DANGEROUS ANIMALS
Act 426 of 1988
287.323 Owner guilty of involuntary manslaughter, felony, or misdemeanor; penalty; costs.
Sec. 3.
(1) The owner of an animal that meets the definition of a dangerous animal in section 1(a) that causes the death of a person is guilty of involuntary manslaughter, punishable under section 321 of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being section 750.321 of the Michigan Compiled Laws.
(2) If an animal that meets the definition of a dangerous animal in section 1(a) attacks a person and causes serious injury other than death, the owner of the animal is guilty of a felony, punishable by imprisonment for not more than 4 years, a fine of not less than $2,000.00, or community service work for not less than 500 hours, or any combination of these penalties.
(3) If an animal previously adjudicated to be a dangerous animal attacks or bites a person and causes an injury that is not a serious injury, the owner of the animal is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, a fine of not less than $250.00 nor more than $500.00, or community service work for not less than 240 hours, or any combination of these penalties.
(4) If the owner of an animal that is previously adjudicated to be a dangerous animal allows the animal to run at large, the owner is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, a fine of not less than $250.00 nor more than $500.00, or community service work for not less than 240 hours, or any combination of these penalties.
(5) The court may order a person convicted under this section to pay the costs of the prosecution.
History: 1988, Act 426, Eff. Mar. 30, 1989
Notes of Decisions
Cited in
12
cases (
4 in the last 5 years), 1995–2025 · leading case:
People v. Janes, 836 N.W.2d 883 (Mich. Ct. App. 2013).
People v. Janes, 836 N.W.2d 883 (Mich. Ct. App. 2013).
· cites it 32× “323(2), which penalizes the owner of a dangerous animal that causes a serious injury: If an animal that meets the definition of a dangerous animal in [MCL 287.”
People v. Trotter, 530 N.W.2d 516 (Mich. Ct. App. 1995).
· cites it 6× “Defendant pleaded nolo contendere to a charge of involuntary manslaughter under the dangerous animals act, MCL 287.323(1); MSA 12.545(23)(1), and was sentenced to thirty-six months’ probation.”
People of Michigan v. Debra Olney (Mich. Ct. App. 2017).
· cites it 6× “323(2), which provides as follows: If an animal that meets the definition of a dangerous animal in [MCL 287.”
People of Michigan v. Debra Olney (Mich. Ct. App. 2017).
· cites it 6× “323(2), which provides as follows: If an animal that meets the definition of a dangerous animal in [MCL 287.”
People of Michigan v. Geneke Antonio Lyons (Mich. Ct. App. 2018).
· cites it 3× “317, involuntary manslaughter, and owning a dangerous animal causing death, MCL 287.323(1). The trial court granted defendant’s motion for a directed verdict on the charge of second-degree murder.”
People of Michigan v. Geneke Antonio Lyons (Mich. Ct. App. 2018).
· cites it 3× “317, involuntary manslaughter, and owning a dangerous animal causing death, MCL 287.323(1). The trial court granted defendant’s motion for a directed verdict on the charge of second-degree murder.”
People of Michigan v. Robert Arthur Johnson Jr (Mich. Ct. App. 2020).
“323 lacked specific language setting forth a mens rea requirement, the Legislature implicitly required notice that an animal was dangerous before the animal’s owner could be held criminally liable for harm caused by the animal).”
Crandall v. Newaygo, Cnty. of (W.D. Mich. 2023).
“Laws § 287.323 (4) that “a dog must first be determined to be a ‘dangerous animal’ before a second finding that the ‘dangerous animal’ then causes serious injury or death to another dog,” (Compl.”
Jeffrey Minor v. City of Sylvan Lake (Mich. Ct. App. 2014).
“Indeed, the term “allow,” as used in § 10-69, would suggest that criminal liability does not arise unless the owner intentionally permitted his or her dog to stray off the property or had knowledge that the dog was straying and did nothing.”
— Mich. Comp. Laws § 287.323(1) — 4 cases
People v. Janes, 836 N.W.2d 883 (Mich. Ct. App. 2013).
“323(2), which penalizes the owner of a dangerous animal that causes a serious injury: If an animal that meets the definition of a dangerous animal in [MCL 287.”
People v. Trotter, 530 N.W.2d 516 (Mich. Ct. App. 1995).
“Defendant pleaded nolo contendere to a charge of involuntary manslaughter under the dangerous animals act, MCL 287.323(1); MSA 12.545(23)(1), and was sentenced to thirty-six months’ probation.”
People of Michigan v. Geneke Antonio Lyons (Mich. Ct. App. 2018).
“317, involuntary manslaughter, and owning a dangerous animal causing death, MCL 287.323(1). The trial court granted defendant’s motion for a directed verdict on the charge of second-degree murder.”
People of Michigan v. Geneke Antonio Lyons (Mich. Ct. App. 2018).
“317, involuntary manslaughter, and owning a dangerous animal causing death, MCL 287.323(1). The trial court granted defendant’s motion for a directed verdict on the charge of second-degree murder.”
— Mich. Comp. Laws § 287.323(2) — 3 cases
People v. Janes, 836 N.W.2d 883 (Mich. Ct. App. 2013).
“323(2), which penalizes the owner of a dangerous animal that causes a serious injury: If an animal that meets the definition of a dangerous animal in [MCL 287.”
People of Michigan v. Debra Olney (Mich. Ct. App. 2017).
“323(2), which provides as follows: If an animal that meets the definition of a dangerous animal in [MCL 287.”
People of Michigan v. Debra Olney (Mich. Ct. App. 2017).
“323(2), which provides as follows: If an animal that meets the definition of a dangerous animal in [MCL 287.”
— Mich. Comp. Laws § 287.323(3) — 1 case
People v. Janes, 836 N.W.2d 883 (Mich. Ct. App. 2013).
“323(2), which penalizes the owner of a dangerous animal that causes a serious injury: If an animal that meets the definition of a dangerous animal in [MCL 287.”
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