Bill Text: MI HB4508 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Crimes; computer; prohibitions against unauthorized access to computers, computer systems, and computer networks; create exceptions for family members. Amends sec. 5 of 1979 PA 53 (MCL 752.795).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-04-12 - Printed Bill Filed 03/25/2011 [HB4508 Detail]

Download: Michigan-2011-HB4508-Introduced.html

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HOUSE BILL No. 4508

 

March 24, 2011, Introduced by Rep. McMillin and referred to the Committee on Judiciary.

 

     A bill to amend 1979 PA 53, entitled

 

"An act to prohibit access to computers, computer systems, and

computer networks for certain fraudulent purposes; to prohibit

intentional and unauthorized access, alteration, damage, and

destruction of computers, computer systems, computer networks,

computer software programs, and data; to prohibit the sending of

certain electronic messages; and to prescribe penalties,"

 

by amending section 5 (MCL 752.795), as amended by 1996 PA 326.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5. (1) A person shall not intentionally and without

 

authorization or by exceeding valid authorization do any of the

 

following:

 

     (a) Access or cause access to be made to a computer program,

 

computer, computer system, or computer network to acquire, alter,

 

damage, delete, or destroy property or otherwise use the service of

 

a computer program, computer, computer system, or computer network.

 

     (b) Insert or attach or knowingly create the opportunity for

 

an unknowing and unwanted insertion or attachment of a set of

 

instructions or a computer program into a computer program,

 

computer, computer system, or computer network, that is intended to

 

acquire, alter, damage, delete, disrupt, or destroy property or

 

otherwise use the services of a computer program, computer,

 

computer system, or computer network. This subdivision does not

 

prohibit conduct protected under section 5 of article I of the

 

state constitution of 1963 or under the first amendment of the

 

constitution of the United States.

 

     (2) This section does not prohibit a person from accessing or

 

using a computer, computer program, or electronic mail service of

 

his or her spouse if all of the following conditions apply:

 

     (a) The person lives in the same residence as the spouse and

 

the spouse's computer is not the property of a school, business, or

 

other entity that is not owned by the person or the person's

 

spouse.

 

     (b) The person's spouse has not expressly prohibited the

 

person from using his or her computer, computer program, or

 

electronic mail service.

 

     (c) The person does not use force or coercion to access the

 

computer, computer program, or electronic mail service.

 

     (d) The person does not damage, delete, or destroy the

 

computer, computer program, electronic mail service, or any

 

electronic mail message.

 

     (3) This section does not prohibit a person from accessing or

 

using a computer, computer program, or electronic mail service of

 

his or her child if the person has full or shared legal custody of

 

the child. As used in this subsection, "child" means the person's

 

biological child, stepchild, or foster child who is less than 18

 

years of age.

 

     (4) Subsections (2) and (3) are remedial and shall be

 

retroactively applied to any criminal prosecution under this

 

section that has not resulted in a conviction as of the effective

 

date of the amendatory act that added this subsection.