HOUSE BILL No. 5284

 

January 25, 2012, Introduced by Rep. Walsh and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 145d (MCL 750.145d), as amended by 2000 PA 185.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 145d. (1) A person shall not use the internet or a

 

computer, computer program, computer network, or computer system to

 

communicate with any person for the purpose of doing any of the

 

following:

 

     (a) Committing, attempting to commit, conspiring to commit, or

 

soliciting another person to commit conduct proscribed under

 

section 145a, 145c, 157c, 349, 350, 520b, 520c, 520d, 520e, or

 

520g, or section 5 of 1978 PA 33, MCL 722.675, in which the victim

 

or intended victim is a minor or is believed by that person to be a

 

minor.

 


     (b) Committing, attempting to commit, conspiring to commit, or

 

soliciting another person to commit conduct proscribed under

 

section 411h or 411i.

 

     (c) Committing, attempting to commit, conspiring to commit, or

 

soliciting another person to commit conduct proscribed under

 

chapter XXXIII or section 327, 327a, 328, or 411a(2).

 

     (2) A person who violates this section is guilty of a crime as

 

follows:

 

     (a) If the underlying crime is a misdemeanor or a felony with

 

a maximum term of imprisonment of less than 1 year, the person is

 

guilty of a misdemeanor punishable by imprisonment for not more

 

than 1 year or a fine of not more than $5,000.00, or both.

 

     (b) If the underlying crime is a misdemeanor or a felony with

 

a maximum term of imprisonment of 1 year or more but less than 2

 

years, the person is guilty of a felony punishable by imprisonment

 

for not more than 2 years or a fine of not more than $5,000.00, or

 

both.

 

     (c) If the underlying crime is a misdemeanor or a felony with

 

a maximum term of imprisonment of 2 years or more but less than 4

 

years, 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.

 

     (d) If the underlying crime is a felony with a maximum term of

 

imprisonment of 4 years or more but less than 10 years, the person

 

is guilty of a felony punishable by imprisonment for not more than

 

10 years or a fine of not more than $5,000.00, or both.

 

     (e) If the underlying crime is a felony punishable by a

 


maximum term of imprisonment of 10 years or more but less than 15

 

years, the person is guilty of a felony punishable by imprisonment

 

for not more than 15 years or a fine of not more than $10,000.00,

 

or both.

 

     (f) If the underlying crime is a felony punishable by a

 

maximum term of imprisonment of 15 years or more or for life, the

 

person is guilty of a felony punishable by imprisonment for not

 

more than 20 years or a fine of not more than $20,000.00, or both.

 

     (3) The court may order that a term of imprisonment imposed

 

under this section be served consecutively to any term of

 

imprisonment imposed for conviction of the underlying offense.

 

     (4) This section does not prohibit a person from being charged

 

with, convicted of, or punished for any other violation of law

 

committed by that person while violating or attempting to violate

 

this section, including the underlying offense.

 

     (5) This section applies regardless of whether the person is

 

convicted of committing, attempting to commit, conspiring to

 

commit, or soliciting another person to commit the underlying

 

offense.

 

     (6) A violation or attempted violation of this section occurs

 

if the communication originates in this state, is intended to

 

terminate in this state, or is intended to terminate with a person

 

who is in this state.

 

     (7) A violation or attempted violation of this section may be

 

prosecuted in any jurisdiction in which the communication

 

originated or terminated.

 

     (8) The court may order a person convicted of violating this

 


section to reimburse this state or a local unit of government of

 

this state for expenses incurred in relation to the violation in

 

the same manner that expenses may be ordered to be reimbursed under

 

section 1f of chapter IX of the code of criminal procedure, 1927 PA

 

175, MCL 769.1f.

 

     (9) As used in this section:

 

     (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.

 

Computer includes a cellular telephone, personal digital assistant

 

(PDA), or other handheld device while being used to transmit or

 

receive data over the internet.

 

     (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) "Internet" means that term as defined in section 230 of

 

title II of the communications act of 1934, chapter 652, 110 Stat.

 

137, 47 U.S.C. USC 230.

 

     (g) "Minor" means an individual who is less than 18 years of

 

age.