Mich. Comp. Laws » Michigan Compiled Laws / Chapter 750 / Act 328 of 1931
Michigan Compiled Laws

Mich. Comp. Laws § 750.136b (2026)

Definitions; child abuse; degrees; penalties; exception; affirmative defense; enhanced sentence; "prior conviction" defined.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.136b Definitions; child abuse; degrees; penalties; exception; affirmative defense; enhanced sentence; "prior conviction" defined.

Sec. 136b.

    (1) As used in this section:

    (a) "Child" means a person who is less than 18 years of age and is not emancipated by operation of law as provided in section 4 of 1968 PA 293, MCL 722.4.

    (b) "Cruel" means brutal, inhuman, sadistic, or that which torments.

    (c) "Omission" means a willful failure to provide food, clothing, or shelter necessary for a child's welfare or willful abandonment of a child.

    (d) "Person" means a child's parent or guardian or any other person who cares for, has custody of, or has authority over a child regardless of the length of time that a child is cared for, in the custody of, or subject to the authority of that person.

    (e) "Physical harm" means any injury to a child's physical condition.

    (f) "Serious physical harm" means any physical injury to a child that seriously impairs the child's health or physical well-being, including, but not limited to, brain damage, a skull or bone fracture, subdural hemorrhage or hematoma, dislocation, sprain, internal injury, poisoning, burn or scald, or severe cut.

    (g) "Serious mental harm" means an injury to a child's mental condition or welfare that is not necessarily permanent but results in visibly demonstrable manifestations of a substantial disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.

    (2) A person is guilty of child abuse in the first degree if the person knowingly or intentionally causes serious physical harm or serious mental harm to a child. Child abuse in the first degree is a felony punishable by imprisonment for life or any term of years.

    (3) A person is guilty of child abuse in the second degree if any of the following apply:

    (a) The person's omission causes serious physical harm or serious mental harm to a child or if the person's reckless act causes serious physical harm or serious mental harm to a child.

    (b) The person knowingly or intentionally commits an act likely to cause serious physical or mental harm to a child regardless of whether harm results.

    (c) The person knowingly or intentionally commits an act that is cruel to a child regardless of whether harm results.

    (d) The person or a licensee, as licensee is defined in section 1 of 1973 PA 116, MCL 722.111, violates section 15(2) of 1973 PA 116, MCL 722.125.

    (4) Child abuse in the second degree is a felony punishable by imprisonment as follows:

    (a) For a first offense, not more than 10 years.

    (b) For an offense following a prior conviction, not more than 20 years.

    (5) A person is guilty of child abuse in the third degree if any of the following apply:

    (a) The person knowingly or intentionally causes physical harm to a child.

    (b) The person knowingly or intentionally commits an act that under the circumstances poses an unreasonable risk of harm or injury to a child, and the act results in physical harm to a child.

    (6) Child abuse in the third degree is a felony punishable by imprisonment as follows:

    (a) For a first offense, not more than 2 years.

    (b) For an offense following a prior conviction, not more than 5 years.

    (7) A person is guilty of child abuse in the fourth degree if any of the following apply:

    (a) The person's omission or reckless act causes physical harm to a child.

    (b) The person knowingly or intentionally commits an act that under the circumstances poses an unreasonable risk of harm or injury to a child, regardless of whether physical harm results.

    (8) Child abuse in the fourth degree is a crime punishable as follows:

    (a) For a first offense, a misdemeanor punishable by imprisonment for not more than 1 year.

    (b) For an offense following a prior conviction, a felony punishable by imprisonment for not more than 2 years.

    (9) This section does not prohibit a parent or guardian, or other person permitted by law or authorized by the parent or guardian, from taking steps to reasonably discipline a child, including the use of reasonable force.

    (10) It is an affirmative defense to a prosecution under this section that the defendant's conduct involving the child was a reasonable response to an act of domestic violence in light of all the facts and circumstances known to the defendant at that time. The defendant has the burden of establishing the affirmative defense by a preponderance of the evidence. As used in this subsection, "domestic violence" means that term as defined in section 1 of 1978 PA 389, MCL 400.1501.

