SB-0924, As Passed Senate, June 4, 2014

SUBSTITUTE FOR

SENATE BILL NO. 924

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

(MCL 750.1 to 750.568) by adding section 145e.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 145e. (1) A person shall not do either of the following:

     (a) Post on the internet any sexually explicit photograph,

drawing, or other visual image of another person with the intent to

frighten, intimidate, or harass any person.

     (b) Having posted on the internet any sexually explicit

photograph, drawing, or other visual image of another person,

regardless of whether the posting was with the intent to frighten,

intimidate, or harass any person, refuse or otherwise fail to

remove that explicit photograph, drawing, or other visual image

from the internet upon the written request of that other person.

This subdivision applies regardless of whether the other person

consented to the posting of that photograph, drawing, or other

visual image unless that other person knew or had reason to know

the photograph, drawing, or other visual image was sexually

explicit and signed a release knowingly allowing that photograph,

drawing, or other visual image to be posted on the internet by that

person.

     (2) Subsection (1) does not apply to an interactive computer

service as that term is defined in 47 USC 230, or to an information

service or telecommunications service as those terms are defined in

47 USC 153, for content that is provided by another person.

     (3) It is an affirmative defense in a prosecution for a

violation of subsection (1) that the person took all reasonable

steps to have the photograph, drawing, or other visual image

removed from the internet immediately upon the written request of

that other person under subsection (1)(b).

     (4) As used in this section, "sexually explicit" means

displaying a person's genitalia or anus or, if the person is a

female, her nipples or areola.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 925 of the 97th Legislature is enacted into

law.