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clothing; felony; penalty; bond; probation; failure to comply with conditions in bond;
 forfeiture of bond; disposition of sums received; continuing offense; proof.
 Sec. 161.
    (1) A person who deserts and abandons his or her spouse or deserts and abandons his or her
 children under 17 years of age, without providing necessary and proper shelter, food, care, and
 clothing for them, and a person who being of sufficient ability fails, neglects, or refuses to
 provide necessary and proper shelter, food, care, and clothing for his or her spouse or his or
 her children under 17 years of age, is guilty of a felony, punishable by imprisonment in a state
 correctional facility for not less than 1 year and not more than 3 years, or by imprisonment in
 the county jail for not less than 3 months and not more than 1 year.
    (2) If at any time before sentence the defendant enters into bond to the people of the state of
 Michigan in such penal sum for such term and with such surety or sureties as may be fixed by
 the court, conditioned that he or she will furnish his or her spouse and children with necessary
 and proper shelter, food, care, and clothing, or will pay to the clerk of the court, or other
 designated person, such sums of money at such times as the court shall order to be used to
 provide food, shelter, and clothing for his or her spouse and children, or either of them, then
 the court may make an order placing the defendant in charge of a probation officer. The court
 may require that the defendant shall from time to time report to the probation officer as
 provided by law. The court may extend the period of probation from time to time or the court
 may defer sentence in the cause, but no term of any bond or any probation period shall exceed
 the maximum term of imprisonment as provided for in this section.
    (3) Upon failure of the defendant to comply with any of the conditions contained in the
 bond, the defendant may be ordered to appear before the court and show cause why sentence
 should not be imposed, whereupon the court may pass sentence, or for good cause shown may
 modify the order and further defer sentence as may be just and proper. Whenever the


                                                                  Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026            Page 139 of 465                              Courtesy of legislature.mi.gov

 whereabouts of the defendant is unknown, the court may summarily issue a bench warrant for
 the arrest of the defendant.
    (4) The court, upon default by the defendant to comply with the conditions of the bond and
 the orders of the court, shall notify the prosecuting attorney, who shall immediately file a
 petition in the court in which the cause is pending to declare the bond forfeited. A copy of the
 petition and a notice of hearing on the petition shall be served upon the surety or sureties, if
 any, named in the bond at least 4 days before the hearing of the petition. Upon holding a
 hearing on the petition, the court may declare the bond forfeited. When so ordered, the
 prosecuting attorney shall immediately institute the necessary action to collect the principal
 sum of the bond. If a cash bond has been filed, the cash bond shall be declared forfeited by the
 court.
    (5) All sums received from bonds being forfeited shall be paid to the clerk of the court, who
 shall hold and disburse the money for the use of those entitled to the money in accordance
 with the orders of the court for their necessary food, care, shelter, and clothing.
    (6) Desertion, abandonment, or refusal or neglect to provide necessary and proper shelter,
 food, care, and clothing as provided in this section shall be considered to be a continuing
 offense and may be so set out in any complaint or information. Proof of the offense charged at
 any time during the period alleged in the complaint or information shall be considered proof of
 a violation of this section.