November 13, 2008, Introduced by Rep. Meisner and referred to the Committee on Families and Children's Services.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 136b (MCL 750.136b), as amended by 1999 PA 273.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 136b. (1) As used in this section:
(a) "Child" means a person who is less than 18 years of age
and is not emancipated by operation of law as provided in section 4
of 1968 PA 293, MCL 722.4.
(b) "Cruel" means brutal, inhuman, sadistic, or that which
torments.
(c) "Omission" means a willful failure to provide the food,
clothing, or shelter necessary for a child's welfare or the willful
abandonment of a child.
(d) "Person" means a child's parent or guardian or any other
person who cares for, has custody of, or has authority over a child
regardless of the length of time that a child is cared for, in the
custody of, or subject to the authority of that person.
(e) "Physical harm" means any injury to a child's physical
condition.
(f) "Serious physical harm" means any physical injury to a
child that seriously impairs the child's health or physical well-
being, including, but not limited to, brain damage, a skull or bone
fracture, subdural hemorrhage or hematoma, dislocation, sprain,
internal injury, poisoning, burn or scald, or severe cut.
(g) "Serious mental harm" means an injury to a child's mental
condition or welfare that is not necessarily permanent but results
in visibly demonstrable manifestations of a substantial disorder of
thought or mood which significantly impairs judgment, behavior,
capacity to recognize reality, or ability to cope with the ordinary
demands of life.
(2) A person is guilty of child abuse in the first degree if
the
either of the following
applies:
(a) The person knowingly or intentionally causes serious
physical or serious mental harm to a child.
(b) The person knowingly and intentionally commits an act in
wanton and willful disregard of the likelihood that the natural
tendency of the person's behavior is to cause serious physical harm
or serious mental harm to a child and that behavior causes serious
physical harm or serious mental harm to a child.
(3) Child abuse in the first degree is a felony punishable as
follows:
(a) Except as provided in subdivision (b), by imprisonment for
not more than 15 years.
(b) If the child dies as a result of the serious physical
harm, by imprisonment for life without parole eligibility.
(4) (3)
A person is guilty of child abuse
in the second degree
if any of the following apply:
(a) The person's omission causes serious physical harm or
serious mental harm to a child or if the person's reckless act
causes serious physical harm to a child.
(b) The person knowingly or intentionally commits an act
likely to cause serious physical or mental harm to a child
regardless of whether harm results.
(c) The person knowingly or intentionally commits an act that
is cruel to a child regardless of whether harm results.
(5) (4)
Child abuse in the second degree is
a felony
punishable by imprisonment for not more than 4 years.
(6) (5)
A person is guilty of child abuse
in the third degree
if the person knowingly or intentionally causes physical harm to a
child. Child abuse in the third degree is a misdemeanor punishable
by imprisonment for not more than 2 years.
(7) (6)
A person is guilty of child abuse
in the fourth degree
if the person's omission or reckless act causes physical harm to a
child. Child abuse in the fourth degree is a misdemeanor punishable
by imprisonment for not more than 1 year.
(8) (7)
This section does not prohibit a
parent or guardian,
or other person permitted by law or authorized by the parent or
guardian, from taking steps to reasonably discipline a child,
including the use of reasonable force.