SENATE BILL NO. 1091


   April 28, 1998, Introduced by Senators ROGERS, MC MANUS, EMMONS,
        NORTH, SCHUETTE, BULLARD, JAYE, HOFFMAN, GAST, BOUCHARD, GEAKE,
        BENNETT, STEIL, GOUGEON and SHUGARS 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 145d.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 145D.  (1) A PERSON SHALL NOT USE THE INTERNET TO COM-

 2    MUNICATE WITH ANY PERSON FOR THE PURPOSE OF DOING ANY OF THE

 3    FOLLOWING:

 4         (A) COMMITTING, ATTEMPTING TO COMMIT, CONSPIRING TO COMMIT,

 5    OR SOLICITING ANOTHER PERSON TO COMMIT CONDUCT PROSCRIBED UNDER

 6    SECTION 145C, 349, 411H, 411I, 520B, 520C, 520D, 520E, OR 520G IN

 7    WHICH THE VICTIM OR INTENDED VICTIM IS A MINOR.

 8         (B) COMMITTING, ATTEMPTING TO COMMIT, CONSPIRING TO COMMIT,

 9    OR SOLICITING ANOTHER PERSON TO COMMIT CONDUCT PROSCRIBED UNDER

10    SECTION 350 OR 350A.



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 1         (C) COMMITTING OR ATTEMPTING TO COMMIT CONDUCT PROSCRIBED

 2    UNDER SECTION 145A OR 157C.

 3         (2) A PERSON WHO VIOLATES SUBSECTION (1) IS GUILTY OF A

 4    FELONY PUNISHABLE AS FOLLOWS:

 5         (A) FOR A FIRST OFFENSE, BY IMPRISONMENT FOR NOT MORE THAN 2

 6    YEARS OR A FINE OF NOT MORE THAN $2,000.00, OR BOTH.

 7         (B) FOR A SECOND OR SUBSEQUENT OFFENSE, BY IMPRISONMENT FOR

 8    NOT MORE THAN 5 YEARS OR A FINE OF NOT MORE THAN $5,000.00, OR

 9    BOTH.

10         (3) THIS SECTION DOES NOT PROHIBIT A PERSON FROM BEING

11    CHARGED WITH, CONVICTED OF, OR PUNISHED FOR ANY OTHER VIOLATION

12    OF LAW COMMITTED BY THAT PERSON WHILE VIOLATING THIS SECTION,

13    INCLUDING THE UNDERLYING OFFENSE.

14         (4) A TERM OF IMPRISONMENT IMPOSED UNDER THIS SECTION MAY BE

15    SERVED CONSECUTIVELY TO AND PRECEDING ANY TERM OF IMPRISONMENT

16    IMPOSED FOR CONVICTION OF THE UNDERLYING OFFENSE.

17         (5) AS USED IN THIS SECTION:

18         (A) "INTERNET" MEANS A WORLDWIDE INTERCONNECTION OF INDIVID-

19    UAL COMPUTERS AND COMPUTER NETWORKS AND THE FACILITIES AND EQUIP-

20    MENT USED TO ACCESS THOSE INTERCONNECTED NETWORKS.

21         (B) "MINOR" MEANS AN INDIVIDUAL WHO IS LESS THAN 18 YEARS OF

22    AGE.













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