Michigan

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MI - Constitutional Provisions - § 5. State lands

Summary: This section describes the State legislature's authority over all state land and the requirement that all departments that have supervision or control of any state land submit an annual report as to the status of such land to the legislature

This section describes the State legislature's authority over all state land and the requirement that all departments that have supervision or control of any state land submit an annual report as to the status of such land to the legislature

MI - Cruelty - Consolidated Cruelty Statutes (MCL 750.49 - 70)

Summary: The Michigan Legislature has designed three primary provisions related to cruelty to animals: intentional infliction of pain and suffering, duty to provide care, and anti-animal fighting. The intentional infliction of pain and suffering provision carries the most severe penalties for animal cruelty and a violation is automatically a felony. A violation of the duty to provide care provision is initially a misdemeanor, which becomes a felony for a second or subsequent violation. A violation of the anti-animal fighting provision is either a misdemeanor or a felony, depending on the severity of conduct related to fighting. The provision does not apply to the lawful killing of livestock or customary animal husbandry of livestock, or lawful fishing, hunting, trapping, wildlife control, pest or rodent control, and animal research.

The Michigan Legislature has designed three primary provisions related to cruelty to animals: intentional infliction of pain and suffering, duty to provide care, and anti-animal fighting. The intentional infliction of pain and suffering provision carries the most severe penalties for animal cruelty and a violation is automatically a felony. A violation of the duty to provide care provision is initially a misdemeanor, which becomes a felony for a second or subsequent violation. A violation of the anti-animal fighting provision is either a misdemeanor or a felony, depending on the severity of conduct related to fighting. The provision does not apply to the lawful killing of livestock or customary animal husbandry of livestock, or lawful fishing, hunting, trapping, wildlife control, pest or rodent control, and animal research.

MI - Forfeiture - Chapter 750. Michigan Penal Code. The Michigan Penal Code

Summary: This statute provides that a person violating any of the animal cruelty statutes may be arrested without warrant, similar to the arrest of those found disturbing the peace.  Further, the official making the arrest has a duty to seize the animals involved and place them in the custody of the jurisdiction.

This statute provides that a person violating any of the animal cruelty statutes may be arrested without warrant, similar to the arrest of those found disturbing the peace.  Further, the official making the arrest has a duty to seize the animals involved and place them in the custody of the jurisdiction.

MI - Cruelty - Chapter 750. Michigan Penal Code. The Michigan Penal Code.

Summary: Note: Repealed by P.A.2015, No. 210, § 1(f), Eff. March 14, 2016. This statute provides that it is the duty of the officials involved in animal cruelty investigations to arrest and prosecute those committing the offenses where there is knowledge or reasonable notice of the acts. The failure or neglect by an officer involved to do so may result in a misdemeanor.

Note: Repealed by P.A.2015, No. 210, § 1(f), Eff. March 14, 2016. This statute provides that it is the duty of the officials involved in animal cruelty investigations to arrest and prosecute those committing the offenses where there is knowledge or reasonable notice of the acts. The failure or neglect by an officer involved to do so may result in a misdemeanor.

MI - Service Animal - Chapter 750. Michigan Penal Code. The Michigan Penal Code.

Summary: This statute outlines the penalty for the intentional physical harm or interference with a police dog or horse. The statute provides for a misdemeanor in the case of interference to the animal and a five-year felony where the animal was killed or seriously physically injured. If the interference was committed during the commission of another felony, then the penalty rises to a potential two-year imprisonment.

This statute outlines the penalty for the intentional physical harm or interference with a police dog or horse. The statute provides for a misdemeanor in the case of interference to the animal and a five-year felony where the animal was killed or seriously physically injured. If the interference was committed during the commission of another felony, then the penalty rises to a potential two-year imprisonment.

MI - Cruelty - Chapter 750. Michigan Penal Code. The Michigan Penal Code.

Summary: This is the felony animal cruelty law in Michigan. Under the law, a person is guilty of killing or torturing animals if they: (a) knowingly kill, torture, mutilate, maim, or disfigure an animal; (b) commit a reckless act knowing or having reason to know that the act will cause an animal to be killed, tortured, mutilated, maimed, or disfigured; (c) knowingly administer poison to an animal, or knowingly expose an animal to any poisonous substance, with the intent that the substance be taken or swallowed by the animal; or (d) violate or threaten to violate subdivision (a) or (c) with the intent to cause mental suffering or distress to a person or to exert control over a person. Whether the offense becomes a first, second, or third degree felony depends on listed factors, including whether the animal is a companion animal (as defined in the law). A first degree felony conviction results in imprisonment up to 10 years, a fine of not more than $5,000, and/or community service for not more than 500 hours. As a part of the sentence, 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 animal victim, and the court may order the defendant to not own or possess an animal for ANY period of time including permanent relinquishment. Lawful killing of animals including fishing, hunting, pest control, and scientific research are excluded.

