THE MICHIGAN PENAL CODE
Act 328 of 1931
750.136 Labia majora or labia minor or clitoris; surgical procedure prohibited; exceptions; violation as felony; penalty; violation of law arising from same transaction.
Sec. 136.
(1) A person shall not knowingly circumcise, excise, or infibulate the whole or any part of the labia majora or labia minora or clitoris of another person who is less than 18 years of age.
(2) A surgical operation is not a violation of this section if the operation is either of the following:
(a) Necessary to the health of the person on whom it is performed and is performed by a person licensed to perform that operation under the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.
(b) Performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed to perform that operation under the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.
(3) A person shall not knowingly facilitate a violation of subsection (1).
(4) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 15 years.
(5) It is not a defense to prosecution under this section that the person on whom the operation is performed, or any other person, believes that the operation is required as a matter of custom or ritual, or that the person on whom the operation is performed, or that person's parent or guardian, consented to the operation.
(6) A violation of this section by a person licensed under the public health code, 1978 PA 368, MCL 333.1101 to 333.25211, is grounds for permanent revocation of that license.
(7) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law arising out of the same transaction as the violation of this section.
History: Add. 2017, Act 68, Eff. Oct. 9, 2017 ;-- Add. 2017, Act 70, Eff. Oct. 9, 2017
Compiler's Notes:
Former MCL 750.136, which pertained to cruelty of children, was repealed by Act 251 of 1988, Eff. Sept. 1, 1988.
Notes of Decisions
Cited in
48
cases (
10 in the last 5 years), 1964–2026 · leading case:
People v. Maynor, 662 N.W.2d 468 (Mich. Ct. App. 2003).
People v. Maynor, 662 N.W.2d 468 (Mich. Ct. App. 2003).
· cites it 6× “[50] MCL 750.136 (emphasis added). [51] MCL 750.”
People v. Jones, 894 N.W.2d 723 (Mich. Ct. App. 2016).
· cites it 2× “136b(1)(a); MCL 750.136(1)(d); MCL 750.10; MCL 761.1(a).”
People v. Ogg, 182 N.W.2d 570 (Mich. Ct. App. 1970).
· cites it 10× “553) and child cruelty under MCLA § 750.136 (Stat Ann 1962 Rev § 28.331).”
People v. Jackson, 364 N.W.2d 310 (Mich. Ct. App. 1985).
· cites it 3× “553, and child cruelty, MCL 750.136; MSA 28.331, after a bench trial.”
People v. Hicks, 386 N.W.2d 657 (Mich. Ct. App. 1986).
· cites it 4× “Defendant David Hicks was charged with two counts of cruelty to children, MCL 750.136; MSA 28.331, and with being a second felony offender, MCL 769.”
People v. Lorentzen, 194 N.W.2d 827 (Mich. 1972).
· cites it 2× “[18] MCLA 750.136; MSA 28.331. MCLA 750.503; MSA 28.”
People v. Sharbnow, 435 N.W.2d 772 (Mich. Ct. App. 1989).
· cites it 2× “788(2), and one count of child cruelty, MCL 750.136; MSA 28.331. Defendant was sentenced to seven concurrent thirty- to fifty-year prison terms for the esc *97 convictions and a concurrent term of twenty-six to forty-eight months imprisonment for the child cruelty conviction.”
People v. Schneff, 219 N.W.2d 47 (Mich. 1974).
· cites it 4× “On June 18, 1971, defendant-appellee Gene Edward Schneff pleaded guilty to a two count information charging cruelty to children, MCLA 750.136; MSA 28.331, arising out of the deaths of his 27-day-old son and daughter.”
People v. Alderete, 347 N.W.2d 229 (Mich. Ct. App. 1984).
· cites it 2× “Following a jury trial, defendant was convicted of cruelty to children, MCL 750.136; MSA 28.331, and was sentenced to five years probation with the first year to be served in the Detroit House of Correction.”
People v. Kelley, 439 N.W.2d 315 (Mich. Ct. App. 1989).
· cites it 6× “" The Webb Court also believed that the distinction between child cruelty, MCL 750.136; MSA 28.331, and child torture "is not the defendant's motive, but, rather, the degree of severity of the injury inflicted.”
People v. Biegajski, 332 N.W.2d 413 (Mich. Ct. App. 1982).
· cites it 2× “788(2)(1), cruelty to a child, in violation of MCL 750.136; MSA 28.331, and torture of a child, in violation of MCL 750.”
People v. Webb, 341 N.W.2d 191 (Mich. Ct. App. 1983).
· cites it 2× “Defendants were charged jointly with two counts of child cruelty, MCL 750.136; MSA 28.331, for their treatment of defendant Webb’s two children, Trevor and Derek, and one count of torturing a child, MCL 750.”
— Mich. Comp. Laws § 750.136(1) — 1 case
— Mich. Comp. Laws § 750.136(1)(a) — 2 cases
— Mich. Comp. Laws § 750.136(1)(b) — 3 cases
— Mich. Comp. Laws § 750.136(1)(d) — 2 cases
People v. Jones, 894 N.W.2d 723 (Mich. Ct. App. 2016).
“136b(1)(a); MCL 750.136(1)(d); MCL 750.10; MCL 761.1(a).”
— Mich. Comp. Laws § 750.136(3)(b) — 1 case
— Mich. Comp. Laws § 750.136(b)(2) — 3 cases
— Mich. Comp. Laws § 750.136(b)(3) — 1 case
— Mich. Comp. Laws § 750.136(b)(5) — 1 case
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.