750.136b Definitions; child abuse.
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
person knowingly or intentionally causes serious physical or serious
mental harm to a child. Child abuse in the first degree is a felony
punishable by imprisonment for not more than 15 years.
(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.
(4) Child abuse in the second degree is a felony punishable by imprisonment for not more than 4 years.
(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.
(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.
(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.