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SB-0463, As Passed Senate, September 7, 2005

SENATE SUBSTITUTE FOR HOUSE SUBSTITUTE FOR

SENATE BILL NO. 463

A bill to amend 1978 PA 33, entitled

"An act to prohibit the dissemination, exhibiting, or displaying of

certain sexually explicit matter to minors; to prohibit certain

misrepresentations facilitating the dissemination of sexually

explicit matter to minors; to provide penalties; to provide for

declaratory judgments and injunctive relief in certain instances;

to impose certain duties upon prosecuting attorneys and the circuit

court; to preempt local units of government from proscribing

certain conduct; and to repeal certain acts and parts of acts,"

by amending section 3 (MCL 722.673), as amended by 2003 PA 192.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 3. As used in this ~~act~~ part:

(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.

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) ~~(a)~~ "Sexually explicit matter" means sexually explicit

visual material, sexually explicit verbal material, or sexually

explicit performance.

(g) ~~(b)~~ "Sexually explicit performance" means a motion

picture, video game, exhibition, show, representation, or other

presentation that, in whole or in part, depicts nudity, sexual

excitement, erotic fondling, sexual intercourse, or sadomasochistic

abuse.

(h) ~~(c)~~ "Sexually explicit verbal material" means a book,

pamphlet, magazine, printed matter reproduced in any manner, or

sound recording that contains an explicit and detailed verbal

description or narrative account of sexual excitement, erotic

fondling, sexual intercourse, or sadomasochistic abuse.

(i) ~~(d)~~ "Sexually explicit visual material" means a picture,

photograph, drawing, sculpture, motion picture film, video game, or

similar visual representation that depicts nudity, sexual

excitement, erotic fondling, sexual intercourse, or sadomasochistic

abuse, or a book, magazine, or pamphlet that contains such a visual

representation. An undeveloped photograph, mold, or similar visual

material may be sexually explicit material notwithstanding that

processing or other acts may be required to make its sexually

explicit content apparent.

(j) "Video game" means an object or device that stores

recorded data or instructions generated by a person who uses it,

and by processing the data or instructions creates an interactive

game capable of being played, viewed, or experienced on or through

a computer, gaming system, game console, or other technology.

Enacting section 1. This amendatory act takes effect December

1, 2005.

Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

(a) Senate Bill No. 416.

(b) House Bill No. 4702.