Bill Text: MI HB5017 | 2017-2018 | 99th Legislature | Engrossed
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-Engrossed.html
HB-5017, As Passed Senate, December 13, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 5017
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) is guilty of a
misdemeanor punishable by imprisonment for not more than 93 days or
a fine of not more than $500.00, or both.
(3) A person who violates subsection (1), and who has a prior
conviction for a violation of subsection (1), 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.
(4) A person who violates subsection (1) in a manner that
involves a continued pattern of harassing or intimidating behavior
and by that violation causes serious injury to the victim is guilty
of a felony punishable by imprisonment for not more than 5 years or
a fine of not more than $5,000.00, or both. As used in this
subsection, "serious injury" means permanent, serious
disfigurement, serious impairment of health, or serious impairment
of a bodily function of a person.
(5) A person who violates subsection (1) in a manner that
involves a continued pattern of harassing or intimidating behavior
and by that violation causes the death of the victim is guilty of a
felony punishable by imprisonment for not more than 10 years or a
fine of not more than $10,000.00, or both.
(6) As used in this section:
(a) "Cyberbully" includes posting a message or statement in a
public media forum about any other person if both of the following
apply:
(i) The message or statement is intended to place a person in
fear of bodily harm or death and expresses an intent to commit
violence against the person.
(ii) The message or statement is posted with the intent to
communicate a threat or with knowledge that it will be viewed as a
threat.
(b) "Pattern of harassing or intimidating behavior" means a
series of 2 or more separate noncontinuous acts of harassing or
intimidating behavior.
(c) "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.
