HB-4802, As Passed Senate, January 29, 2004
June 3, 2003, Introduced by Rep. Koetje and referred to the Committee on Criminal Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 540c (MCL 750.540c), as amended by 2002 PA
672.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 540c. (1) A person shall not assemble, develop,
2 manufacture, possess,
deliver, offer to deliver, or advertise an
3 unlawful
telecommunications access device or assemble, develop,
4 manufacture, possess,
deliver, offer to deliver, or advertise a
5 telecommunications
device intending to use those devices or to
6 allow the devices to
be used to do any of the following or
7 knowing or having
reason to know that the devices are intended to
8 be used to do or use any type telecommunications access device
9 with the intent to defraud by doing, but not limited to, any of
10 the following:
1 (a) Obtain or attempt to obtain a telecommunications service
2 with the intent to
avoid or aid or abet or cause another person
3 to avoid any lawful
charge for the telecommunications service in
4 violation of section 219a.
5 (b) Conceal the existence or place of origin or destination
6 of any telecommunications service.
7 (c) To receive, disrupt, decrypt, transmit, retransmit,
8 acquire, or
intercept , or facilitate the receipt, disruption,
9 decryption,
transmission, retransmission, acquisition, or
10 interception of any telecommunications service without the
11 express authority or
actual consent of the telecommunications
12 service provider.
13 (2) A person shall not modify, alter, program, or reprogram a
14 telecommunications access
device for the purposes described in
15 to commit an act prohibited under subsection (1).
16 (3) A person shall
not deliver , offer to deliver, or
17 advertise plans, written instructions, or materials for the
18 manufacture, assembly, or development of an unlawful
19 telecommunications access
device. or for the manufacture,
20 assembly, or
development of a telecommunications access device
21 that the person
intends to be used or knows or has reason to know
22 will be used or is
likely to be used to violate subsection (1).
23 As used in this subsection, "materials" includes any hardware,
24 cables, tools, data, computer software, or other information or
25 equipment used or intended for use in the manufacture, assembly,
26 or development of an
unlawful telecommunications access device
27 or any type of a telecommunications access
device.
1 (4) A person who violates subsection (1), (2), or (3) is
2 guilty of a felony punishable by imprisonment for not more than 4
3 years or a fine of not
more than $2,000.00, or both. All fines
4 shall be imposed for
each unlawful telecommunications access
5 device or
telecommunications access device involved in the
6 offense. Each unlawful telecommunications access device or
7 telecommunications access device is considered a separate
8 violation.
9 (5) This section does not prohibit or restrict the possession
10 of radio receivers or transceivers by licensees of the federal
11 communications commission in the amateur radio service that are
12 intended primarily or exclusively for use in the amateur radio
13 service.
14 (6) Any unlawful telecommunications access device involved in
15 violation of this section is subject to forfeiture in the same
16 manner as provided in sections 4701 to 4709 of the revised
17 judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709,
18 and the court may order either of the following:
19 (a) The unlawful
telecommunications access device be
20 destroyed Destroyed or retained as provided under
section 540d.
21 (b) The unlawful
telecommunications access device be
22 returned Returned to the telecommunications service
provider if
23 the device is owned or controlled by the provider or disposed of
24 as provided under section 540d.
25 (7) The court shall order a person convicted of violating
26 subsection (1), (2), or (3) to make restitution in accordance
27 with section 1a of the code of criminal procedure, 1927 PA 175,
1 MCL 769.1a.
2 (8) A violation of subsection (1), (2), or (3) is considered
3 to have occurred at the place where the person manufactures,
4 assembles, develops, or
designs an unlawful telecommunications
5 access device or any type of telecommunications access device,
6 or the places where the unlawful
telecommunications access
7 device or
telecommunications access device is
sold or delivered
8 to another person.
9 (9) As used in this
section and sections 540d, 540f , and
10 540g:
11 (a) "Deliver" means to actually or constructively sell, give,
12 loan, lease, or otherwise transfer a telecommunications access
13 device, unlawful telecommunications access device, and plans,
14 written instructions, or materials concerning the devices to
15 another person.
16 (b) "Telecommunications access device" shall have the same
17 meaning as in section 219a.
18 (c) "Telecommunications service" shall have the same meaning
19 as in section 219a.
20 (d) "Telecommunications service provider" shall have the same
21 meaning as in section 219a.
22 (e) "Telecommunications system" shall have the same meaning
23 as in section 219a.
24 (f) "Unlawful telecommunications access device" shall have
25 the same meaning as in section 219a.