April 29, 2003, Introduced by Reps. Sak, Spade, Minore, Farrah, Paletko, Byrum, Murphy, Zelenko, Plakas, Drolet and Bieda and referred to the Committee on Criminal Justice.
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:
1 Sec. 136b. (1) As used in this section:
2 (a) "Child" means a person who is less than 18 years of age
3 and is not emancipated by operation of law as provided in section
4 4 of 1968 PA 293, MCL 722.4.
5 (b) "Cruel" means brutal, inhuman, sadistic, or that which
6 torments.
7 (c) "Omission" means a willful failure to provide the food,
8 clothing, or shelter necessary for a child's welfare or the
9 willful abandonment of a child.
10 (d) "Person" means a child's parent or guardian or any other
1 person who cares for, has custody of, or has authority over a
2 child regardless of the length of time that a child is cared for,
3 in the custody of, or subject to the authority of that person.
4 (e) "Physical harm" means any injury to a child's physical
5 condition.
6 (f) "Serious physical harm" means any physical injury to a
7 child that seriously impairs the child's health or physical
8 well-being, including, but not limited to, brain damage, a skull
9 or bone fracture, subdural hemorrhage or hematoma, dislocation,
10 sprain, internal injury, poisoning, burn or scald, or severe
11 cut.
12 (g) "Serious mental harm" means an injury to a child's mental
13 condition or welfare that is not necessarily permanent but
14 results in visibly demonstrable manifestations of a substantial
15 disorder of thought or mood which significantly impairs judgment,
16 behavior, capacity to recognize reality, or ability to cope with
17 the ordinary demands of life.
18 (2) A person is guilty of child abuse in the first degree if
19 the person knowingly or intentionally causes serious physical or
20 serious mental harm to a child. Child abuse in the first degree
21 is a felony punishable by
imprisonment for not more than 15
22 life or any term of years or, if the violation results in the
23 death of the child, by life or any term of years but not less
24 than 2 years.
25 (3) A person is guilty of child abuse in the second degree if
26 any of the following apply:
27 (a) The person's omission causes serious physical harm or
1 serious mental harm to a child or if the person's reckless act
2 causes serious physical harm to a child.
3 (b) The person knowingly or intentionally commits an act
4 likely to cause serious physical or mental harm to a child
5 regardless of whether harm results.
6 (c) The person knowingly or intentionally commits an act that
7 is cruel to a child regardless of whether harm results.
8 (4) Child abuse in the second degree is a felony punishable
9 by imprisonment for not
more than 4 8 years.
10 (5) 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 felony
13 punishable by
imprisonment for not more than 2 4 years.
14 (6) A person is guilty of child abuse in the fourth degree if
15 the person's omission or reckless act causes physical harm to a
16 child. Child abuse in the fourth degree is a misdemeanor
17 punishable by
imprisonment for not more than 1 year 2 years.
18 (7) This section does not prohibit a parent or guardian, or
19 other person permitted by law or authorized by the parent or
20 guardian, from taking steps to reasonably discipline a child,
21 including the use of reasonable force.