In the 1998 comedy film Half Baked, secondary character Kenny (played by Harland Williams) was arrested for accidentally killing a diabetic police horse on the side of the road by feeding it junk food. The main character Thurgood (played by Dave Chappelle) and his friends organize a marijuana sales scheme to raise bail money of $1 million to get Kenny out of jail for his charge of “killing a police officer”. While the movie is fictional and the facts are exaggerated, it is true that police dogs and horses get special legal protection in real life. If a person harms or kills a police animal, they face the possibility of stiff fines, a lengthy probation, or even incarceration in state prison.
DEFINITIONS
“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.” MCL 750.50c(1)(c).
“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.” MCL 750.50c(1)(d).
“Search and rescue dog” means “a dog that is trained for, being trained for, or engaged in a search and rescue operation.” MCL 750.50c(1)(e).
As defined, it is not necessary for the police dog or police horse to be “on duty” when the harm is caused as long as the animal was trained for or in service to the law enforcement agency when the injury or death occurred.
INTENTIONALLY KILLING OR CAUSING SERIOUS HARM TO A POLICE DOG OR POLICE HORSE
“A person shall not intentionally kill or cause serious physical harm to a police dog or police horse or a search and rescue dog.” MCL 750.50c(2).
“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.” MCL 750.50c(1)(g).
A person who violates this law 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. MCL 750.50c(5).
INTENTIONALLY CAUSING PHYSICAL HARM TO A POLICE DOG OR POLICE HORSE
“A person shall not intentionally cause physical harm to a police dog or police horse or a search and rescue dog.” MCL 750.50c(3). “Physical harm” means “any injury to a dog’s or horse’s physical condition.” MCL 750.50c(1)(b).
A person who violates this law 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. MCL 750.50c(6). However, a person who violates this law WHILE COMMITTING ANOTHER 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. MCL 750.50c(7). The offender may still be charged with, convicted of, and sentenced for any other crime committed while violating this law. MCL 750.50c(8).
INTENTIONALLY INTERFERING WITH POLICE DOG OR POLICE HORSE PERFORMING ITS DUTIES
“A person shall not intentionally harass or interfere with a police dog or police horse or search and rescue dog lawfully performing its duties.” MCL 750.50c(4). This can include activities such as preventing a drug sniffing dog from entering certain rooms when authorized, detracting the police dog with meats and treats, or preventing a police horse’s movement into a particular area when authorized.
A person who violates this law 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. MCL 750.50c(6). However, a person who violates this law WHILE COMMITTING ANOTHER 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. MCL 750.50c(7). The offender may still be charged with, convicted of and sentenced for any other crime committed while violating this law. MCL 750.50c(8).
IF YOU ARE CHARGED WITH HARMING OR KILLING A POLICE ANIMAL, YOU NEED A SKILLED CRIMINAL DEFENSE LAWYER IN YOUR CORNER
Law enforcement, prosecutors and judges are going to take charges of harming or killing a police animal seriously, so you should too by getting the best legal representation in your corner. A good lawyer may be able to prove that no crime was committed because the police animal was injured accidentally as opposed to intentionally. In addition, the prosecutor has the burden of proving beyond a reasonable doubt that the defendant knew that the dog or horse was in service to the police or was performing its duties if interference occurred, so a defense attorney can hold the state to its constitutional threshold. The stakes are too high to settle for anything less than the best lawyers on your side.
If you are charged with any crime and need legal representation, then do not hesitate to contact the experienced attorneys at Kershaw, Vititoe & Jedinak PLC for assistance today.
