Michigan

Summary: The Michigan Legislature has designed three primary provisions related to cruelty to animals: intentional infliction of pain and suffering, duty to provide care, and anti-animal fighting.  The intentional infliction of pain and suffering provision carries the most severe penalties for animal cruelty and a violation is automatically a felony.  A violation of the duty to provide care provision is initially a misdemeanor, which becomes a felony for a second or subsequent violation.  A violation of the anti-animal fighting provision is either a misdemeanor or a felony, depending on the severity of conduct related to fighting.  The provision does not apply to the lawful killing of livestock or customary animal husbandry of livestock, or lawful fishing, hunting, trapping, wildlife control, pest or rodent control, and animal research.

Summary: This statute provides that a person violating any of the animal cruelty statutes may be arrested without warrant, similar to the arrest of those found disturbing the peace.  Further, the official making the arrest has a duty to seize the animals involved and place them in the custody of the jurisdiction.

Summary: Note: Repealed by P.A.2015, No. 210, § 1(f), Eff. March 14, 2016. This statute provides that it is the duty of the officials involved in animal cruelty investigations to arrest and prosecute those committing the offenses where there is knowledge or reasonable notice of the acts.  The failure or neglect by an officer involved to do so may result in a misdemeanor.

Summary: This statute outlines the penalty for the intentional physical harm or interference with a police dog or horse.  The statute provides for a misdemeanor in the case of interference to the animal and a five-year felony where the animal was killed or seriously physically injured.  If the interference was committed during the commission of another felony, then the penalty rises to a potential two-year imprisonment.

Summary: This law was amended in late 2008 to clearly define killing or torturing an animal as a general intent crime (the terms "willfully" and "maliciously" were changed to "knowingly"). Under the statute, violation is an automatic felony punishable by a prison term of up to four years for knowingly killing, torturing, mutilating, maiming, poisoning any animal "without just cause." That phrase was added to exclude negligent conduct such as hitting a deer on the road.  In addition, commission of  a reckless act knowing or having reason to know that the act will cause an animal to be killed, tortured, mutilated, maimed, or disfigured also falls under the statute. Among the exclusions are hunting, fishing, trapping, livestock husbandry, and scientific research.

Summary: This statute makes it a misdemeanor to (1) willfully and maliciously assault, beat, harass, injure, or attempt to assault, beat, harass, or injure a service animal that he or she knows or has reason to believe is a service animal used by a person with a disability; or (2) willfully and maliciously impede or interfere with, or attempt to impede or interfere with, duties performed by a service animal that he or she knows or has reason to believe is a service animal used by a person with a disability. Violation is a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

Summary: This statute sets out the Michigan duty of care for all vertebrate animals, including what define adequate food, water, and shelter. Also explained are the penalty and forfeiture provisions for violations of the statute. The exclusions under the statute include those animals used in hunting, fishing, trapping, horse racing, farming, zoos, and scientific research.  The 2008 amendments revise the penalties for harming animals and allow for consecutive sentencing.

Summary: The anti-animal fighting provision prohibits conduct related to animal fighting, including but not limited to organizing or being a spectator at a fight and training or using animals for fighting.

Summary: This statute provides that if a juvenile is found to be within the court's jurisdiction for an offense that, if committed by an adult, would be a violation of the Michigan penal code relating to either cruelty to animals or arson, the court shall order that the juvenile be evaluated to determine if he or she needs psychiatric or psychological treatment. If the court determines that psychiatric or psychological treatment is appropriate, the court may order that treatment in addition to any other treatments or penalties allowed by law.

Summary: This Michigan statute provides that a trust for the care of a designated domestic or pet animal is valid (these trusts follow the terms for non-charitable trusts and thus, can be of a duration of up to 21 years). The trust terminates when no living animal is covered by the trust.  Extrinsic evidence is admissible to prove the transferor's intent and the court may reduce the amount of the property transferred if it determines that that amount substantially exceeds the amount required for the intended use.