters an individual while the individual is performing his or her duties as an employee of the family independence agency or because of the individual's status as an employee of that agency and causes the individual serious impairment of body function is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both.
(4) A conviction or sentence imposed for a violation of this section does not preclude a conviction or sentence for a violation of any other applicable law.
(5) As used in this section, “serious impairment of body function” means that phrase as defined in section 625(5) of the Michigan vehicle code, 1949 PA 300, MCL 257.625.

History: Add. 2001, Act 22, Eff. Sept. 1, 2001 
Popular Name: Lisa's Law
Popular Name: Lisa's Act
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## هيثم الفقى

*[align=left] 
750.81d Assaulting, battering, resisting, obstructing, opposing person performing duty; felony; penalty; other violations; consecutive terms; definitions. 
Sec. 81d.
(1) Except as provided in subsections (2), (3), and (4), an individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.
(2) An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties causing a bodily injury requiring medical attention or medical care to that person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.
(3) An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties causing a serious impairment of a body function of that 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.
(4) An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties causing the death of that person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both.
(5) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.
(6) A term of imprisonment imposed for a violation of this section may run consecutively to any term of imprisonment imposed for another violation arising from the same transaction.
(7) As used in this section:
(a) "Obstruct" includes the use or threatened use of physical interference or force or a knowing failure to comply with a lawful command.
(b) "Person" means any of the following:
(i) A police officer of this state or of a political subdivision of this state including, but not limited to, a motor carrier officer or capitol security officer of the department of state police.
(ii) A police officer of a junior college, college, or university who is authorized by the governing board of that junior college, college, or university to enforce state law and the rules and ordinances of that junior college, college, or university.
(iii) A conservation officer of the department of natural resources or the department of environmental quality.
(iv) A conservation officer of the United States department of the interior.
(v) A sheriff or deputy sheriff.
(vi) A constable.
(vii) A peace officer of a duly authorized police agency of the United States, including, but not limited to, an agent of the secret service or department of justice.
(viii) A firefighter.
(ix) Any emergency medical service personnel described in section 20950 of the public health code, 1978 PA 368, MCL 333.20950.
(x) An individual engaged in a search and rescue operation as that term is defined in section 50c.
(c) "Serious impairment of a body function" means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.


History: Add. 2002, Act 266, Eff. July 15, 2002 ;-- Am. 2006, Act 517, Imd. Eff. Dec. 29, 2006 
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## هيثم الفقى

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*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 
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## هيثم الفقى

*[align=left] 
750.83 Assault with intent to commit murder. 

Sec. 83.
Assault with intent to commit murder—Any person who shall assault another with intent to commit the crime of murder, shall be guilty of a felony, punishable by imprisonment in the state prison for life or any number of years.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.83 
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## هيثم الفقى

*[align=left] 
750.84 Assault with intent to do great bodily harm less than murder. 

Sec. 84.
Assault with intent to do great bodily harm less than murder—Any person who shall assault another with intent to do great bodily harm, less than the crime of murder, shall be guilty of a felony punishable by imprisonment in the state prison not more than 10 years, or by fine of not more than 5,000 dollars.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.84 
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## هيثم الفقى

*[align=left] 
750.85 Torture; felony; penalty; definitions; element of crime; other laws. 
Sec. 85.
(1) A person who, with the intent to cause cruel or extreme physical or mental pain and suffering, inflicts great bodily injury or severe mental pain or suffering upon another person within his or her custody or physical control commits torture and is guilty of a felony punishable by imprisonment for life or any term of years.
(2) As used in this section:
(a) "Cruel" means brutal, inhuman, sadistic, or that which torments.
(b) "Custody or physical control" means the forcible restriction of a person's movements or forcible confinement of the person so as to interfere with that person's liberty, without that person's consent or without lawful authority.
(c) "Great bodily injury" means either of the following:
(i) Serious impairment of a body function as that term is defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.
(ii) One or more of the following conditions: internal injury, poisoning, serious burns or scalding, severe cuts, or multiple puncture wounds.
(d) "Severe mental pain or suffering" means a mental injury that results in a substantial alteration of mental functioning that is manifested in a visibly demonstrable manner caused by or resulting from any of the following:
(i) The intentional infliction or threatened infliction of great bodily injury.
(ii) The administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt the senses or the personality.
(iii) The threat of imminent death.
(iv) The threat that another person will imminently be subjected to death, great bodily injury, or the administration or application of mind-altering substances or other procedures calculated to disrupt the senses or personality.
(3) Proof that a victim suffered pain is not an element of the crime under this section.
(4) A conviction or sentence under this section does not preclude a conviction or sentence for a violation of any other law of this state arising from the same transaction.


History: Add. 2005, Act 335, Eff. Mar. 1, 2006 
Compiler's Notes: Former MCL 750.85, which pertained to assault with intent to commit rape, sodomy, or gross indecency, was repealed by Act 266 of 1974, Eff. Apr. 1, 1975.
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## هيثم الفقى

*[align=left] 
750.86 Assault with intent to maim. 

Sec. 86.
Assault with intent to maim—Any person who shall assault another with intent to maim or disfigure his person by cutting out or maiming the tongue, putting out or destroying an eye, cutting or tearing off an ear, cutting or slitting or mutilating the nose or lips or cutting off or disabling a limb, organ or member, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years or by fine of not more than 5,000 dollars.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.86 
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## هيثم الفقى

*[align=left] 
750.87 Assault with intent to commit felony not otherwise punished. 

Sec. 87.
Assault with intent to commit felony, not otherwise punished—Any person who shall assault another, with intent to commit any burglary, or any other felony, the punishment of which assault is not otherwise in this act prescribed, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years, or by fine of not more than 5,000 dollars.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.87 
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## هيثم الفقى

*[align=left] 
750.88 Assault with intent to rob and steal; unarmed. 

Sec. 88.
Assault with intent to rob and steal being unarmed—Any person, not being armed with a dangerous weapon, who shall assault another with force and violence, and with intent to rob and steal, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 15 years.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.88 
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## هيثم الفقى

*[align=left] 
750.89 Assault with intent to rob and steal; armed. 

Sec. 89.
Assault with intent to rob and steal being armed—Any person, being armed with a dangerous weapon, or any article used or fashioned in a manner to lead a person so assaulted reasonably to believe it to be a dangerous weapon, who shall assault another with intent to rob and steal shall be guilty of a felony, punishable by imprisonment in the state prison for life, or for any term of years.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1939, Act 94, Eff. Sept. 29, 1939 ;-- CL 1948, 750.89 
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## هيثم الفقى

*[align=left] 
750.90 ***ual intercourse under pretext of medical treatment. 

Sec. 90.
***ual intercourse under pretext of medical treatment—Any person who shall undertake to medically treat any female person, and while so treating her, shall represent to such female that it is, or will be, necessary or beneficial to her health that she have ***ual intercourse with a man, and shall thereby induce her to have carnal ***ual intercourse with any man, and any man, not being the husband of such female, who shall have ***ual intercourse with her by reason of such representation, 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, 750.90 
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## هيثم الفقى

*[align=left] 
750.90a Conduct proscribed under MCL 750.81 to 750.89 as felony; intent. 

Sec. 90a.
If a person intentionally commits conduct proscribed under sections 81 to 89 against a pregnant individual, the person is guilty of a felony punishable by imprisonment for life or any term of years if all of the following apply:
(a) The person intended to cause a miscarriage or stillbirth by that individual or death or great bodily harm to the embryo or fetus, or acted in wanton or willful disregard of the likelihood that the natural tendency of the person's conduct is to cause a miscarriage or stillbirth or death or great bodily harm to the embryo or fetus.
(b) The person's conduct resulted in a miscarriage or stillbirth by that individual or death to the embryo or fetus.

History: Add. 1998, Act 238, Eff. Jan. 1, 1999 ;-- Am. 2001, Act 1, Eff. June 1, 2001 
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## هيثم الفقى

*[align=left] 
750.90b Conduct proscribed under MCL 750.81 to 750.89 as crime; intent. 

Sec. 90b.
A person who intentionally commits conduct proscribed under sections 81 to 89 against a pregnant individual is guilty of a crime as follows:
(a) If the conduct results in a miscarriage or stillbirth by that individual, or death to the embryo or fetus, a felony punishable by imprisonment for not more than 15 years or a fine of not more than $7,500.00, or both.
(b) If the conduct results in great bodily harm to the embryo or fetus, a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both.
(c) If the conduct results in serious or aggravated physical injury to the embryo or fetus, a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(d) If the conduct results in physical injury to the embryo or fetus, a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

History: Add. 1998, Act 238, Eff. Jan. 1, 1999 ;-- Am. 2001, Act 1, Eff. June 1, 2001
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## هيثم الفقى

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750.90c Gross negligence against pregnant individual as crime. 

Sec. 90c.
A person who commits a grossly negligent act against a pregnant individual is guilty of a crime as follows:
(a) If the act results in a miscarriage or stillbirth by that individual or death to the embryo or fetus, a felony punishable by imprisonment for not more than 15 years or a fine of not more than $7,500.00, or both.
(b) If the act results in great bodily harm to the embryo or fetus, a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500.00, or both.
(c) If the act results in serious or aggravated physical injury to the embryo or fetus, a misdemeanor punishable by imprisonment for not more than 6 months or a fine of not more than $500.00, or both.
(d) If the act results in physical injury to the embryo or fetus, a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

History: Add. 1998, Act 238, Eff. Jan. 1, 1999 ;-- Am. 2001, Act 1, Eff. June 1, 2001 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003 

© 2009 Legislative Council, State of Michigan
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## هيثم الفقى

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*750.90d Conduct proscribed under MCL 257.625(1) or (3) involving accident with pregnant individual as felony; penalties.* 

Sec. 90d.
A person who engages in conduct proscribed under section 625(1) or (3) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, that involves an accident with a pregnant individual is guilty of a felony punishable as follows:
(a) If the person's conduct causes a miscarriage or stillbirth by that individual or death to the embryo or fetus, imprisonment for not more than 15 years or a fine of not less than $2,500.00 or more than $10,000.00, or both.
(b) If the person's conduct causes great bodily harm or serious or aggravated injury to the embryo or fetus, imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both.

*History:* Add. 1998, Act 238, Eff. Jan. 1, 1999 ;-- Am. 2001, Act 1, Eff. June 1, 2001 
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## هيثم الفقى

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750.90e Conduct as proximate cause of accident involving pregnant individual as misdemeanor; penalty. 

Sec. 90e.
If a person operates a motor vehicle in a careless or reckless manner, but not willfully or wantonly, that is the proximate cause of an accident involving a pregnant individual and the accident results in a miscarriage or stillbirth by that individual or death to the embryo or fetus, the person is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

History: Add. 1998, Act 238, Eff. Jan. 1, 1999 ;-- Am. 2001, Act 1, Eff. June 1, 2001 
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## هيثم الفقى

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750.90f Applicability of MCL 750.90 to 750.90e; “physician or other licensed medical professional” defined. 

Sec. 90f.
(1) Sections 90a to 90e do not apply to any of the following:
(a) An act committed by the pregnant individual.
(b) A medical procedure performed by a physician or other licensed medical professional within the scope of his or her practice and with the pregnant individual's consent or the consent of an individual who may lawfully provide consent on her behalf or without consent as necessitated by a medical emergency.
(c) The lawful dispensation, administration, or prescription of medication.
(2) This section does not prohibit a prosecution under any other applicable law.
(3) As used in this section, “physician or other licensed medical professional” means a person licensed under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

History: Add. 1998, Act 238, Eff. Jan. 1, 1999 
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## هيثم الفقى

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750.90g “Infant protection act” as short title of section; legislative findings; prohibited acts; violation as felony; penalty; exceptions; definitions. 

Sec. 90g.
(1) This section shall be known and may be cited as the “infant protection act”.
(2) The legislature finds all of the following:
(a) That the constitution and laws of this nation and this state hold that a live infant completely expelled from his or her mother's body is recognized as a person with constitutional and legal rights and protection.
(b) That a live infant partially outside his or her mother is neither a fetus nor potential life, but is a person.
(c) That the United States supreme court decisions defining a right to terminate pregnancy do not extend to the killing of a live infant that has begun to emerge from his or her mother's body.
(d) That the state has a compelling interest in protecting the life of a live infant by determining that a live infant is a person deserving of legal protection at any point after any part of the live infant exists outside of the mother's body.
(3) Except as provided in subsections (4) and (5), a person who intentionally performs a procedure or takes any action upon a live infant with the intent to cause the death of the live infant is guilty of a felony punishable by imprisonment for life or any term of years or a fine of not more than $50,000.00, or both.
(4) It is not a violation of subsection (3) if a physician takes measures at any point after a live infant is partially outside of the mother's body, that in the physician's reasonable medical judgment are necessary to save the life of the mother and if every reasonable precaution is also taken to save the live infant's life.
(5) Subsection (3) does not apply to an action taken by the mother. However, this subsection does not exempt the mother from any other provision of law.
(6) As used in this section:
(a) “Live infant” means a human fetus at any point after any part of the fetus is known to exist outside of the mother's body and has 1 or more of the following:
(i) A detectable heartbeat.
(ii) Evidence of spontaneous movement.
(iii) Evidence of breathing.
(b) “Outside of the mother's body” means beyond the outer abdominal wall or beyond the plane of the vaginal introitus.
(c) “Part of the fetus” means any portion of the body of a human fetus that has not been severed from the fetus, but not including the umbilical cord or placenta.
(d) “Physician” means an individual licensed to engage in the practice of allopathic medicine or the practice of osteopathic medicine and surgery under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

