Sec. 50a.
(1) An individual shall not do either of the following:
(a) 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.
(b) 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.
(2) An individual who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.
(3) In a prosecution for a violation of subsection (1), evidence that the defendant initiated or continued conduct directed toward a service animal described in subsection (1) after being requested to avoid or discontinue that conduct or similar conduct by a person with a disability being served or assisted by the service animal shall give rise to a rebuttable presumption that the conduct was initiated or continued maliciously.
(4) A conviction and imposition of a sentence under this section does not prevent a conviction and imposition of a sentence under any other applicable provision of law.
(5) As used in this section:
(a) "Harass" means to engage in any conduct directed toward a service animal described in subsection (1) that is likely to impede or interfere with the service animal's performance of its duties or that places the person with a disability being served or assisted by the service animal in danger of injury.
(b) "Injure" means to cause any physical injury to a service animal described in subsection (1).
(c) "Maliciously" means any of the following:
(i) With intent to assault, beat, harass, or injure a service animal described in subsection (1).
(ii) With intent to impede or interfere with duties performed by a service animal described in subsection (1).
(iii) With intent to disturb, endanger, or cause emotional distress to a person with a disability being served or assisted by a service animal described in subsection (1).
(iv) With knowledge that the individual's conduct will or is likely to harass or injure a service animal described in subsection (1).
(v) With knowledge that the individual's conduct will or is likely to impede or interfere with duties performed by a service animal described in subsection (1).
(vi) With knowledge that the individual's conduct will or is likely to disturb, endanger, or cause emotional distress to a person with a disability being served or assisted by a service animal described in subsection (1).
(d) "Person with a disability" means a person who has a disability as defined in section 12102 of the Americans with disabilities act of 1990, 42 USC 12102, and 28 CFR 36.104.
(e) As used in subdivision (d), "person with a disability" includes a veteran who has been diagnosed with 1 or more of the following:
(i) Post-traumatic stress disorder.
(ii) Traumatic brain injury.
(iii) Other service-related disabilities.
(f) "Service animal" means all of the following:
(i) That term as defined in 28 CFR 36.104.
(ii) A miniature horse that has been individually trained to do work or perform tasks as described in 28 CFR 36.104 for the benefit of a person with a disability.
(g) "Veteran" means any of the following:
(i) A person who performed military service in the armed forces for a period of more than 90 days and separated from the armed forces in a manner other than a dishonorable discharge.
(ii) A person discharged or released from military service because of a service-related disability.
(iii) A member of a reserve branch of the armed forces at the time he or she was ordered to military service during a period of war, or in a campaign or expedition for which a campaign badge is authorized, and was released from military service in a manner other than a dishonorable discharge.
History: Add. 1994, Act 42, Eff. June 1, 1994 ;-- Am. 2015, Act 144, Eff. Jan. 18, 2016
Structure Michigan Compiled Laws
Chapter 750 - Michigan Penal Code
Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568)
328-1931-IX - Chapter IX Animals (750.49...750.70a)
Section 750.51 - Animals; Confining on Railroad Cars.
Section 750.52 - Repealed. 2015, Act 210, Eff. Mar. 14, 2016.
Section 750.53 - Arrest of Persons; Seizure of Animals.
Section 750.54 - Search Warrants.
Section 750.55 - Incorporated Society; Representative Deputy Sheriff.
Section 750.57 - Burial of Dead Animals.
Section 750.58 - Horses; Unhitching and Driving Away.
Section 750.59 - Repealed. 2018, Act 286, Imd. Eff. June 29, 2018.
Section 750.60 - Horses' Tails; Docking.
Section 750.61 - Docked Horses; Registration, Bringing Into State.
Section 750.62 - Docked Horses; Registration.
Section 750.63 - Docked Horses; Unlawful Docking, Evidence.
Section 750.64 - Docked Horses; Failure to Register.
Section 750.65 - Bull; at Large on Highway or Unenclosed Land.
Section 750.67 - Domestic Animals or Fowl on Cemetery Grounds, Landing Fields, Airports.
Section 750.68 - Brand of Animals.
Section 750.69 - Rescuing Animals.