Bill Text: MI HB5079 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Crimes; computer; unauthorized use of internet; remove prohibition and penalty. Amends sec. 540 of 1931 PA 328 (MCL 750.540).
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2009-06-16 - Printed Bill Filed 06/12/2009 [HB5079 Detail]
Download: Michigan-2009-HB5079-Introduced.html
HOUSE BILL No. 5079
June 11, 2009, Introduced by Reps. Warren, Smith, Young, Wayne Schmidt and Miller and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 540 (MCL 750.540), as amended by 2006 PA 61.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 540. (1) A person shall not willfully and maliciously
cut, break, disconnect, interrupt, tap, or make any unauthorized
connection with any electronic medium of communication, including
the internet or a computer, computer program, computer system, or
computer network, or a telephone.
(2) A person shall not willfully and maliciously read or copy
any message from any telegraph, telephone line, wire, cable,
computer network, computer program, or computer system, or
telephone or other electronic medium of communication that the
person accessed without authorization.
(3) A person shall not willfully and maliciously make
unauthorized use of any electronic medium of communication,
including
the internet or a computer, computer program, computer
system, or computer network, or telephone.
(4) A person shall not willfully and maliciously prevent,
obstruct, or delay by any means the sending, conveyance, or
delivery of any authorized communication, by or through any
telegraph or telephone line, cable, wire, or any electronic medium
of communication, including the internet or a computer, computer
program, computer system, or computer network.
(5) A person who violates this section is guilty of a crime as
follows:
(a) Except as provided in subdivision (b), the person is
guilty of a felony punishable by imprisonment for not more than 2
years or a fine of not more than $1,000.00, or both.
(b) If the incident to be reported results in injury to or the
death of any person, the person violating this section 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.
(6) 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.
(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)
"Internet" means that term as defined in section 230 of
title
II of the communications act of
1934, 47 USC 230, and
includes voice over internet protocol services.
(7) 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.
