A Look at Michigan’s Animal Cruelty Statutes
An overview of Michigan’s animal cruelty statutes begins at MCL 750.50. While there are two primary Michigan animal abuse statutes that prohibit certain treatment of animals in Michigan, there are also Michigan laws regarding poisoning and other "abandoning" of animals that fit within this general group of animal cruelty laws. There are also animal fighting laws and general legal coverage of animal importation under Michigan law.
MCL 750.50 refers to "malicious destruction of a lawfully possessed animal." The very first sentence of that statute states that is it against the law to "mu[t]ilate, torture, wound, or kill without just cause, any domestic animal or any wild animal which is taken or possessed as permitted under State law or Federal law." This covers everything from cats to deer. This law covers the actions of any person who acts maliciously or intentionally injures the animal, or fails to act when they are responsible for the animal’s care and control. In other words, the person could be the owner of the pet , or just the caretaker. MCL 750.50a prohibits "killing or torture." This law penalizes any one who tortures, mutilates, or poisons an animal. It also says it is a misdemeanor to abandon an animal or to "fail to provide an animal with adequate care." The law does not specify what "adequate care" means, so it could be subject to judicial interpretation. MCL 750.50b refers to "releasing dogs upon unsupervised human beings." Specifically, if a person allows his dog to "run uncontrolled or unconfined off the premises of his house or property into a field, forest, [or] other place" which is not on the lawful owner’s property, it is a misdemeanor. Similarly, if a person "has a pack of dogs" and allows them to run uncontrolled, they commit a misdemeanor. These misdemeanors can be enhanced to felonies based on the severity of the injury, the number of offenses committed, and whether or not a person was injured or killed. MCL 752.21b is a more modern statute entitled "poisoning the meat, feed, or water of animals." This statute makes it a felony to use poison to kill or injure an animal that belongs to another person.
Consequences for Animal Cruelty in Michigan
In Michigan, the general penalty for animal cruelty under MCL 750.50(3) is a felony punishable by up to four years in prison and/or a fine of $5,000. Misdemeanor and felony penalties for specific animal cruelty offenses are prescribed by statutory law as follows:
Only "a properly licensed veterinarian licensed under Act No. 287 of the Public Acts of 1969" may administer or prescribe any drug for the treatment of an animal. MCL 750.50(4).
A trial court may order reimbursement of "the reasonable cost of feeding, care, and housing" of an animal that is "subject of an animal cruelty violation" while the matter is pending. MCL 750.50a(2).
The following are examples of animal cruelty felonies and misdemeanors – and prescribed penalties therefor – from the Michigan Penal Code:
Updates to Michigan’s Animal Laws
Recently, however, some legislators and activists have become more aggressive about seeking to strengthen Michigan’s animal laws. Introduced in the last year of 2017, Public Act 93 of 2017 added tortoises, iguanas and several other reptiles to the state’s definition of "animal" found in MCL 750.50 through 750.50a. Along with recent changes to Mich. Comp. Laws 324.401(1), a statutory prohibition on possessing certain reptiles in Michigan, this law appears to widen the net so to speak in terms of identifying prohibited animals.
At the same time, these legislative efforts to add coverage to the state’s most powerful animal statutes, namely Mich. Comp. Laws 767.13 and 767.14, provides animal law activists with tools they have sought for years to punish "animal hoarders" and improve the ability to prosecute individuals for animal deaths and abuse. For example, Mich. Comp. Laws 767.14, under the heading "malicious tortious acts puncturing domestic animal," punishes individuals who cause the death or physical injury to a dog, cat or horse. The statute also punishes individuals who kill, shoot or destroy a dog, cat or horse owned by another person intentionally "without legal right to do so." Given the wording of the statute, it remains unclear what is meant by "legal right to do so." A cold look at the statute, particularly the preceding Mich. Comp. Laws 767.13 ("killing, trapping, etc., of dogs"), may give rise to questions as to whether Mich. Comp. Laws 767.14 permits shooting a sick horse as opposed to "killing" a horse owned by another "without legal right to do so." Mich. Comp. Laws 767.13, in turn, provides that a person "may lawfully kill or destroy a dog" during certain defined periods and under certain defined conditions without incurring civil liability.
One of the most well-known cases purportedly brought under Mich. Comp. 767.14 and Mich. Comp. Laws 2919.22, otherwise known as the "Puppy Protection Act" or "Freeman’s Law" (as named after the defendant in question), Huiying Xi, et al.v. Ajani Freeman, 01-CV-13277-BC (2002), bears an interesting procedural background. Defendants were accused of killing a rat terrier named Lucy, after it had nipped one of their children during a play session when the child was a toddler. Defendants argued that the rat terrier had become aggressive and vicious, and was responsible for attacking their child without cause and therefore must be destroyed according to Mich. Comp Laws 767.14. Plaintiff disputed any such attack or any vicious propensities by the dog. The trial court found statutory issues with both Mich. Comp. Laws 767.14 and 767.13, and held that "a proper reading of these statutes indicates that a person is not permitted to harm an animal or even the owner’s animal that has been defined as vicious." When it was upheld with citation to Mich. Comp. Laws 767.14(3) (requiring ownership verifications at the time of the alleged act), this case served to overly limit the application of Mich. Comp. Laws 767.14, which has been largely upheld according to more recent case law as properly applied.