    (11) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant's prior conviction or convictions must be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:

    (a) A copy of the judgment of conviction.

    (b) A transcript of a prior trial, plea-taking, or sentencing.

    (c) Information contained in a presentence report.

    (d) The defendant's statement.

    (12) As used in this section, "prior conviction" means a violation of this section or a violation of a law of another state substantially corresponding to this section.

    

    

History: Add. 1988, Act 251, Eff. Sept. 1, 1988 ;-- Am. 1999, Act 273, Eff. Apr. 3, 2000 ;-- Am. 2008, Act 577, Eff. Apr. 1, 2009 ;-- Am. 2012, Act 194, Eff. July 1, 2012 ;-- Am. 2016, Act 488, Eff. Apr. 6, 2017 ;-- Am. 2020, Act 49, Eff. June 1, 2020

Compiler's Notes:

    Section 4 of Act 251 of 1988 provides: “All proceedings pending and liabilities existing at the time this amendatory act takes effect are saved and may be prosecuted according to the law in force when they are commenced pursuant to section 4a of chapter 1 of the Revised Statutes of 1846, being section 8.4a of the Michigan Compiled Laws.”

    Enacting section 1 of Act 194 of 2012 provides:

    "Enacting section 1. This amendatory act shall be known and may be cited as "Dominick's Law"."

