Act No. 95
Public Acts of 2018
Approved by the Governor
April 2, 2018
Filed with the Secretary of State
April 2, 2018
EFFECTIVE DATE: July 1, 2018
STATE OF MICHIGAN
99TH LEGISLATURE
REGULAR SESSION OF 2018
Introduced by Reps. Iden, Lower, Griffin, Sheppard, Glenn, McCready, Phelps, Webber, Hertel and Lasinski
ENROLLED HOUSE BILL No. 5257
AN ACT to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” (MCL 750.1 to 750.568) by adding section 409b.
The People of the State of Michigan enact:
Sec. 409b. (1) A person shall not knowingly possess ransomware with the intent to use or employ that ransomware for the purpose of introduction into the computer, computer data, computer system, or computer network of another person, without authorization of the other person. A person who violates this section is guilty of a felony punishable by imprisonment for not more than 3 years.
(2) As used in this section, “ransomware” means a computer or data contaminant, encryption, or lock that is placed or introduced without authorization into a computer, computer system, or computer network and that restricts access by an authorized person to a computer, computer data, computer system, or computer network in a manner that results in the person responsible for the placement or introduction of the ransomware demanding payment of money or other consideration to remove the computer contaminant, or restore access to the computer, computer system, computer network, or data. Ransomware does not include authentication required to upgrade or access purchased content.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor