Legal Question in Criminal Law in Michigan

Re: Animal Abuse

Here is the statute:

My Name is

SANFORD A. SCHULMAN

SCHULMAN & ASSOCIATES, P.C.

407 East Fort Street

Suite 110

Detroit, Michigan 48226

M.C.L.A. 750.50b MICHIGAN COMPILED LAWS ANNOTATED CHAPTER 750. MICHIGAN PENAL CODE THE MICHIGAN PENAL CODE CHAPTER IX. ANIMALS 750.50b. Willfully and

Sec. 50b. (1) As used in this section, "animal" means any vertebrate other than a human being.

(2) A person who willfully, maliciously and without just cause or excuse kills, tortures, mutilates, maims, or disfigures an animal or who willfully and maliciously and without just cause or excuse administers poison to an animal, or exposes an animal to any poisonous substance, other than a substance that is used for therapeutic veterinary medical purposes, with the intent that the substance be taken or swallowed by the animal, is guilty of a felony, punishable by imprisonment for not more than 4 years, or by a fine of not more than $5,000.00, or community service for not more than 500 hours or any combination of these penalties.

(3) 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.

(4) If a term of probation is ordered for a violation of subsection (2), the court may order, as a condition of 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.

(5) 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.

(6) A person who owns or possesses an animal in violation of an order issued under subsection (5) 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 (5) 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.

(7) This section does not prohibit the lawful killing of livestock or a customary animal husbandry or farming practice involving livestock.