Notes of Decisions
Cited in 333 cases (120 in the last 5 years), 1989–2026 · leading case: People of Michigan v. Anthony Ray McFarlane Jr, 926 N.W.2d 339 (Mich. Ct. App. 2018).
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People of Michigan v. Anthony Ray McFarlane Jr, 926 N.W.2d 339 (Mich. Ct. App. 2018). · cites it 8× “The fact that the offense of first-degree child abuse applies to children, see MCL 750.136b(1)(a), does not mean that the trial court may not consider the victim's youth for purposes of scoring OV 10; it should unless the Legislature provided otherwise.”
People v. Jones, 894 N.W.2d 723 (Mich. Ct. App. 2016). · cites it 29× “136b(1)(d) (“ ‘Person’ means a child’s parent or guardian or any other person who cares for, has custody of, or has authority over a child regardless of the length of time that a child is cared for, in the custody of, or subject to the authority of that person.”
People of Michigan v. Kimberly Anitra Murphy, 910 N.W.2d 374 (Mich. Ct. App. 2017). · cites it 19× “We note that under the facts presented to the jury, Murphy could not have been convicted of second-degree child abuse on an omission theory because the statute defines "omission" as "a willful failure to provide food, clothing, or shelter necessary for a child's welfare or…”
People v. Maynor, 683 N.W.2d 565 (Mich. 2004). · cites it 17× “knowingly or intentionally causes serious *568 physical or serious mental harm to a child'), MCL 750.136b(2), or whether it is also necessary to instruct the jury regarding `specific intent.”
People v. Maynor, 662 N.W.2d 468 (Mich. Ct. App. 2003). · cites it 20× “[62] MCL 750.136b; see also People v. Kelley, supra, 176 Mich.”
People v. Burks, 864 N.W.2d 580 (Mich. Ct. App. 2014). · cites it 35× “Defendant was sentenced to 50 to 180 months in prison on the first-degree child abuse conviction. We find that while the trial court erred by refusing to instruct the jury regarding second-degree child abuse, MCL 750.”
People v. Nix, 836 N.W.2d 224 (Mich. Ct. App. 2013). · cites it 5× “Defendant also asserts that his convictions should not stand in light of the tiered format of MCL 750.136b. Defendant complains that third-degree child abuse carries a lesser penalty than second-degree but requires the prosecutor to prove that an actual injury occurred, while no…”
People v. Lane, 862 N.W.2d 446 (Mich. Ct. App. 2014). · cites it 3× “We conclude that Lane has not shown that the prosecutor committed misconduct and that Lane has not established the factual predicate of his claim of ineffective assistance of counsel.”
People of Michigan v. Christopher Duran Head, 917 N.W.2d 752 (Mich. Ct. App. 2018). · cites it 2× “321, second-degree child abuse, MCL 750.136b(3), felon in possession of a firearm, MCL 750.”
People v. Ambrose, 895 N.W.2d 198 (Mich. Ct. App. 2016). · cites it 4× “, slip op at 4; see also MCL 750.136b(1)(a). The issue in Jones was thus whether a fetus is included in the definitions of “person” found in the Penal Code and Code of Criminal Procedure, which, for the reasons we -5- Further, even if we were to assume that the trial court erred…”
People v. Stevens, 869 N.W.2d 233 (Mich. 2015). · cites it 2× “316(l)(b), and first-degree child abuse, MCL 750.136b(2), in connection with Kian’s death.”
People v. Martzke, 651 N.W.2d 490 (Mich. Ct. App. 2002). · cites it 3× “Defendant, a day-care provider, was charged with child abuse in the first degree, MCL 750.136b(2). The prosecution sought to introduce evidence of suspicious injuries that appeared on two other infants and one toddler while in defendant’s care.”
Show all 333 citing cases →
— Mich. Comp. Laws § 750.136b(1)(a) — 15 cases
People v. Jones, 894 N.W.2d 723 (Mich. Ct. App. 2016). “136b(1)(d) (“ ‘Person’ means a child’s parent or guardian or any other person who cares for, has custody of, or has authority over a child regardless of the length of time that a child is cared for, in the custody of, or subject to the authority of that person.”
