April 12, 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 does not use force or coercion to access the
computer, computer program, or electronic mail service.
(c) 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.