SENATE BILL NO. 859 February 3, 1998, Introduced by Senator VAN REGENMORTER and referred to the Committee on Families, Mental Health and Human Services. A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 135, 136b, and 145a (MCL 750.135, 750.136b, and 750.145a), section 136b as added by 1988 PA 251. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 135.Exposing child with intent to injure or2abandon--Any father or mother ofA PERSON WHO EXPOSES a child 3under the age ofLESS THAN 6 years, or any other person who4shall expose such child in anyOF AGE IN A street, field, house 5 or other place,with intent to injure or whollytoabandon 6it, shall beTHAT CHILD IS guilty of A felony,punishable by 7 imprisonmentin the state prisonFOR not more than 10 years OR 8 A FINE OF NOT MORE THAN $5,000.00, OR BOTH. 9 Sec. 136b. (1) As used in this section: 03813'97 JOJ 2 1 (a) "Child" means a person who is less than 18 years of age 2 andisnot emancipated by operation of law as provided in 3 section4(1)4 ofAct No. 293 of the Public Acts of 1968,4being section 722.4 of the Michigan Compiled Laws1968 PA 293, 5 MCL 722.4. 6 (b) "Omission" means a willful failure to provide the food, 7 clothing, or shelter necessary for a child's welfare or the will- 8 ful abandonment of a child. 9 (c) "Person" means a child's parent or guardian or any other 10 person who cares for, has custody of, or has authority over a 11 child regardless of the length of time thataTHE child is 12 cared for BY, in the custody of, or subject to the authority of 13 that person. 14 (d) "Physical harm" means any injury to a child's physical 15 condition. 16 (e) "Serious physical harm" means an injury of a child's 17 physical condition or welfare that is not necessarily permanent 18 but constitutes substantial bodily disfigurement,or seriously 19 impairs the function of a body organ or limb. 20 (f) "Serious mental harm" means an injury to a child's 21 mental condition or welfare that is not necessarily permanent but 22 results in visibly demonstrable manifestations of a substantial 23 disorder of thought or moodwhichTHAT significantly impairs 24 judgment, behavior, capacity to recognize reality, or ability to 25 cope with the ordinary demands of life. 26 (2) A person is guilty of child abuse in the first degree if 27 the person knowingly or intentionally causes serious physical or 03813'97 3 1 serious mental harm to a child. Child abuse in the first degree 2 is a felony punishable by imprisonment for not more than 15 years 3 OR A FINE OF NOT MORE THAN $7,500.00, OR BOTH. 4 (3) A person is guilty of child abuse in the second degree 5 if the person's omission causes serious physical harm or serious 6 mental harm to a child or if the person's reckless act causes 7 serious physical harm to a child. Child abuse in the second 8 degree is a felony punishable by imprisonment for not more than 4 9 years OR A FINE OF NOT MORE THAN $2,500.00, OR BOTH. 10 (4) A person is guilty of child abuse in the third degree if 11 the person knowingly or intentionally causes physical harm to a 12 child. Child abuse in the third degree is a misdemeanor punish- 13 able by imprisonment for not more than 2 years OR A FINE OF NOT 14 MORE THAN $1,500.00, OR BOTH. 15 (5) A person is guilty of child abuse in the fourth degree 16 if the person's omission or reckless act causes physical harm to 17 a child. Child abuse in the fourth degree is a misdemeanor pun- 18 ishable by imprisonment for not more than 1 year OR A FINE OF NOT 19 MORE THAN $1,000.00, OR BOTH. 20 (6) This sectionshallDOES notbe construed toprohibit 21 a parent or guardian, or other person permitted by law or autho- 22 rized by the parent or guardian, from taking steps to reasonably 23 discipline a child, including the use of reasonable force. 24 Sec. 145a.Accosting, enticing or soliciting child. Any25 A person whoshall accost, entice, or solicitACCOSTS, ENTICES, 26 OR SOLICITS a child under the age of 16 years with intent to 27 induce or forcesaidTHAT child to commit an immoral act,or03813'97 4 1 to submit to an act of sexual intercourse,oran act of2 gross indecency,or any other act of depravity or delinquency, 3 orshall suggestSUGGESTS tosuchTHE child any ofthe4aforementionedTHOSE acts, shall on conviction thereof be5deemedIS guilty of a misdemeanor,punishable by imprisonment 6in the county jailfor not more than 1 year OR A FINE OF NOT 7 MORE THAN $1,000.00, OR BOTH. 03813'97 Final page. JOJ