SB-0463, As Passed Senate, May 12, 2005
(As amended, May 11, 2005)
May 5, 2005, Introduced by Senators VAN WOERKOM and CROPSEY and referred to the Committee on Judiciary.
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.
(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) (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,
Senate Bill No. 463 as amended May 11 and 12, 2005
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 a computer or other << >> device
or computer program that stores or receives data or instructions
generated by a person using the device or program, and by
processing the data or instructions, creates an interactive game
capable of being played, viewed, or otherwise experienced by an
individual.
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. 249.
(b) Senate Bill No. 416.
(c) Senate Bill No. 464.
(d) House Bill No. 4702.
(e) House Bill No. 4703.>>