History: Add. 1999, Act 107, Eff. Mar. 10, 2000 
Popular Name: Infant Protection Act
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## هيثم الفقى

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750.91 Attempt to murder. 

Sec. 91.
Attempt to murder by poisoning, etc.—Any person who shall attempt to commit the crime of murder by poisoning, drowning, or strangling another person, or by any means not constituting the crime of assault with intent to murder, shall be guilty of a felony, punishable by imprisonment in the state prison for life or any term of years.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.91 
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## هيثم الفقى

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750.92 Attempt to commit crime. 

Sec. 92.
Attempt to commit crime—Any person who shall attempt to commit an offense prohibited by law, and in such attempt shall do any act towards the commission of such offense, but shall fail in the perpetration, or shall be intercepted or prevented in the execution of the same, when no express provision is made by law for the punishment of such attempt, shall be punished as follows:
1. If the offense attempted to be committed is such as is punishable with death, the person convicted of such attempt shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years;
2. If the offense so attempted to be committed is punishable by imprisonment in the state prison for life, or for 5 years or more, the person convicted of such attempt shall be guilty of a felony, punishable by imprisonment in the state prison not more than 5 years or in the county jail not more than 1 year;
3. If the offense so attempted to be committed is punishable by imprisonment in the state prison for a term less than 5 years, or imprisonment in the county jail or by fine, the offender convicted of such attempt shall be guilty of a misdemeanor, punishable by imprisonment in the state prison or reformatory not more than 2 years or in any county jail not more than 1 year or by a fine not to exceed 1,000 dollars; but in no case shall the imprisonment exceed 1/2 of the greatest punishment which might have been inflicted if the offense so attempted had been committed.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.92 
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## هيثم الفقى

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750.93 Bank bonds in state treasury, removing or destroying. 

Sec. 93.
Removing or destroying bank bonds in state treasury—Any person who shall take from the state treasury, contrary to the provisions of law, or shall deface or destroy any of the bonds therein deposited by any of the banks of this state, 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, 750.93 
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## هيثم الفقى

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750.94 Bank bills or notes; issuing, non-compliance with requirements. 

Sec. 94.
Issuing bank bills, etc., without previous compliance with requirements of law—Any officer or stockholder of any bank or banking association, or any other person for such bank or banking association, who shall sign, issue, or knowingly put in circulation any bill or note of any such bank or banking association before the requisite amount of capital stock shall have been paid in, or before the president and directors thereof shall have fully complied with all the provisions of law requiring any other act or acts to be done before the issuing of any notes or bills, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years, or by fine not more than 5,000 dollars.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.94 
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## هيثم الفقى

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750.95 Spurious bank notes; issuing or circulating. 

Sec. 95.
Issuing or circulating spurious bank notes—Any person who shall, with intent to defraud, sign, issue or put in circulation any note or bill, purporting to be a bill or note of any bank, when no such bank exists, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years or by fine of not more than 5,000 dollars.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.95 
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## هيثم الفقى

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750.95a Person printing checks for financial institution; printing on checks month and year account opened; exceptions; violation as misdemeanor; penalty; civil liability; authorization to furnish information; definitions. 

