HOUSE BILL No. 4204 February 13, 2001, Introduced by Reps. Schermesser, Bovin, O'Neil, Plakas, Wojno, Jacobs, Anderson, Dennis, Hale, Gieleghem, Schauer and Spade and referred to the Committee on Criminal Justice. A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 145d (MCL 750.145d), as amended by 2000 PA 185. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 145d. (1) A person shall not use the internet or a 2 computer, computer program, computer network, or computer system 3 to communicate with any person for the purpose of doing any of 4 the following: 5 (a) Committing, attempting to commit, conspiring to commit, 6 or soliciting another person to commit conduct proscribed under 7 section 145a, 145c, 157c, 349, 350, 520b, 520c, 520d, 520e, or 8 520g, or section 5 of 1978 PA 33, MCL 722.675, in which the 9 victim or intended victim is a minor or is believed by that 10 person to be a minor. 00895'01 TVD 2 1 (b) Committing, attempting to commit, conspiring to commit, 2 or soliciting another person to commit conduct proscribed under 3 section 411h or 411i. 4 (c) Committing, attempting to commit, conspiring to commit, 5 or soliciting another person to commit conduct proscribed under 6 chapter XXXIII or section 327, 327a, 328, or 411a(2). 7 (D) THREATENING TO KILL OR PHYSICALLY INJURE ANOTHER 8 PERSON. 9 (E) THREATENING TO DAMAGE THE PROPERTY OF ANOTHER PERSON OR 10 OTHERWISE INTENTIONALLY HARASSING, INTIMIDATING, OR FRIGHTENING 11 ANOTHER PERSON. 12 (2) A person who violates this section is guilty of a crime 13 as follows: 14 (a) If the underlying crime is a misdemeanor or a felony 15 with a maximum term of imprisonment of less than 1 year, the 16 person is guilty of a misdemeanor punishable by imprisonment for 17 not more than 1 year or a fine of not more than $5,000.00, or 18 both. 19 (b) If the underlying crime is a misdemeanor or a felony 20 with a maximum term of imprisonment of 1 year or more but less 21 than 2 years, the person is guilty of a felony punishable by 22 imprisonment for not more than 2 years or a fine of not more than 23 $5,000.00, or both. 24 (c) If THE VIOLATION IS A VIOLATION OF SUBSECTION (1)(D) OR 25 the underlying crime is a misdemeanor or a felony with a maximum 26 term of imprisonment of 2 years or more but less than 4 years, 27 the person is guilty of a felony punishable by imprisonment for 00895'01 3 1 not more than 4 years or a fine of not more than $5,000.00, or 2 both. 3 (d) If the underlying crime is a felony with a maximum term 4 of imprisonment of 4 years or more but less than 10 years, the 5 person is guilty of a felony punishable by imprisonment for not 6 more than 10 years or a fine of not more than $5,000.00, or 7 both. 8 (e) If the underlying crime is a felony punishable by a max- 9 imum term of imprisonment of 10 years or more but less than 15 10 years, the person is guilty of a felony punishable by imprison- 11 ment for not more than 15 years or a fine of not more than 12 $10,000.00, or both. 13 (f) If the underlying crime is a felony punishable by a max- 14 imum term of imprisonment of 15 years or more or for life, the 15 person is guilty of a felony punishable by imprisonment for not 16 more than 20 years or a fine of not more than $20,000.00, or 17 both. 18 (G) EXCEPT AS PROVIDED IN SUBDIVISION (H), A PERSON WHO VIO- 19 LATES SUBSECTION (1)(E) IS GUILTY OF A MISDEMEANOR PUNISHABLE BY 20 IMPRISONMENT FOR NOT MORE THAN 6 MONTHS OR A FINE OF NOT MORE 21 THAN $500.00, OR BOTH. 22 (H) A PERSON WHO VIOLATES SUBSECTION (1)(E) AND WHO HAS 1 OR 23 MORE PRIOR CONVICTIONS IS GUILTY OF A MISDEMEANOR PUNISHABLE BY 24 IMPRISONMENT FOR NOT MORE THAN 1 YEAR OR A FINE OF NOT MORE THAN 25 $1,000.00, OR BOTH. 00895'01 4 1 (3) The court may order that a term of imprisonment imposed 2 under this section be served consecutively to any term of 3 imprisonment imposed for conviction of the underlying offense. 4 (4) This section does not prohibit a person from being 5 charged with, convicted of, or punished for any other violation 6 of law committed by that person while violating or attempting to 7 violate this section, including the underlying offense. 8 (5) This section applies regardless of whether the person is 9 convicted of committing, attempting to commit, conspiring to 10 commit, or soliciting another person to commit the underlying 11 offense. 12 (6) A violation or attempted violation of this section 13 occurs if the communication originates in this state, is intended 14 to terminate in this state, or is intended to terminate with a 15 person who is in this state. 16 (7) A violation or attempted violation of this section may 17 be prosecuted in any jurisdiction in which the communication 18 originated or terminated. 19 (8) The court may order a person convicted of violating this 20 section to reimburse this state or a local unit of government of 21 this state for expenses incurred in relation to the violation in 22 the same manner that expenses may be ordered to be reimbursed 23 under section 1f of chapter IX of the code of criminal procedure, 24 1927 PA 175, MCL 769.1f. 25 (9) As used in this section: 26 (a) "Computer" means any connected, directly interoperable 27 or interactive device, equipment, or facility that uses a 00895'01 5 1 computer program or other instructions to perform specific 2 operations including logical, arithmetic, or memory functions 3 with or on computer data or a computer program and that can 4 store, retrieve, alter, or communicate the results of the opera- 5 tions to a person, computer program, computer, computer system, 6 or computer network. 7 (b) "Computer network" means the interconnection of hardwire 8 or wireless communication lines with a computer through remote 9 terminals, or a complex consisting of 2 or more interconnected 10 computers. 11 (c) "Computer program" means a series of internal or exter- 12 nal instructions communicated in a form acceptable to a computer 13 that directs the functioning of a computer, computer system, or 14 computer network in a manner designed to provide or produce pro- 15 ducts or results from the computer, computer system, or computer 16 network. 17 (d) "Computer system" means a set of related, connected or 18 unconnected, computer equipment, devices, software, or hardware. 19 (e) "Device" includes, but is not limited to, an electronic, 20 magnetic, electrochemical, biochemical, hydraulic, optical, or 21 organic object that performs input, output, or storage functions 22 by the manipulation of electronic, magnetic, or other impulses. 23 (f) "Internet" means that term as defined in section 230 of 24 title II of the communications act of 1934, chapter 652, 110 25 Stat. 137, 47 U.S.C. 230. 26 (g) "Minor" means an individual who is less than 18 years of 27 age. 00895'01 Final page.