Statute in Full:
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 (for example, being a spectator at a fight is a misdemeanor while organizing a fight is a felony). Michigan anti-animal cruelty law also protects animals in work-related roles, such as guide dogs and police animals.
Section 750.50b is the primary felony anti-animal cruelty provision in Michigan. This provision punishes the willful and malicious infliction of injury to animals, defined as vertebrates other than human beings, without just cause or excuse. Injuries include killing, torturing, mutilating, maiming, disfiguring, or poisoning. Mich. Comp. Laws § 750.50b(1)-(2) (2001).
The offense is a felony punishable by imprisonment for no more than 4 years and/or a fine of no more than $5,000.00. §750.50b(2). The offender may be ordered to pay the costs of prosecution, to pay the costs of care, housing, and medical treatment for the animal victim, and to obtain a psychiatric or psychological evaluation and attend counseling if deemed necessary. § 750.50b(3)-(4). Further, punishment may include the temporary or permanent relinquishment of animal ownership, the violation of which subjects the offender to possible revocation of probation and the contempt powers of the court. §750.50b(5)-(6).
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. § 750.50b(7)-(8).
Statutory Provisions:
MCL 750.49 – Animal Fighting Provision - 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.
MCL 750.50 - Duty to Provide Adequate Care Provision - This statute sets out the Michigan duty of care for all vertebrate animals, including what define adequate food, water, and shelter. 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, zoos, and scientific research.
MCL 750.50a - Leader Dog Provision - This statute sets out the penalty for willful and malicious interference with guide dogs used by individuals defined by statute as blind, deaf, or physically limited. Under the statute, a first offense results in a misdemeanor conviction with penalty enhancement for subsequent convictions.
MCLA 750.50b - Intentional Infliction of Pain and Suffering Provision - This statute makes it an automatic felony punishable by a prison term of up to four years for the malicious and intentional torturing, maiming, poisoning or unjustified killing of any animal not excluded by statute. Among the exclusions are hunting, fishing, trapping, livestock husbandry, and scientific research.
MCL 750.50c - Police Dog or Horse Provision - 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.
MCL 750.52 - Duty to Enforce Provision - 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.
MCL 750.53 - Search and Seizure Provision - 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.
MCL 750.158 - Crime against nature or sodomy; penalty -
Sec. 158. Any person who shall commit the abominable and detestable crime against nature either with mankind or with any animal shall be guilty of a felony, punishable by imprisonment in the state prison not more than 15 years, or if such person was at the time of the said offense a sexually delinquent person, may be punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life.
Source:
P.A.1931, No. 328, § 158, Eff. Sept. 18.
C.L.1948, § 750.158.
P.A.1952, No. 73, § 1, Eff. Sept. 18.
C.L.1970, § 750.158.
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