How to Report Animal Cruelty in Michigan
To report animal cruelty in Michigan, call the Michigan Humane Society 24-hour Animal Cruelty Hotline at 1-866-MHUMANE (1-866-648-86273). You can also send the Humane Society evidence of animal cruelty via text message by texting the word ‘HELP’ plus your address to 313-407-9070. If you are experiencing an emergency, however, call 911 rather than using text messaging to reach law enforcement. The Michigan Humane Society’s 24-hour hotline is designed to collect information about suspected animal cruelty and relay that information to law enforcement or an animal cruelty investigator from the Michigan Humane Society. You can rest assured that the hotline is confidential and you will remain anonymous regardless of whether charges are filed . Your information will be shared with law enforcement for investigation and follow-up, however, if charges are filed, you may be called as a witness. Be prepared to provide your name and contact information if you witness animal abuse or cruelty. The Michigan Humane Society (MHS) is an organization well known for investigating, prosecuting, and preventing animal cruelty in Michigan. The MHS investigates more than 5,000 cases of animal cruelty each year, so do not be surprised if you do not get a response regarding your report right away. Please remember that animal cruelty also includes but is not limited to acts of negligence and neglect, such as failing to properly care for animals.
The Impact of Animal Cruelty on Communities
Communities that tolerate or experience animal cruelty are the same communities that face domestic violence, child abuse, and other violent crime. There is a strong correlation between animal abuse and interpersonal violence. When one leaves, the other is not far behind. Enforcement of animal cruelty laws sends a message to the community that animals are not expendable. It sends a message that violence has no place in community interactions, and that all voiceless beings have value. That message will be heard loud and clear. Add to this fact that Michigan has become ground zero for puppy mills, just like Missouri has, and you have an epidemic of pet over population with misguided people who lack compassion or empathy in a world that they perceive as largely anonymous, and then add into that mix dog fighting. And ask yourself whether you want to live in a community where these facts are the norm instead of the exception. So, do you want to move to Missouri or Michigan? Don’t stop there. Beyond responsible adoption/sterilization enforcement, the approach to puppy mills should be shutting them down using "puppy lemon laws." This manages to address spaying and neutering by requiring it of any seller of a commercially bred puppy/dog, plus it addresses the puppy mill issue, so parents of the pet store puppies (whether a backyard operation or a puppy mill) can be sanctioned. The puppy mill problem in Michigan is every bit as dire as it is in Missouri. The puppy mill problem in Michigan is every bit as dire as it is in Missouri. The question is: whose side are you on when it comes to enforcement of animal cruelty laws and addressing the systemic problems of puppy mills?
Support and Resources for Animal Cruelty Victims
Victims of animal cruelty do have resources and support available to them if they are brought to a shelter or animal rescue in Michigan. From private non-profit animal rescues to larger scale governmental shelters, any animal victimizing abuse has Shelby County Humane Society, Michigan Anti-Cruelty Laws, and Michigan Animal Protection League on their side.
The Shelby County Humane Society is a private animal rescue that provides animal cruelty control services since 1971. They offer services for animal adoptions, animal cruelty investigations, and a boarding and grooming facility for animals. It is one of the largest animal rescues in Michigan and has adopted thousands of animals over the years. Shelby County provides charities for pet protection that helps with animal control for the county and no-kill shelter adoption facility that has many resources for victims of animal cruelty.
The Michigan Anti-Cruelty Laws are provided by Michigan Animal Protection League . They offer how-to information on animal rescue, legal issues regarding animal cruelty, and Michigan’s Anti-Cruelty Statute. The law states: "(A) person who shall be convicted of ill-treating or torturing or abusing, or cause to be ill-treated or tortured or abused, any animal, or any place, street or highway, shall be guilty of a misdemeanor where the punishment by imprisonment shall not exceed 90 days and where the punishment by a fine shall not be less than $10 nor more than $100 or both such fine and imprisonment in the discretion of the court, except that, in the case of a second conviction, a person shall be guilty of a felony where the punishment by imprisonment shall not exceed 10 years and where the punishment by a fine shall not be less than $100 nor more than $1,000 or both such fine and imprisonment may be imposed; and that, on the subsequent conviction, such person shall be guilty of a felony, where the punishment by imprisonment shall not exceed 10 years and where the punishment by a fine shall not be less than $500 nor more than $5,000."
