Michigan
Intentional Infliction of Pain and Suffering Provision
Citation: Mich. Comp. Laws 750.50b
Citation: MCLA 750.50b
Summary: 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.
Statute in Full:
Sec. 50b.
(1) As used in this section, "animal" means any vertebrate other than a human being.
(2) A person who willfully, maliciously and without just cause or excuse kills, tortures, mutilates, maims, or disfigures an animal or who willfully and maliciously and without just cause or excuse administers poison to an animal, or exposes an animal to any poisonous substance, other than a substance that is used for therapeutic veterinary medical purposes, with the intent that the substance be taken or swallowed by the animal, is guilty of a felony, punishable by imprisonment for not more than 4 years, or by a fine of not more than $5,000.00, or community service for not more than 500 hours or any combination of these penalties.
(3) As a part of the sentence for a violation of subsection (2), 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 impacted animal victim, as applicable. If the court does not order a defendant to pay all of the applicable costs listed in this subsection, or orders only partial payment of these costs, the court shall state on the record the reasons for that action.
(4) If a term of probation is ordered for a violation of subsection (2), the court may order, as a condition of probation, that the defendant be evaluated to determine the need for psychiatric or psychological counseling, and, if determined appropriate by the court, to receive psychiatric or psychological counseling at his or her own expense.
(5) As a part of the sentence for a violation of subsection (2), the court may order the defendant not to own or possess an animal for any period of time determined by the court, which may include permanent relinquishment.
(6) A person who owns or possesses an animal in violation of an order issued under subsection (5) is subject to revocation of probation if the order is issued as a condition of probation. A person who owns or possesses an animal in violation of an order issued under subsection (5) is also subject to the civil and criminal contempt power of the court, and if found guilty of criminal contempt, may be punished by imprisonment for not more than 90 days, or by a fine of not more than $500.00, or both.
(7) This section does not prohibit the lawful killing of livestock or a customary animal husbandry or farming practice involving livestock. As used in this subsection, "livestock" has the meaning attributed to the term in the animal industry act of 1987, Act No. 466 of the Public Acts of 1988, being sections 287.701 to 287.747 of the Michigan Compiled Laws.
(8) This section does not prohibit the lawful killing of an animal pursuant to any of the following:
(a) Fishing.
(b) Hunting, trapping, or wildlife control regulated pursuant to part 401 (wildlife conservation) of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being sections 324.40101 to 324.40119 of the Michigan Compiled Laws, and orders issued under that act.
(c) Pest or rodent control regulated pursuant to part 83 (pesticide control) of Act No. 451 of the Public Acts of 1994, being sections 324.8301 to 324.8336 of the Michigan Compiled Laws.
(d) Activities authorized pursuant to rules promulgated under section 9 of the executive organization act of 1965, Act No. 380 of the Public Acts of 1965, being section 16.109 of the Michigan Compiled Laws.
(9) This section does not prohibit the lawful killing or use of an animal for scientific research pursuant to any of the following or a rule promulgated pursuant to any of the following:
(a) Act No. 224 of the Public Acts of 1969, being sections 287.381 to 287.395 of the Michigan Compiled Laws.
(b) Sections 2226, 2671, 2676, 7109, and 7333 of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.2226, 333.2671, 333.2676, 333.7109, and 333.7333 of the Michigan Compiled Laws.