Bill Text: MI HB5294 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Crimes; crimes against minors; penalties for surveilling, photographing, or recording minors in states of undress; provide for. Amends sec. 539j of 1931 PA 328 (MCL 750.539j).
Spectrum: Partisan Bill (Democrat 30-0)
Status: (Introduced - Dead) 2019-12-11 - Bill Electronically Reproduced 12/11/2019 [HB5294 Detail]
Download: Michigan-2019-HB5294-Introduced.html
HOUSE BILL NO. 5294
December 10, 2019, Introduced by Reps. Haadsma,
Brixie, Wittenberg, Byrd, Elder, Peterson, Garrett, Cynthia Johnson, Brenda
Carter, Garza, Coleman, Hood, Witwer, Shannon, Tyrone Carter, Kennedy,
Manoogian, Whitsett, Clemente, Anthony, Gay-Dagnogo, Stone, Hope, Cambensy,
Cherry, Sowerby, Lasinski, Chirkun, Camilleri and Greig and referred to the
Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 539j (MCL 750.539j), as added by 2004 PA 155.
the people of the state of michigan enact:
Sec. 539j. (1) A person shall not do any of the following:
(a) Surveil another individual who is clad only in his or her undergarments, the unclad genitalia or buttocks of another individual, or the unclad breasts of a female individual under circumstances in which the individual would have a reasonable expectation of privacy.
(b) Photograph, or otherwise capture or record, the visual image of the undergarments worn by another individual, the unclad genitalia or buttocks of another individual, or the unclad breasts of a female individual under circumstances in which the individual would have a reasonable expectation of privacy.
(c) Distribute, disseminate, or transmit for access by any other person a recording, photograph, or visual image the person knows or has reason to know was obtained in violation of this section.
(2) A person who violates or attempts to violate this section is guilty of a crime as follows:
(a) For a violation or attempted violation of subsection (1)(a):
(i) Except as provided in subparagraph (ii) or (iii), the person is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.
(ii) If Except as provided in subparagraph (iii), if the person was previously convicted of violating or attempting to violate subsection (1)(a), the person 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.
(iii) If the individual surveilled is less than 18 years of age and the person knew or reasonably should have known that the individual surveilled is less than 18 years of age, the person is guilty of a felony punishable by imprisonment for not more than 7 years or a fine of not more than $50,000.00, or both.
(b) For Except as provided in subdivision (c), for a violation or attempted violation of subsection (1)(b) or (c), the person 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.
(c) If the violation of subsection (1)(b) or (c) involved photographing, recording, or capturing of a visual image of, or the dissemination, distribution, or transmission of a photograph, recording, or other visual image of, an individual who is less than 18 years of age and the person knew or reasonably should have known the individual is less than 18 years of age, the person is guilty of a felony punishable by imprisonment for not more than 7 years or a fine of not more than $50,000.00, or both.
(3) 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 subsection (1)(a), to (b), or (c).
(4) This section does not prohibit security monitoring in a residence if conducted by or at the direction of the owner or principal occupant of that residence unless conducted for a lewd or lascivious purpose.
(5) This section does not apply to a peace officer of this state or of the federal government, or the officer's agent, while in the performance of the officer's duties.
(6) As used in this section, "surveil" means to subject an individual to surveillance as that term is defined in section 539a.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
