MI Comp L § 750.50a (2021)
2021 Michigan Compiled Laws|Chapter 750 - Michigan Penal Code|Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568)|328-1931-IX - Chapter IX Animals (750.49...750.70a)|Section 750.50a - Service Animal; Prohibited Conduct by Individual; Violation as Misdemeanor; Rebuttable Presumption That Conduct Initiated or Continued Maliciously; Conviction or Sentence Under Other Applicable Law; Definitions.

750.50a Service animal; prohibited conduct by individual; violation as misdemeanor; rebuttable presumption that conduct initiated or continued maliciously; conviction or sentence under other applicable law; definitions.Sec. 50a.  (1) An individual shall not do either of the following:  (a) Willfully and maliciously assault, beat, harass, injure, or attempt to assault, beat, harass, or injure a service animal that he or she knows or has reason to believe is a service animal used by a person with a disability.  (b) Willfully and maliciously impede or interfere with, or attempt to impede or interfere with, duties performed by a service animal that he or she knows or has reason to believe is a service animal used by a person with a disability.  (2) An individual who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.  (3) In a prosecution for a violation of subsection (1), evidence that the defendant initiated or continued conduct directed toward a service animal described in subsection (1) after being requested to avoid or discontinue that conduct or similar conduct by a person with a disability being served or assisted by the service animal shall give rise to a rebuttable presumption that the conduct was initiated or continued maliciously.  (4) A conviction and imposition of a sentence under this section does not prevent a conviction and imposition of a sentence under any other applicable provision of law.  (5) As used in this section:  (a) "Harass" means to engage in any conduct directed toward a service animal described in subsection (1) that is likely to impede or interfere with the service animal's performance of its duties or that places the person with a disability being served or assisted by the service animal in danger of injury.  (b) "Injure" means to cause any physical injury to a service animal described in subsection (1).  (c) "Maliciously" means any of the following:  (i) With intent to assault, beat, harass, or injure a service animal described in subsection (1).  (ii) With intent to impede or interfere with duties performed by a service animal described in subsection (1).  (iii) With intent to disturb, endanger, or cause emotional distress to a person with a disability being served or assisted by a service animal described in subsection (1).  (iv) With knowledge that the individual's conduct will or is likely to harass or injure a service animal described in subsection (1).  (v) With knowledge that the individual's conduct will or is likely to impede or interfere with duties performed by a service animal described in subsection (1).  (vi) With knowledge that the individual's conduct will or is likely to disturb, endanger, or cause emotional distress to a person with a disability being served or assisted by a service animal described in subsection (1).  (d) "Person with a disability" means a person who has a disability as defined in section 12102 of the Americans with disabilities act of 1990, 42 USC 12102, and 28 CFR 36.104.  (e) As used in subdivision (d), "person with a disability" includes a veteran who has been diagnosed with 1 or more of the following:  (i) Post-traumatic stress disorder.  (ii) Traumatic brain injury.  (iii) Other service-related disabilities.  (f) "Service animal" means all of the following:  (i) That term as defined in 28 CFR 36.104.  (ii) A miniature horse that has been individually trained to do work or perform tasks as described in 28 CFR 36.104 for the benefit of a person with a disability.  (g) "Veteran" means any of the following:  (i) A person who performed military service in the armed forces for a period of more than 90 days and separated from the armed forces in a manner other than a dishonorable discharge.  (ii) A person discharged or released from military service because of a service-related disability.  (iii) A member of a reserve branch of the armed forces at the time he or she was ordered to military service during a period of war, or in a campaign or expedition for which a campaign badge is authorized, and was released from military service in a manner other than a dishonorable discharge. History: Add. 1994, Act 42, Eff. June 1, 1994 ;-- Am. 2015, Act 144, Eff. Jan. 18, 2016