May 1, 2014, Introduced by Senators BIEDA, JONES, ROBERTSON, HOPGOOD, BRANDENBURG, ROCCA, KOWALL, HUNE, ANDERSON, EMMONS and SCHUITMAKER and referred to the Committee on Judiciary.
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 subsection 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) 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).
(3) 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.