Section 750.411t - Hazing prohibited; violation; penalty; exceptions; certain defenses barred; definitions; section title.
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
750.411t Hazing prohibited; violation; penalty; exceptions; certain defenses barred; definitions; section title.
Sec. 411t.
(1) Except as provided in subsection (4), a person who attends, is employed by, or is a volunteer of an educational institution shall not engage in or participate in the hazing of an individual.
(2) A person who violates subsection (1) is guilty of a crime punishable as follows:
(a) If the violation results in physical injury, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $1,000.00, or both.
(b) If the violation results in serious impairment of a body function, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500.00, or both.
(c) If the violation results in death, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.
(3) A criminal penalty provided for under this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct.
(4) This section does not apply to an individual who is the subject of the hazing, regardless of whether the individual voluntarily allowed himself or herself to be hazed.
(5) This section does not apply to an activity that is normal and customary in an athletic, physical education, military training, or similar program sanctioned by the educational institution.
(6) It is not a defense to a prosecution for a crime under this section that the individual against whom the hazing was directed consented to or acquiesced in the hazing.
(7) As used in this section:
(a) “Educational institution” means a public or private school that is a middle school, junior high school, high school, vocational school, college, or university located in this state.
(b) “Hazing” means an intentional, knowing, or reckless act by a person acting alone or acting with others that is directed against an individual and that the person knew or should have known endangers the physical health or safety of the individual, and that is done for the purpose of pledging, being initiated into, affiliating with, participating in, holding office in, or maintaining membership in any organization. Subject to subsection (5), hazing includes any of the following that is done for such a purpose:
(i) Physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity.
(ii) Physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, or calisthenics, that subjects the other person to an unreasonable risk of harm or that adversely affects the physical health or safety of the individual.
(iii) Activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance that subjects the individual to an unreasonable risk of harm or that adversely affects the physical health or safety of the individual.
(iv) Activity that induces, causes, or requires an individual to perform a duty or task that involves the commission of a crime or an act of hazing.
(c) “Organization” means a fraternity, sorority, association, corporation, order, society, corps, cooperative, club, service group, social group, athletic team, or similar group whose members are primarily students at an educational institution.
(d) “Pledge” means an individual who has been accepted by, is considering an offer of membership from, or is in the process of qualifying for membership in any organization.
(e) “Pledging” means any action or activity related to becoming a member of an organization.
(f) “Serious impairment of a body function” means that term as defined in section 479a.
(8) This section shall be known and may be cited as “Garret's law”.
History: Add. 2004, Act 111, Eff. Aug. 18, 2004