Bill Text: MI HB5017 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Crimes; other; cyberbullying; prohibit, and provide penalties. Amends 1931 PA 328 (MCL 750.568) by adding sec. 411x.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-28 - Assigned Pa 457'18 With Immediate Effect [HB5017 Detail]
Download: Michigan-2017-HB5017-Introduced.html
HOUSE BILL No. 5017
September 27, 2017, Introduced by Rep. Lucido and referred to the Committee on Law and Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by adding section 411x.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 411x. (1) A person shall not cyberbully another person.
(2) A person who violates subsection (1) and by that violation
causes the victim to suffer from an assault or an assault and
battery by the violator or any other person is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or
a fine of not more than $1,000.00, or both.
(3) A person who violates subsection (1) and by that violation
causes the death of the victim, regardless of whether the violator
physically caused the death of the victim or the victim's death was
due to the suicide of the victim as a result of the violation of
subsection (1) or was caused by another person as a result of the
violation of subsection (1), is guilty of a felony punishable by
imprisonment for not more than 20 years or a fine of not more than
$5,000.00, or both.
(4) As used in this section:
(a) "Cyberbully" includes all of the following prohibited
activities:
(i) Posting a message or statement in a public media forum
about any other person if all of the following apply:
(A) The message or statement is false or intentionally
misleading.
(B) A reasonable person would find the statement or message to
be damaging to the character or reputation of another person.
(C) The message or statement is posted with the intent to
intimidate, frighten, or harass any other person or to cause
emotional distress.
(ii) Posting a message or statement in a public media forum
about any other person if both of the following apply:
(A) The person making the posting intentionally conceals his
or her identity in order to mislead any other person into believing
that the message was posted by another person or to maintain
anonymity.
(B) The message or statement is posted with the intent to
intimidate, frighten, or harass any other person or to cause
emotional distress.
(iii) Posting a message or statement in a public media forum
urging, recommending, or soliciting another person to injure or
kill himself or herself, or urging another person to injure or kill
the person the posting was made about, if any of the following
apply:
(A) The message or statement is posted with the intent to
cause the other person to injure or kill himself or herself or is
posted under circumstances or in such a manner that a reasonable
person would know that the other person may injure or kill himself
or herself.
(B) The message or statement is posted with the intent to
cause another person to injure or kill the person about whom the
post was made or is posted under circumstances or in such a manner
that a reasonable person would know that another person may injure
or kill the person about whom the post was made.
(C) The message or statement is posted with the intent to
intimidate, frighten, or harass any other person or to cause
emotional distress.
(b) "Public media forum" means the internet or any other
medium designed or intended to be used to convey information to
other individuals, regardless of whether a membership or password
is required to view the information.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
