MI HB5985

Increases penalties for child abuse in the third degree from a maximum of 2 years imprisonment to a tiered system: not more than 2 years for a first offense and not more than 5 years for a second or subsequent offense.

Modifies penalties for child abuse in the fourth degree to distinguish between first and subsequent offenses: a misdemeanor punishable by not more than 1 year for a first offense, and a felony punishable by not more than 2 years for a second or subsequent offense.

Maintains existing definitions and elements of child abuse offenses including first degree (serious physical or mental harm), second degree (omission, reckless act, or cruel conduct causing or likely to cause serious harm), third degree (knowingly causing physical harm), and fourth degree (omission or reckless act causing physical harm).

Preserves existing affirmative defenses including the right to reasonable discipline with reasonable force and a defense for conduct that is a reasonable response to domestic violence.