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Michigan Criminal Code: Firearms

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Maiming or injuring person by discharging firearm; intentionally aimed without malice

Published: 9 months ago
Subcategory:
Firearms

THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.235 Maiming or injuring person by discharging firearm; intentionally aimed without malice; exception; "peace officer" defined. Sec. 235.

(1) A person who maims or injures another person by discharging a firearm pointed or aimed intentionally but without malice at another person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $500.00, or both. (2) This section does not apply to a peace officer of this state or another state, or of a local unit of government of this state or another state, or of the United States, performing his or her duties as a peace officer. As used in this section, "peace officer" means that term as defined in section 215.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.235 ;-- Am. 2005, Act 303, Imd. Eff. Dec. 21, 2005 Former Law: See section 3 of Act 68 of 1869, being CL 1871, § 7549; How., § 9112; CL 1897, § 11511; CL 1915, § 15234; and CL 1929, § 16778.

Analysis of Michigan Penal Code Section 235

The provided excerpt is from Act 328 of 1931, which contains Section 235 of the Michigan Penal Code. This section deals with the offense of maiming or injuring another person by discharging a firearm intentionally but without malice. It outlines the offense, exceptions, and the definition of a "peace officer."

Offense of Maiming or Injuring by Discharging a Firearm

  1. It is a misdemeanor offense for a person to maim or injure another person by intentionally discharging a firearm that is pointed or aimed at the other person, but without malice.
    • The offense is punishable by imprisonment for a term of up to 1 year or a fine of up to $500.00, or both.
  2. Exception:
    • This section does not apply to peace officers who are performing their duties as peace officers.
    • For the purposes of this section, the term "peace officer" has the same definition as provided in section 215.

Please note that Section 235 has undergone amendments since its inclusion in Act 328 of 1931. The most recent amendment was made by Act 303 of 2005.

It is important to be aware that legal interpretations and applications may vary, and it is advisable to consult legal professionals or refer to the complete and updated version of the Michigan Penal Code for precise and current information.

This should be used for informational and general purposes only and should not be construed as legal advice or relied on aside for general information that may contain opinion.

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