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    Current Michigan House Bill: HB 5284 of 2012
    House Bill Crimes; computer; definition of computer; expand to include certain electronic communication devices.
    Amends sec. 145d of 1931 PA 328 (MCL 750.145d).



HOUSE BILL No. 5284

    January 25, 2012, Introduced by Rep. Walsh and referred to the Committee on Judiciary.

    A bill to amend 1931 PA 328, entitled

    "The Michigan penal code,"

    by amending section 145d (MCL 750.145d), as amended by 2000 PA 185.


    THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

        Sec. 145d. (1) A person shall not use the internet or a

    computer, computer program, computer network, or computer system to

    communicate with any person for the purpose of doing any of the

    following:

        (a) Committing, attempting to commit, conspiring to commit, or

    soliciting another person to commit conduct proscribed under

    section 145a, 145c, 157c, 349, 350, 520b, 520c, 520d, 520e, or

    520g, or section 5 of 1978 PA 33, MCL 722.675, in which the victim

    or intended victim is a minor or is believed by that person to be a

    minor.

        (b) Committing, attempting to commit, conspiring to commit, or

    soliciting another person to commit conduct proscribed under

    section 411h or 411i.

        (c) Committing, attempting to commit, conspiring to commit, or

    soliciting another person to commit conduct proscribed under

    chapter XXXIII or section 327, 327a, 328, or 411a(2).

        (2) A person who violates this section is guilty of a crime as

    follows:

        (a) If the underlying crime is a misdemeanor or a felony with

    a maximum term of imprisonment of less than 1 year, the person is

    guilty of a misdemeanor punishable by imprisonment for not more

    than 1 year or a fine of not more than $5,000.00, or both.

        (b) If the underlying crime is a misdemeanor or a felony with

    a maximum term of imprisonment of 1 year or more but less than 2

    years, the person is guilty of a felony punishable by imprisonment

    for not more than 2 years or a fine of not more than $5,000.00, or

    both.

        (c) If the underlying crime is a misdemeanor or a felony with

    a maximum term of imprisonment of 2 years or more but less than 4

    years, the person is guilty of a felony punishable by imprisonment

    for not more than 4 years or a fine of not more than $5,000.00, or

    both.

        (d) If the underlying crime is a felony with a maximum term of

    imprisonment of 4 years or more but less than 10 years, the person

    is guilty of a felony punishable by imprisonment for not more than

    10 years or a fine of not more than $5,000.00, or both.

        (e) If the underlying crime is a felony punishable by a

    maximum term of imprisonment of 10 years or more but less than 15

    years, 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.

        (f) If the underlying crime is a felony punishable by a

    maximum term of imprisonment of 15 years or more or for life, the

    person is guilty of a felony punishable by imprisonment for not

    more than 20 years or a fine of not more than $20,000.00, or both.

        (3) The court may order that a term of imprisonment imposed

    under this section be served consecutively to any term of

    imprisonment imposed for conviction of the underlying offense.

        (4) This section does not prohibit a person from being charged

    with, convicted of, or punished for any other violation of law

    committed by that person while violating or attempting to violate

    this section, including the underlying offense.

        (5) This section applies regardless of whether the person is

    convicted of committing, attempting to commit, conspiring to

    commit, or soliciting another person to commit the underlying

    offense.

        (6) A violation or attempted violation of this section occurs

    if the communication originates in this state, is intended to

    terminate in this state, or is intended to terminate with a person

    who is in this state.

        (7) A violation or attempted violation of this section may be

    prosecuted in any jurisdiction in which the communication

    originated or terminated.

        (8) The court may order a person convicted of violating this


    section to reimburse this state or a local unit of government of

    this state for expenses incurred in relation to the violation in

    the same manner that expenses may be ordered to be reimbursed under

    section 1f of chapter IX of the code of criminal procedure, 1927 PA

    175, MCL 769.1f.

        (9) As used in this section:

        (a) "Computer" means any connected, directly interoperable or

    interactive device, equipment, or facility that uses a computer

    program or other instructions to perform specific operations

    including logical, arithmetic, or memory functions with or on

    computer data or a computer program and that can store, retrieve,

    alter, or communicate the results of the operations to a person,

    computer program, computer, computer system, or computer network.

    COMPUTER INCLUDES A CELLULAR TELEPHONE, PERSONAL DIGITAL ASSISTANT

    (PDA), OR OTHER HANDHELD DEVICE WHILE BEING USED TO TRANSMIT OR

    RECEIVE DATA OVER THE INTERNET.

        (b) "Computer network" means the interconnection of hardwire

    or wireless communication lines with a computer through remote

    terminals, or a complex consisting of 2 or more interconnected

    computers.

        (c) "Computer program" means a series of internal or external

    instructions communicated in a form acceptable to a computer that

    directs the functioning of a computer, computer system, or computer

    network in a manner designed to provide or produce products or

    results from the computer, computer system, or computer network.

        (d) "Computer system" means a set of related, connected or

    unconnected, computer equipment, devices, software, or hardware.

        (e) "Device" includes, but is not limited to, an electronic,

    magnetic, electrochemical, biochemical, hydraulic, optical, or

    organic object that performs input, output, or storage functions by

    the manipulation of electronic, magnetic, or other impulses.

        (f) "Internet" means that term as defined in section 230 of

    title II of the communications act of 1934, chapter 652, 110 Stat.

    137, 47 U.S.C. USC 230.

        (g) "Minor" means an individual who is less than 18 years of age.
    Internet Safety For Life. Com
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