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

Mich. Comp. Laws § 750.136d (2026)

Violation of MCL 750.136b in presence of child other than victim; penalty; laws arising out of same transaction.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.136d Violation of MCL 750.136b in presence of child other than victim; penalty; laws arising out of same transaction.

Sec. 136d.

    (1) A person who violates section 136b in the presence of a child other than the child who is the victim of the violation is guilty of a felony punishable as follows:

    (a) If the person violates section 136b(2) in the presence of another child, by imprisonment for life or any term of years.

    (b) Except as provided in subdivision (c), if the person violates section 136b(4) in the presence of another child, by imprisonment for not more than 10 years.

    (c) If the person violates section 136b(4) in the presence of another child on a second or subsequent occasion, by imprisonment for not more than 20 years.

    (d) If the person violates section 136b(6) in the presence of another child, by imprisonment for not more than 2 years.

    (2) A charge and conviction under this section do not prohibit a person from being charged with, convicted of, or sentenced for any other violation of law arising out of the same transaction as the violation of this section.

History: Add. 2012, Act 194, Eff. July 1, 2012

Compiler's Notes:

    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 6 cases (3 in the last 5 years), 2017–2026 · leading case: People of Michigan v. Nicholas Lee Trackwell (Mich. Ct. App. 2026).
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People of Michigan v. Jerry Ray Wooster (Mich. Ct. App. 2017). · cites it 2× “According to the evidence introduced at trial, defendant physically abused his teenage daughter over a three day period in July of 2015.”
People of Michigan v. Nicholas Lee Trackwell (Mich. Ct. App. 2026). · cites it 2× “Defendant was charged and found guilty of third-degree child abuse in the presence of another minor under MCL 750.136d(1)(D). “[T]he third-degree child abuse statute prohibits a person from knowingly or intentionally causing harm or damage to the state of a child’s body or…”
People of Michigan v. Joshua Robert Demott (Mich. Ct. App. 2017). “Because there are no errors warranting relief, we affirm. I.”
People of Michigan v. Joshua Robert Demott (Mich. Ct. App. 2017). “Because there are no errors warranting relief, we affirm. I.”
People of Michigan v. Gwendolyn Josephine Alexander (Mich. Ct. App. 2024). “136b(3), one count of second-degree child abuse in the presence of another child, MCL 750.136d(1)(b), and one count of third-degree child abuse, MCL 750.”
People of Michigan v. James Jay Harbert (Mich. Ct. App. 2026). “Defendant and his ex-wife operated a show dog and dog kennel business in their basement.”
— Mich. Comp. Laws § 750.136d(1)(D) — 1 case
People of Michigan v. Nicholas Lee Trackwell (Mich. Ct. App. 2026). “Defendant was charged and found guilty of third-degree child abuse in the presence of another minor under MCL 750.136d(1)(D). “[T]he third-degree child abuse statute prohibits a person from knowingly or intentionally causing harm or damage to the state of a child’s body or…”
— Mich. Comp. Laws § 750.136d(1)(a) — 4 cases
People of Michigan v. Jerry Ray Wooster (Mich. Ct. App. 2017). “According to the evidence introduced at trial, defendant physically abused his teenage daughter over a three day period in July of 2015.”
People of Michigan v. Joshua Robert Demott (Mich. Ct. App. 2017). “Because there are no errors warranting relief, we affirm. I.”
People of Michigan v. Joshua Robert Demott (Mich. Ct. App. 2017). “Because there are no errors warranting relief, we affirm. I.”
People of Michigan v. James Jay Harbert (Mich. Ct. App. 2026). “Defendant and his ex-wife operated a show dog and dog kennel business in their basement.”
— Mich. Comp. Laws § 750.136d(1)(b) — 1 case
People of Michigan v. Gwendolyn Josephine Alexander (Mich. Ct. App. 2024). “136b(3), one count of second-degree child abuse in the presence of another child, MCL 750.136d(1)(b), and one count of third-degree child abuse, MCL 750.”
— Mich. Comp. Laws § 750.136d(1)(d) — 1 case
People of Michigan v. Nicholas Lee Trackwell (Mich. Ct. App. 2026). “Defendant was charged and found guilty of third-degree child abuse in the presence of another minor under MCL 750.136d(1)(D). “[T]he third-degree child abuse statute prohibits a person from knowingly or intentionally causing harm or damage to the state of a child’s body or…”
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