Sec. 95a.
(1) Except as provided in subsection (2), a person that is requested by a financial institution to print checks for an account maintained by a person at the financial institution shall obtain from the financial institution the month and year in which the account was opened, and the person shall print on the checks for that account the month and year furnished by the financial institution.
(2) A person shall not be required to comply with subsection (1) with regard to checks printed for an account if the person is informed by the financial institution for which the checks are to be printed that the checks are to be used for any of the following:
(a) An account opened before July 1, 1985.
(b) An account maintained by a corporation, partnership, association, or trust, or by an individual or individuals who use the account primarily for a business purpose or who indicate to the financial institution, at the time the account is opened, that the account is intended to be used primarily for a business purpose.
(c) An account maintained by a person who, at the time the account was opened, had maintained another deposit with the same financial institution for a period of 1 year or longer.
(d) Temporary checks to be furnished by the financial institution to a customer at the time an account is opened.
(3) A person that knowingly, wilfully, and intentionally violates this section is guilty of a misdemeanor, punishable by a fine of not more than $100.00.
(4) A person that violates this section shall not be civilly liable for damages to any other person arising from the violation.
(5) A financial institution is authorized to furnish to a person who prints checks for the financial institution the date and year an account was opened and such information as shall be necessary for the person to determine whether the person is required to comply with subsection (1).
(6) As used in this section:
(a) “Check” means a check, draft, or other instrument that is capable of becoming a negotiable instrument evidencing a written order to a financial institution to pay the stated amount of money from an account maintained with the financial institution.
(b) “Deposit” means an insured account in a bank, savings and loan association, credit union, or other institution the accounts of which are insured by an agency of the federal government.
(c) “Financial institution” means a bank, savings and loan association, credit union, or other institution that is authorized to maintain demand accounts or other accounts where payment is made by a check.
(d) “Person” means an individual, corporation, partnership, association, business trust, or other legal entity.

History: Add. 1984, Act 275, Eff. July 1, 1985 
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## هيثم الفقى

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750.96 Bank property; fraudulent disposal. 

Sec. 96.
Fraudulent disposal of property of bank by officers, etc.—Any officer or agent of any bank, knowing such bank to be insolvent, or, in contemplation of the insolvency of such bank, or any assignee of the property and effects of any insolvent bank who shall sell, or in any way dispose of or remove, any of the money, property or effects of such bank, with intent to defraud, delay or hinder any creditor thereof in the collection of any claim or demand against such bank, every such officer or agent, and all persons who shall knowingly aid or assist in any such disposition or removal, shall be guilty of a felony.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.96 
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## هيثم الفقى

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750.97 Financial condition of bank; derogatory statement. 

Sec. 97.
Derogatory statement regarding financial condition of bank—Any person who shall wilfully and maliciously make, circulate or transmit to another or others any statement, rumor or suggestion, written, printed or by word of mouth, which is directly or by inference derogatory to the financial condition or affects the solvency or financial standing of any incorporated bank, savings bank, banking institution or trust company doing business in this state, or who shall counsel, aid, procure or induce another to start, transmit or circulate any such statement or rumor, shall be guilty of a felony.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.97 
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## هيثم الفقى

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750.98 Private banks. 

Sec. 98.
Private banks—On and after the effective date of this act, it shall be unlawful for any individual person, or unincorporated association of individual persons, to engage in the business of banking, as defined in Act No. 66 of the Public Acts of 1929, being sections 11898 to 11970 inclusive of the Compiled Laws of 1929, and other laws of this state relating to banks and banking: Provided, That this section shall not apply to any individual person or unincorporated association of individual persons engaged in the business of banking at the time of the passage of this act.
From and after the passage of this act, no person or association of persons, not incorporated under the banking laws of this state and not now engaged in the private banking business, shall open up or attempt to operate any private bank, and any such operation or attempt shall be a violation of this section, and the persons so operating or attempting to operate shall be guilty of a felony: Provided, That nothing in this section contained shall be construed to prohibit the surviving partner or partners of a copartnership from continuing the operation of any private bank operated by such copartnership at the time this act shall take effect.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.98 
Compiler's Notes: Act 66 of 1929, referred to in this section, was repealed by Act 341 of 1937.
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## هيثم الفقى

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750.99 Certifying checks; insufficient funds. 

Sec. 99.
Certifying checks without amount thereof actually standing to credit of drawer—It shall not be lawful for any officer, clerk, agent or employe of a bank to certify a check unless the amount thereof actually stands to the credit of the drawer upon the books of the bank, or to resort to any device, or receive any fictitious obligations, direct or collateral, in order to evade the provisions of this prohibition; and any officer, clerk, agent or employe who shall attempt any such evasion shall be guilty of a felony.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.99 
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