People of Michigan v. Anthony Ray McFarlane Jr, 926 N.W.2d 339 (Mich. Ct. App. 2018). “The fact that the offense of first-degree child abuse applies to children, see MCL 750.136b(1)(a), does not mean that the trial court may not consider the victim's youth for purposes of scoring OV 10; it should unless the Legislature provided otherwise.”
People v. Ambrose, 895 N.W.2d 198 (Mich. Ct. App. 2016). “, slip op at 4; see also MCL 750.136b(1)(a). The issue in Jones was thus whether a fetus is included in the definitions of “person” found in the Penal Code and Code of Criminal Procedure, which, for the reasons we -5- Further, even if we were to assume that the trial court erred…”
People v. Gould, 570 N.W.2d 140 (Mich. Ct. App. 1997).
People of Michigan v. Daniel Ray Bean (Mich. 2021).
— Mich. Comp. Laws § 750.136b(1)(b) — 4 cases
People v. Todd, 492 N.W.2d 521 (Mich. Ct. App. 1992).
People of Michigan v. Jacob Daniel McKay (Mich. Ct. App. 2018).
People of Michigan v. Jacob Daniel McKay (Mich. Ct. App. 2018).
People of Michigan v. Dean Allen Sleik (Mich. Ct. App. 2026).
— Mich. Comp. Laws § 750.136b(1)(c) — 18 cases
People of Michigan v. Kimberly Anitra Murphy, 910 N.W.2d 374 (Mich. Ct. App. 2017). “We note that under the facts presented to the jury, Murphy could not have been convicted of second-degree child abuse on an omission theory because the statute defines "omission" as "a willful failure to provide food, clothing, or shelter necessary for a child's welfare or…”
People v. Daoust, 577 N.W.2d 179 (Mich. Ct. App. 1998).
People v. Gould, 570 N.W.2d 140 (Mich. Ct. App. 1997).
People of Michigan v. Dane Richard Krukowski (Mich. Ct. App. 2019).
People of Michigan v. Rhianna Nichole Bryant (Mich. Ct. App. 2022).
— Mich. Comp. Laws § 750.136b(1)(d) — 18 cases
People v. Jones, 894 N.W.2d 723 (Mich. Ct. App. 2016). “136b(1)(d) (“ ‘Person’ means a child’s parent or guardian or any other person who cares for, has custody of, or has authority over a child regardless of the length of time that a child is cared for, in the custody of, or subject to the authority of that person.”
People of Michigan v. Kimberly Anitra Murphy, 910 N.W.2d 374 (Mich. Ct. App. 2017). “We note that under the facts presented to the jury, Murphy could not have been convicted of second-degree child abuse on an omission theory because the statute defines "omission" as "a willful failure to provide food, clothing, or shelter necessary for a child's welfare or…”
People v. Gregg, 520 N.W.2d 690 (Mich. Ct. App. 1994).
People v. SCHIEDA, 676 N.W.2d 625 (Mich. 2004).
People of Michigan v. Daniel Ray Bean (Mich. 2021).
— Mich. Comp. Laws § 750.136b(1)(e) — 13 cases
People of Michigan v. Anita Diane Lawhorn (Mich. Ct. App. 2017).
People of Michigan v. Anita Diane Lawhorn (Mich. Ct. App. 2017).
People of Michigan v. Rachel Fluegge (Mich. Ct. App. 2016).
People of Michigan v. Latoya Sharese Powels (Mich. Ct. App. 2019).
People of Michigan v. Andrew Oakley Jr III (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 750.136b(1)(f) — 35 cases
People of Michigan v. Anthony Ray McFarlane Jr, 926 N.W.2d 339 (Mich. Ct. App. 2018). “The fact that the offense of first-degree child abuse applies to children, see MCL 750.136b(1)(a), does not mean that the trial court may not consider the victim's youth for purposes of scoring OV 10; it should unless the Legislature provided otherwise.”
People of Michigan v. Anthony Ray McFarlane Jr (Mich. Ct. App. 2018).
People of Michigan v. Jerry Ray Wooster (Mich. Ct. App. 2017).
People of Michigan v. Hilery Noel Maison (Mich. Ct. App. 2017).
People of Michigan v. Hilery Noel Maison (Mich. Ct. App. 2017).
— Mich. Comp. Laws § 750.136b(1)(g) — 7 cases
People of Michigan v. Jean-Claude Toviave (Mich. Ct. App. 2016).
People of Michigan v. Victor Asa-Allen Smith (Mich. Ct. App. 2017).
