HOUSE BILL No. 4278
February 11, 1997, Introduced by Reps. Gubow, Horton, Gire, Anthony, Walberg, Leland, Baade, Bogardus, Gernaat, LeTarte, Goschka and Schroer and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by adding section 411r.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 SEC. 411R. (1) A PERSON SHALL NOT INTENTIONALLY COMMIT AN
2 ACT OF PHYSICAL ABUSE, PSYCHOLOGICAL ABUSE, OR SEXUAL ABUSE
3 AGAINST OR IN THE PRESENCE OF AN INDIVIDUAL AND IN CONNECTION
4 WITH THE DISPLAY OR USE OF A SYMBOL, COSTUME, MASK, CEREMONIAL
5 OBJECT, CEREMONY, OR RITUAL.
6 (2) EXCEPT AS PROVIDED IN SUBSECTIONS (3) AND (4), A PERSON
7 WHO VIOLATES SUBSECTION (1) IS GUILTY OF A FELONY PUNISHABLE BY
8 IMPRISONMENT FOR NOT MORE THAN 15 YEARS.
9 (3) A PERSON WHO VIOLATES SUBSECTION (1) BY COMMITTING 2 OR
10 MORE ACTS OF PHYSICAL ABUSE, PSYCHOLOGICAL ABUSE, OR SEXUAL ABUSE
11 AGAINST THE SAME INDIVIDUAL IN 2 OR MORE SEPARATE INCIDENTS IS
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1 GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN
2 30 YEARS.
3 (4) IF A PERSON VIOLATES SUBSECTION (1) AND THE VIOLATION IS
4 A PROXIMATE CAUSE OF THE DEATH OF AN INDIVIDUAL, THE PERSON IS
5 GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR LIFE.
6 (5) THIS SECTION DOES NOT PROHIBIT A PROSECUTION UNDER ANY
7 OTHER APPLICABLE LAW. A CRIMINAL PENALTY UNDER THIS SECTION MAY
8 BE IMPOSED REGARDLESS OF ANY PENALTY IMPOSED FOR ANY OTHER CRIMI-
9 NAL OFFENSE ARISING OUT OF THE SAME CONDUCT OR TRANSACTION.
10 (6) THIS SECTION DOES NOT APPLY TO ANY OF THE FOLLOWING:
11 (A) LAWFUL FOOD PREPARATION PRACTICES, HUNTING OR FISHING,
12 OR ANIMAL HUSBANDRY OR AGRICULTURAL PRACTICES INCLUDING, BUT NOT
13 LIMITED TO, BRANDING OR IDENTIFICATION OF LIVESTOCK.
14 (B) THE LAWFUL PRACTICE OF CIRCUMCISION OR ANY RELATED
15 CEREMONY.
16 (C) THE SLAUGHTER OF AN ANIMAL OR THE CONSUMPTION OF ANIMAL
17 FLESH OR BLOOD IN THE COURSE OF A RELIGIOUS RITE OR SERVICE
18 UNLESS IT IS DONE WITH THE INTENT TO COMMIT AN ACT OF PHYSICAL
19 ABUSE, PSYCHOLOGICAL ABUSE, OR SEXUAL ABUSE.
20 (7) AS USED IN THIS SECTION:
