Bill Text: MI HB5129 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Crimes; computer; using a computer or the internet to commit a crime; modify provision in the penal code. Amends sec. 145d of 1931 PA 328 (MCL 750.145d).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-10-18 - Bill Electronically Reproduced 10/17/2017 [HB5129 Detail]
Download: Michigan-2017-HB5129-Introduced.html
HOUSE BILL No. 5129
October 17, 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,"
by amending section 145d (MCL 750.145d), as amended by 2012 PA 353.
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).committing,
attempting to commit, conspiring to commit, or soliciting another
person to commit conduct proscribed under the penal laws of this
state.
(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 computer game device or a cellular telephone,
personal digital assistant (PDA), or other handheld device.
(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
the communications act of 1934, 47 USC 230.
(g)
"Minor" means an individual who is less than 18 years of
age.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