People of Michigan v. Victor Asa-Allen Smith (Mich. Ct. App. 2017).
People of Michigan v. Jacob Daniel McKay (Mich. Ct. App. 2018).
People of Michigan v. Jacob Daniel McKay (Mich. Ct. App. 2018).
— Mich. Comp. Laws § 750.136b(2) — 163 cases
People of Michigan v. Anthony Ray McFarlane Jr, 926 N.W.2d 339 (Mich. Ct. App. 2018). “The fact that the offense of first-degree child abuse applies to children, see MCL 750.136b(1)(a), does not mean that the trial court may not consider the victim's youth for purposes of scoring OV 10; it should unless the Legislature provided otherwise.”
People v. Maynor, 683 N.W.2d 565 (Mich. 2004). “knowingly or intentionally causes serious *568 physical or serious mental harm to a child'), MCL 750.136b(2), or whether it is also necessary to instruct the jury regarding `specific intent.”
People v. Jones, 894 N.W.2d 723 (Mich. Ct. App. 2016). “136b(1)(d) (“ ‘Person’ means a child’s parent or guardian or any other person who cares for, has custody of, or has authority over a child regardless of the length of time that a child is cared for, in the custody of, or subject to the authority of that person.”
People v. Maynor, 662 N.W.2d 468 (Mich. Ct. App. 2003). “[62] MCL 750.136b; see also People v. Kelley, supra, 176 Mich.”
People v. Lane, 862 N.W.2d 446 (Mich. Ct. App. 2014). “We conclude that Lane has not shown that the prosecutor committed misconduct and that Lane has not established the factual predicate of his claim of ineffective assistance of counsel.”
— Mich. Comp. Laws § 750.136b(3) — 109 cases
People of Michigan v. Christopher Duran Head, 917 N.W.2d 752 (Mich. Ct. App. 2018). “321, second-degree child abuse, MCL 750.136b(3), felon in possession of a firearm, MCL 750.”
People v. Rao, 815 N.W.2d 105 (Mich. 2012).
People v. Jones, 894 N.W.2d 723 (Mich. Ct. App. 2016). “136b(1)(d) (“ ‘Person’ means a child’s parent or guardian or any other person who cares for, has custody of, or has authority over a child regardless of the length of time that a child is cared for, in the custody of, or subject to the authority of that person.”
People of Michigan v. Kimberly Anitra Murphy, 910 N.W.2d 374 (Mich. Ct. App. 2017). “We note that under the facts presented to the jury, Murphy could not have been convicted of second-degree child abuse on an omission theory because the statute defines "omission" as "a willful failure to provide food, clothing, or shelter necessary for a child's welfare or…”
People v. Maynor, 683 N.W.2d 565 (Mich. 2004). “knowingly or intentionally causes serious *568 physical or serious mental harm to a child'), MCL 750.136b(2), or whether it is also necessary to instruct the jury regarding `specific intent.”
— Mich. Comp. Laws § 750.136b(3)(a) — 17 cases
People of Michigan v. Kimberly Anitra Murphy, 910 N.W.2d 374 (Mich. Ct. App. 2017). “We note that under the facts presented to the jury, Murphy could not have been convicted of second-degree child abuse on an omission theory because the statute defines "omission" as "a willful failure to provide food, clothing, or shelter necessary for a child's welfare or…”
People v. Burks, 864 N.W.2d 580 (Mich. Ct. App. 2014). “Defendant was sentenced to 50 to 180 months in prison on the first-degree child abuse conviction. We find that while the trial court erred by refusing to instruct the jury regarding second-degree child abuse, MCL 750.”
People of Michigan v. Samantha Renee Eubanks (Mich. Ct. App. 2020).
People of Michigan v. Dane Richard Krukowski (Mich. Ct. App. 2019).
People of Michigan v. Rhianna Nichole Bryant (Mich. Ct. App. 2022).
— Mich. Comp. Laws § 750.136b(3)(b) — 32 cases
People v. Nix, 836 N.W.2d 224 (Mich. Ct. App. 2013). “Defendant also asserts that his convictions should not stand in light of the tiered format of MCL 750.136b. Defendant complains that third-degree child abuse carries a lesser penalty than second-degree but requires the prosecutor to prove that an actual injury occurred, while no…”
