August 21, 2007, Introduced by Reps. Robertson and LaJoy and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 540e (MCL 750.540e), as amended by 2002 PA 577.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
540e. (1) A person is guilty of a misdemeanor who
maliciously
uses shall not use any service provided by a
telecommunications
service provider with intent to terrorize,
frighten, intimidate, threaten, harass, molest, or annoy another
person, or to disturb the peace and quiet of another person by
doing any of the following:
(a) Threatening physical harm or damage to any person or
property in the course of a conversation or message through the use
of a telecommunications service or telecommunications device.
(b) Falsely and deliberately reporting by message through the
use of a telecommunications service or telecommunications device
that a person has been injured, has suddenly taken ill, has
suffered death, or has been the victim of a crime or an accident.
(c) Deliberately refusing or failing to disengage a connection
between a telecommunications device and another telecommunications
device or between a telecommunications device and other equipment
provided for the transmission of messages through the use of a
telecommunications service or telecommunications device.
(d) Using vulgar, indecent, obscene, or offensive language or
suggesting any lewd or lascivious act in the course of a
conversation or message through the use of a telecommunications
service or telecommunications device.
(e) Repeatedly initiating a telephone call and, without
speaking, deliberately hanging up or breaking the telephone
connection as or after the telephone call is answered.
(f) Making an unsolicited commercial telephone call that is
received between the hours of 9 p.m. and 9 a.m. For the purpose of
this subdivision, "an unsolicited commercial telephone call" means
a call made by a person or recording device, on behalf of a person,
corporation, or other entity, soliciting business or contributions.
(g) Deliberately engaging or causing to engage the use of a
telecommunications service or telecommunications device of another
person in a repetitive manner that causes interruption in
telecommunications service or prevents the person from utilizing
his or her telecommunications service or telecommunications device.
(2)
A person violating who
violates this section may be
imprisoned
is guilty of a crime as
follows:
(a) For a violation of subdivision (1)(a), (c), (d), (e), (f),
or (g), the person is guilty of a misdemeanor punishable by
imprisonment
for not more than 6 months or fined a fine of not more
than $1,000.00, or both.
(b) For a violation of subdivision (1)(b), the person is
guilty of a felony punishable by imprisonment for not more than 4
years or a fine of not more than $5,000.00, or both.
(3) An offense is committed under this section if the
communication either originates or terminates in this state and may
be prosecuted at the place of origination or termination.
(4) (3)
As used in this section, "telecommunications",
"telecommunications
service" , and
"telecommunications device" mean
those terms as defined in section 540c.