This is the felony animal cruelty law in Michigan. Under the law, a person is guilty of killing or torturing animals if they: (a) knowingly kill, torture, mutilate, maim, or disfigure an animal; (b) commit a reckless act knowing or having reason to know that the act will cause an animal to be killed, tortured, mutilated, maimed, or disfigured; (c) knowingly administer poison to an animal, or knowingly expose an animal to any poisonous substance, with the intent that the substance be taken or swallowed by the animal; or (d) violate or threaten to violate subdivision (a) or (c) with the intent to cause mental suffering or distress to a person or to exert control over a person. Whether the offense becomes a first, second, or third degree felony depends on listed factors, including whether the animal is a companion animal (as defined in the law). A first degree felony conviction results in imprisonment up to 10 years, a fine of not more than $5,000, and/or community service for not more than 500 hours. As a part of the sentence, 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 animal victim, and the court may order the defendant to not own or possess an animal for ANY period of time including permanent relinquishment. Lawful killing of animals including fishing, hunting, pest control, and scientific research are excluded.

MI - Service Animal - Chapter 750. Michigan Penal Code. The Michigan Penal Code.

Summary: This statute makes it a misdemeanor to (1) willfully and maliciously assault, beat, harass, injure, or attempt to assault, beat, harass, or injure a service animal that he or she knows or has reason to believe is a service animal used by a person with a disability; or (2) willfully and maliciously impede or interfere with, or attempt to impede or interfere with, duties performed by a service animal that he or she knows or has reason to believe is a service animal used by a person with a disability. Violation is a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

This statute makes it a misdemeanor to (1) willfully and maliciously assault, beat, harass, injure, or attempt to assault, beat, harass, or injure a service animal that he or she knows or has reason to believe is a service animal used by a person with a disability; or (2) willfully and maliciously impede or interfere with, or attempt to impede or interfere with, duties performed by a service animal that he or she knows or has reason to believe is a service animal used by a person with a disability. Violation is a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

MI - Cruelty, neglect - Chapter 750. Michigan Penal Code. The Michigan Penal Code.

Summary: This statute sets out the Michigan duty of care for all vertebrate animals, including what constitutes sufficient food, water, shelter, sanitary conditions, exercise, and veterinary medical attention in order to maintain an animal in a state of good health. Also explained are the penalty and forfeiture provisions for violations of the statute. The exclusions under the statute include those animals used in hunting, fishing, trapping, horse racing, farming, pest control, zoos, lawful killing under the Animal Industry Act, and scientific research. In 2019, the penalty provisions were revised. A first violation with one animal is a 93 day/$1,000 misdemeanor. If the violation involves two or three animals or the death of any animal, the penalty increases to a 1-year/$2,000 misdemeanor. If the violation involved 4 or more animals but fewer than 10 animals or the person had one prior conviction, it becomes a 2-year/$2,000 felony. If the violation involved 10 or more animals but fewer than 25 animals or the person had two prior convictions, it becomes a 4-year/$5,000 felony. If the violation involved 25 or more animals or the person has had 3 or more prior convictions, it becomes a 7-year/$10,000 felony. Finally, if the person is an operator of a pet shop and he or she has had 5 or more prior convictions, it is a 2-year/$5,000 felony.

This statute sets out the Michigan duty of care for all vertebrate animals, including what constitutes sufficient food, water, shelter, sanitary conditions, exercise, and veterinary medical attention in order to maintain an animal in a state of good health. Also explained are the penalty and forfeiture provisions for violations of the statute. The exclusions under the statute include those animals used in hunting, fishing, trapping, horse racing, farming, pest control, zoos, lawful killing under the Animal Industry Act, and scientific research. In 2019, the penalty provisions were revised. A first violation with one animal is a 93 day/$1,000 misdemeanor. If the violation involves two or three animals or the death of any animal, the penalty increases to a 1-year/$2,000 misdemeanor. If the violation involved 4 or more animals but fewer than 10 animals or the person had one prior conviction, it becomes a 2-year/$2,000 felony. If the violation involved 10 or more animals but fewer than 25 animals or the person had two prior convictions, it becomes a 4-year/$5,000 felony. If the violation involved 25 or more animals or the person has had 3 or more prior convictions, it becomes a 7-year/$10,000 felony. Finally, if the person is an operator of a pet shop and he or she has had 5 or more prior convictions, it is a 2-year/$5,000 felony.

MI - Fighting Generally - Chapter 750. Michigan Penal Code. The Michigan Penal Code

Summary: The anti-animal fighting provision prohibits conduct related to animal fighting, including but not limited to organizing or being a spectator at a fight and training or using animals for fighting.

The anti-animal fighting provision prohibits conduct related to animal fighting, including but not limited to organizing or being a spectator at a fight and training or using animals for fighting.

MI - Cruelty - 712A.18l. Juveniles, guilty of cruelty to animals or arson; court ordered psychiatric or psychological treatment

Summary: This statute provides that if a juvenile is found to be within the court's jurisdiction for an offense that, if committed by an adult, would be a violation of the Michigan penal code relating to either cruelty to animals or arson, the court shall order that the juvenile be evaluated to determine if he or she needs psychiatric or psychological treatment. If the court determines that psychiatric or psychological treatment is appropriate, the court may order that treatment in addition to any other treatments or penalties allowed by law.

This statute provides that if a juvenile is found to be within the court's jurisdiction for an offense that, if committed by an adult, would be a violation of the Michigan penal code relating to either cruelty to animals or arson, the court shall order that the juvenile be evaluated to determine if he or she needs psychiatric or psychological treatment. If the court determines that psychiatric or psychological treatment is appropriate, the court may order that treatment in addition to any other treatments or penalties allowed by law.
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