People v. Burks, 864 N.W.2d 580 (Mich. Ct. App. 2014). “Defendant was sentenced to 50 to 180 months in prison on the first-degree child abuse conviction. We find that while the trial court erred by refusing to instruct the jury regarding second-degree child abuse, MCL 750.”
People v. Maynor, 662 N.W.2d 468 (Mich. Ct. App. 2003). “[62] MCL 750.136b; see also People v. Kelley, supra, 176 Mich.”
People v. Burks, 873 N.W.2d 101 (Mich. 2016).
People v. Cameron, 671 N.W.2d 737 (Mich. 2003).
— Mich. Comp. Laws § 750.136b(3)(c) — 5 cases
People of Michigan v. Kimberly Anitra Murphy, 910 N.W.2d 374 (Mich. Ct. App. 2017). “We note that under the facts presented to the jury, Murphy could not have been convicted of second-degree child abuse on an omission theory because the statute defines "omission" as "a willful failure to provide food, clothing, or shelter necessary for a child's welfare or…”
People of Michigan v. Dean Allen Sleik (Mich. Ct. App. 2026).
People of Michigan v. Brad Edward Fields (Mich. Ct. App. 2020).
People of Michigan v. Stephen Mark Johnson (Mich. Ct. App. 2024).
People of Michigan v. Blake Kevin Stover (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 750.136b(4) — 6 cases
People v. Maynor, 662 N.W.2d 468 (Mich. Ct. App. 2003). “[62] MCL 750.136b; see also People v. Kelley, supra, 176 Mich.”
People v. Todd, 492 N.W.2d 521 (Mich. Ct. App. 1992).
People of Michigan v. Stephen Matthew Butka (Mich. 2024).
People of Michigan v. Daniel Ray Bean (Mich. 2021).
People of Michigan v. Elva Clairene McClure (Mich. Ct. App. 2024).
— Mich. Comp. Laws § 750.136b(4)(a) — 1 case
People of Michigan v. Richard Anthony Page (Mich. Ct. App. 2021).
— Mich. Comp. Laws § 750.136b(4)(b) — 2 cases
People of Michigan v. Jacob Daniel McKay (Mich. Ct. App. 2018).
People of Michigan v. Jacob Daniel McKay (Mich. Ct. App. 2018).
— Mich. Comp. Laws § 750.136b(5) — 43 cases
People of Michigan v. Kimberly Anitra Murphy, 910 N.W.2d 374 (Mich. Ct. App. 2017). “We note that under the facts presented to the jury, Murphy could not have been convicted of second-degree child abuse on an omission theory because the statute defines "omission" as "a willful failure to provide food, clothing, or shelter necessary for a child's welfare or…”
People v. Gregg, 520 N.W.2d 690 (Mich. Ct. App. 1994).
People v. Sherman-Huffman, 615 N.W.2d 776 (Mich. Ct. App. 2000).
People v. Lee, 803 N.W.2d 165 (Mich. 2011).
People v. Sherman-Huffman, 642 N.W.2d 339 (Mich. 2002).
— Mich. Comp. Laws § 750.136b(5)(a) — 9 cases
People of Michigan v. Rommel Morshed (Mich. Ct. App. 2026).
People of Michigan v. Victoria Joan Foster (Mich. Ct. App. 2017).
People of Michigan v. Victoria Joan Foster (Mich. Ct. App. 2017).
in Re a P Hatchett Conner Minor (Mich. Ct. App. 2018).
in Re a P Hatchett Conner Minor (Mich. Ct. App. 2018).
— Mich. Comp. Laws § 750.136b(5)(b) — 2 cases
People of Michigan v. Lana Lee Kennedy (Mich. Ct. App. 2019).
People of Michigan v. Rachel Fluegge (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 750.136b(6) — 5 cases
People v. Gregg, 520 N.W.2d 690 (Mich. Ct. App. 1994).
People of Michigan v. Rachel Fluegge (Mich. Ct. App. 2016).
People of Michigan v. Stephen Matthew Butka (Mich. Ct. App. 2022).
People of Michigan v. Kyle Richard Beauchemin (Mich. Ct. App. 2022).
People of Michigan v. Yolanda Marie Washington (Mich. Ct. App. 2024).
— Mich. Comp. Laws § 750.136b(7) — 32 cases
People of Michigan v. Kimberly Anitra Murphy, 910 N.W.2d 374 (Mich. Ct. App. 2017). “We note that under the facts presented to the jury, Murphy could not have been convicted of second-degree child abuse on an omission theory because the statute defines "omission" as "a willful failure to provide food, clothing, or shelter necessary for a child's welfare or…”
People v. Sherman-Huffman, 642 N.W.2d 339 (Mich. 2002).
