Bill Text: MI HB5017 | 2017-2018 | 99th Legislature | Engrossed


Bill Title: Crimes; other; cyberbullying; prohibit, and provide penalties. Amends 1931 PA 328 (MCL 750.568) by adding sec. 411x.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2018-05-30 - Referred To Committee Of The Whole [HB5017 Detail]

Download: Michigan-2017-HB5017-Engrossed.html

HB-5017, As Passed House, March 22, 2018

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5017

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

(MCL 750.1 to 750.568) by adding section 411x.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 411x. (1) A person shall not cyberbully another person.

 

     (2) A person who violates subsection (1) is guilty of a

 

misdemeanor punishable by imprisonment for not more than 93 days or

 

a fine of not more than $500.00, or both.

 

     (3) A person who violates subsection (1), and who has a prior

 

conviction for a violation of subsection (1), is guilty of a

 

misdemeanor punishable by imprisonment for not more than 1 year or

 

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

 

     (4) A person who violates subsection (1) in a manner that

 

involves a continued pattern of harassing or intimidating behavior

 


and by that violation causes serious injury to the victim is guilty

 

of a felony punishable by imprisonment for not more than 5 years or

 

a fine of not more than $5,000.00, or both. As used in this

 

subsection, "serious injury" means permanent, serious

 

disfigurement, serious impairment of health, or serious impairment

 

of a bodily function of a person.

 

     (5) A person who violates subsection (1) in a manner that

 

involves a continued pattern of harassing or intimidating behavior

 

and by that violation causes the death of the victim is guilty of a

 

felony punishable by imprisonment for not more than 10 years or a

 

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

 

     (6) As used in this section:

 

     (a) "Cyberbully" includes posting a message or statement in a

 

public media forum about any other person if both of the following

 

apply:

 

     (i) The message or statement is intended to place a person in

 

fear of bodily harm or death and expresses an intent to commit

 

violence against the person.

 

     (ii) The message or statement is posted with the intent to

 

communicate a threat or with knowledge that it will be viewed as a

 

threat.

 

     (b) "Pattern of harassing or intimidating behavior" means a

 

series of 2 or more separate noncontinuous acts of harassing or

 

intimidating behavior.

 

     (c) "Public media forum" means the internet or any other

 

medium designed or intended to be used to convey information to

 

other individuals, regardless of whether a membership or password


is required to view the information.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

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