21 (A) "MENTALLY DISABLED" MEANS THAT TERM AS DEFINED IN SEC-
22 TION 520A.
23 (B) "MINOR" MEANS AN INDIVIDUAL WHO IS LESS THAN 18 YEARS OF
24 AGE.
25 (C) "PHYSICAL ABUSE" MEANS INFLICTING OR CAUSING INFLICTION
26 OF OR ATTEMPTING TO INFLICT INJURY THAT IS NOT NECESSARILY
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1 PERMANENT TO AN INDIVIDUAL. PHYSICAL ABUSE INCLUDES, BUT IS NOT
2 LIMITED TO, ANY OF THE FOLLOWING:
3 (i) HITTING, KICKING, OR OTHERWISE TOUCHING OR BURNING AN
4 INDIVIDUAL, OR CAUSING AN INDIVIDUAL TO BE HIT, KICKED, OR OTHER-
5 WISE TOUCHED OR BURNED, IN A MANNER THAT CAUSES THE INDIVIDUAL
6 PAIN OR PHYSICAL DISCOMFORT, OR CAUSING AN INDIVIDUAL TO FALL.
7 (ii) WOUNDING AN INDIVIDUAL WITH A WEAPON OR AN ARTICLE USED
8 OR FASHIONED IN A MANNER TO LEAD THE INDIVIDUAL TO REASONABLY
9 BELIEVE IT IS A WEAPON.
10 (iii) PROVIDING A DRUG, INTOXICATING LIQUOR, OR HARMFUL SUB-
11 STANCE TO AN INDIVIDUAL FOR INGESTION WITHOUT THAT INDIVIDUAL'S
12 KNOWLEDGE OR CONSENT OR TO A MINOR OR AN INDIVIDUAL WHO IS MEN-
13 TALLY DISABLED FOR INGESTION REGARDLESS OF THE MINOR'S OR MEN-
14 TALLY DISABLED INDIVIDUAL'S CONSENT.
15 (iv) INTRODUCING A DRUG, INTOXICATING LIQUOR, OR HARMFUL
16 SUBSTANCE INTO AN INDIVIDUAL'S BODY WITHOUT THAT INDIVIDUAL'S
17 KNOWLEDGE OR CONSENT OR AGAINST THAT INDIVIDUAL'S WILL OR INTO
18 THE BODY OF A MINOR OR THE BODY OF AN INDIVIDUAL WHO IS MENTALLY
19 DISABLED.
20 (D) "PSYCHOLOGICAL ABUSE" MEANS INFLICTING OR CAUSING
21 INFLICTION OF OR ATTEMPTING TO INFLICT INJURY THAT IS NOT NECES-
22 SARILY PERMANENT TO AN INDIVIDUAL'S MENTAL CONDITION.
23 PSYCHOLOGICAL ABUSE INCLUDES, BUT IS NOT NECESSARILY LIMITED TO,
24 ANY OF THE FOLLOWING:
25 (i) PERFORMING AN ACT OF PHYSICAL ABUSE ON OR KILLING AN
26 INDIVIDUAL IN THE PSYCHOLOGICALLY ABUSED INDIVIDUAL'S PRESENCE,
27 THREATENING TO PERFORM AN ACT OF PHYSICAL ABUSE ON OR TO KILL AN
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1 INDIVIDUAL, OR REPRESENTING THAT AN ACT OF PHYSICAL ABUSE HAS
2 BEEN PERFORMED OR AN INDIVIDUAL HAS BEEN KILLED.
3 (ii) INJURING, MULTILATING, OR KILLING A RELATIVE OR FRIEND
4 IN THE INDIVIDUAL'S PRESENCE, THREATENING TO INJURE, MUTILATE, OR
5 KILL AN INDIVIDUAL'S RELATIVE OR FRIEND, OR REPRESENTING THAT A
6 RELATIVE OR FRIEND HAS BEEN INJURED, MUTILATED, OR KILLED.
7 (iii) INJURING, MUTILATING, OR KILLING AN ANIMAL IN AN
8 INDIVIDUAL'S PRESENCE, DISPLAYING AN INJURED, MUTILATED, OR DEAD
9 ANIMAL IN AN INDIVIDUAL'S PRESENCE, OR THREATENING TO INJURE,
10 MUTILATE, OR KILL AN ANIMAL.
11 (iv) COMPELLING, FORCING, OR CAUSING AN INDIVIDUAL TO
12 INJURE, MUTILATE, OR KILL AN ANIMAL OR INDIVIDUAL.
13 (v) THREATENING AN INDIVIDUAL WITH IMPRISONMENT OR
14 CONFINEMENT.
15 (vi) CONFINING AN INDIVIDUAL IN A COFFIN OR GRAVE OR AN
16 OBJECT OR AREA RESEMBLING A COFFIN OR A GRAVE OR REPRESENTED TO
17 BE A COFFIN OR A GRAVE.
18 (vii) CONFINING AN INDIVIDUAL IN AN UNINHABITABLE OR
19 ENCLOSED SPACE.
20 (viii) PHYSICALLY OR FORCIBLY RESTRAINING OR OTHERWISE HOLD-
21 ING AN INDIVIDUAL AGAINST HIS OR HER WILL.
22 (ix) DEPRIVING OR THREATENING TO DEPRIVE AN INDIVIDUAL FROM
23 ACCESS TO FOOD OR WATER FOR A PROLONGED OR UNREASONABLE TIME.
24 (x) DEPRIVING OR THREATENING TO DEPRIVE AN INDIVIDUAL FROM
25 ACCESS TO AVAILABLE FACILITIES FOR URINATION OR DEFECATION.
26 (xi) DEPRIVING OR THREATENING TO DEPRIVE AN INDIVIDUAL FROM
27 MEDICATION THE INDIVIDUAL NEEDS.
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1 (xii) COMPELLING, FORCING, OR CAUSING AN INDIVIDUAL TO TOUCH
2 OR BE TOUCHED BY OR CONSUME FECES, URINE, BLOOD, OR ANY OTHER
3 HUMAN OR ANIMAL BODILY FLUID OR A SUBSTANCE NOT INTENDED FOR
4 HUMAN CONSUMPTION, OR A SUBSTANCE REPRESENTED AS FECES, URINE,
5 BLOOD, OR ANY OTHER HUMAN OR ANIMAL BODILY FLUID OR A SUBSTANCE
6 NOT INTENDED FOR HUMAN CONSUMPTION.
7 (xiii) INDUCING OR ENCOURAGING AN INDIVIDUAL TO COMMIT OR
8 ATTEMPT SUICIDE AGAINST HIS OR HER WILL OR INDUCING OR ENCOURAG-
9 ING A MINOR OR INDIVIDUAL WHO IS MENTALLY DISABLED TO COMMIT OR
10 ATTEMPT SUICIDE.
11 (xiiv) INDUCING OR ENCOURAGING AN INDIVIDUAL TO INJURE OR
12 MUTILATE OR ATTEMPT TO INJURE OR MUTILATE HIS OR HER BODY.
13 (E) "SEXUAL ABUSE" MEANS AN ACT PROHIBITED BY SECTION 142,
14 143, 145A, 145C, 520B, 520C, 520D, 520E, OR 520G.
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