Michigan Laws 324.73110 – Violation as misdemeanor; penalties; restitution
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Terms Used In Michigan Laws 324.73110
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Fish: means game fish or nongame fish as those terms are defined in section 48701. See Michigan Laws 324.73101
- Fur-bearing animal: means that term as defined in section 43503. See Michigan Laws 324.73101
- Game: means that term as defined in section 40103. See Michigan Laws 324.73101
- License: means a hunting, fishing, or fur harvester's license or, in the discretion of the court, any combination of such licenses. See Michigan Laws 324.73101
- Protected animal: means that term as defined in section 40103. See Michigan Laws 324.73101
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) Except as provided in subsection (2) or (3), an individual who violates this part is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $500.00, or both.
(2) An individual who kills any protected animal, game, or fish while violating this part is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $250.00 or more than $750.00, or both.
(3) An individual convicted of a second or subsequent violation of this part occurring within 3 years of a previous violation of this part shall be punished by imprisonment for not more than 90 days or a fine of not less than $250.00 or more than $1,000.00, or both. In addition, the court shall order the individual’s license revoked if the individual is licensed to hunt, fish, or trap in this state, and shall order the individual not to seek or possess a license for the remainder of the calendar year in which the individual is convicted and during at least 1 succeeding calendar year. This subsection does not apply after September 30, 2001.
(4) This subsection applies beginning October 1, 2001. An individual convicted of a second or subsequent violation of this part occurring within 3 years of a previous violation of this part shall be punished by imprisonment for not more than 90 days or a fine of not less than $500.00 or more than $1,500.00, or both. In addition, the court may order the individual’s license revoked if the individual is licensed to hunt, fish, or trap in this state, and may order the individual not to seek or possess a license for not more than 3 succeeding calendar years.
(5) The court may order an individual convicted of violating this part to pay the costs of prosecution.
(6) The following may be seized and forfeited in the same manner as provided in chapter 47 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709:
(a) A protected animal, a fur-bearing animal, game, or fish taken while committing any violation of this part.
(b) Property in the possession of the defendant while committing a second or subsequent violation of this part occurring within 3 years of a previous violation of this part. This subdivision does not apply to either of the following:
(i) Electronic hunting-dog-retrieval equipment.
(ii) A living or dead animal of any kind not described in subdivision (a).
(7) The court shall order an individual convicted of violating this part to make restitution for any damage arising out of the violation, including, but not limited to, reimbursing this state for the value of any protected animal, fur-bearing animal, game, or fish taken while violating this part as provided in section 40119. However, the value of fish shall be determined as provided in section 48740.