People v. Mack, 825 N.W.2d 541 (Mich. 2012).
People v. Sherman-Huffman, 615 N.W.2d 776 (Mich. Ct. App. 2000).
People of Michigan v. Latoya Sharese Powels (Mich. Ct. App. 2019).
— Mich. Comp. Laws § 750.136b(7)(a) — 2 cases
People of Michigan v. Joshua Robert Witkowski (Mich. Ct. App. 2016).
People of Michigan v. Amanda Faye Trosper (Mich. Ct. App. 2024).
— Mich. Comp. Laws § 750.136b(7)(b) — 5 cases
People of Michigan v. Amanda Faye Trosper (Mich. Ct. App. 2024).
People of Michigan v. John Pierre Velten (Mich. Ct. App. 2015).
People of Michigan v. Victoria Joan Foster (Mich. Ct. App. 2017).
People of Michigan v. Victoria Joan Foster (Mich. Ct. App. 2017).
People of Michigan v. Jason Loy Vannortrick (Mich. Ct. App. 2021).
— Mich. Comp. Laws § 750.136b(7)(c) — 2 cases
People of Michigan v. Victoria Joan Foster (Mich. Ct. App. 2017).
People of Michigan v. Victoria Joan Foster (Mich. Ct. App. 2017).
— Mich. Comp. Laws § 750.136b(8) — 2 cases
In Re Burke Minors (Mich. Ct. App. 2023).
Ryan Matthew Langley v. Genie Lynn Langley (Mich. Ct. App. 2025).
— Mich. Comp. Laws § 750.136b(9) — 15 cases
People of Michigan v. Yolanda Marie Washington (Mich. Ct. App. 2024).
People of Michigan v. Jumaane Amunra Jones (Mich. Ct. App. 2024).
People of Michigan v. Rachel Fluegge (Mich. Ct. App. 2016).
People of Michigan v. Megan Marie Ipema (Mich. Ct. App. 2020).
In Re Tracy E. Green, Judge (Mich. 2023).
— Mich. Comp. Laws § 750.136b(a) — 1 case
People of Michigan v. Kimberly Anitra Murphy, 910 N.W.2d 374 (Mich. Ct. App. 2017). “We note that under the facts presented to the jury, Murphy could not have been convicted of second-degree child abuse on an omission theory because the statute defines "omission" as "a willful failure to provide food, clothing, or shelter necessary for a child's welfare or…”
— Mich. Comp. Laws § 750.136b(c) — 1 case
People of Michigan v. Kimberly Anitra Murphy, 910 N.W.2d 374 (Mich. Ct. App. 2017). “We note that under the facts presented to the jury, Murphy could not have been convicted of second-degree child abuse on an omission theory because the statute defines "omission" as "a willful failure to provide food, clothing, or shelter necessary for a child's welfare or…”
— Mich. Comp. Laws § 750.136b(e) — 1 case
People of Michigan v. Lana Lee Kennedy (Mich. Ct. App. 2019).
— Mich. Comp. Laws § 750.136b(f) — 1 case
In Re bell/benson Minors (Mich. Ct. App. 2022).
— Mich. Comp. Laws § 750.136b(l)(a) — 2 cases
People v. Jones, 894 N.W.2d 723 (Mich. Ct. App. 2016). “136b(1)(d) (“ ‘Person’ means a child’s parent or guardian or any other person who cares for, has custody of, or has authority over a child regardless of the length of time that a child is cared for, in the custody of, or subject to the authority of that person.”
People v. Ambrose, 895 N.W.2d 198 (Mich. Ct. App. 2016). “, slip op at 4; see also MCL 750.136b(1)(a). The issue in Jones was thus whether a fetus is included in the definitions of “person” found in the Penal Code and Code of Criminal Procedure, which, for the reasons we -5- Further, even if we were to assume that the trial court erred…”
— Mich. Comp. Laws § 750.136b(l)(c) — 1 case
People v. Daoust, 577 N.W.2d 179 (Mich. Ct. App. 1998).
— Mich. Comp. Laws § 750.136b(l)(d) — 1 case
People v. Jones, 894 N.W.2d 723 (Mich. Ct. App. 2016). “136b(1)(d) (“ ‘Person’ means a child’s parent or guardian or any other person who cares for, has custody of, or has authority over a child regardless of the length of time that a child is cared for, in the custody of, or subject to the authority of that person.”
— Mich. Comp. Laws § 750.136b(l)(f) — 1 case
People v. Lane, 862 N.W.2d 446 (Mich. Ct. App. 2014). “We conclude that Lane has not shown that the prosecutor committed misconduct and that Lane has not established the factual predicate of his claim of ineffective assistance of counsel.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.