Digital Crimes Cell Phone Computer. Malicious Use of a Telephone MCL 750.540e Threatening physical harm or damage to a person or property in the course.

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Presentation transcript:

Digital Crimes Cell Phone Computer

Malicious Use of a Telephone MCL e Threatening physical harm or damage to a person or property in the course of a conversation or message Using vulgar, indecent, obscene language or suggesting lewd or lascivious act in the course of a conversation or message misdemeanor

Using a Computer to Commit a Crime MCL A person shall not use a computer program, computer system, or computer to commit, attempt to commit, conspire to commit, or solicit another person to commit a crime This section applies regardless of whether the person is convicted of the underlying offense

Computer Crimes, Penalties MCL Ties penalty to underlying offense Misdemeanor Felony Fine, up to $20,000

Child Sexually Abusive Activity or Material MCL c Under 18 "Child sexually abusive material" means any depiction, whether made or produced by electronic, mechanical, or other means, including a developed or undeveloped photograph, picture, film, slide, video, electronic visual image, computer diskette, computer or computer-generated image, or picture, or sound recording which is of a child or appears to include a child engaging in a listed sexual act; a book, magazine, computer, computer storage device, or other visual or print or printable medium containing such a photograph, picture, film, slide, video, electronic visual image, computer, or computer-generated image, or picture, or sound recording; or any reproduction, copy, or print of such a photograph, picture, film, slide, video, electronic visual image, book, magazine, computer, or computer-generated image, or picture, other visual or print or printable medium, or sound recording.

Activity/Material, cont. (2) A person who persuades, induces, entices, coerces, causes, or knowingly allows a child to engage in a child sexually abusive activity for the purpose of producing any child sexually abusive material, or a person who arranges for, produces, makes, or finances, or a person who attempts or prepares or conspires to arrange for, produce, make, or finance any child sexually abusive activity or child sexually abusive material is guilty of a felony, punishable by imprisonment for not more than 20 years, or a fine of not more than $100,000.00, or both, if that person knows, has reason to know, or should reasonably be expected to know that the child is a child or that the child sexually abusive material includes a child or that the depiction constituting the child sexually abusive material appears to include a child, or that person has not taken reasonable precautions to determine the age of the child. (3) A person who distributes or promotes, or finances the distribution or promotion of, or receives for the purpose of distributing or promoting, or conspires, attempts, or prepares to distribute, receive, finance, or promote any child sexually abusive material or child sexually abusive activity is guilty of a felony, punishable by imprisonment for not more than 7 years, or a fine of not more than $50,000.00, or both, if that person knows, has reason to know, or should reasonably be expected to know that the child is a child or that the child sexually abusive material includes a child or that the depiction constituting the child sexually abusive material appears to include a child, or that person has not taken reasonable precautions to determine the age of the child. This subsection does not apply to the persons described in section 7 of 1984 PA 343, MCL (4) A person who knowingly possesses any child sexually abusive material is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $10,000.00, or both, if that person knows, has reason to know, or should reasonably be expected to know the child is a child or that the child sexually abusive material includes a child or that the depiction constituting the child sexually abusive material appears to include a child, or that person has not taken reasonable precautions to determine the age of the child.

Contributing to the Delinquency of a Minor MCL Encourage, cause, or contribute to any minor child under 17 becoming neglected or delinquent so as to come under the court’s jurisdiction Applies regardless of whether child is adjudicated misdemeanor

Disseminating Sexually Explicit Material to Minors MCL Knowingly disseminates sexually explicit material Knowingly exhibits sexually explicit performance Minor is under 18 Felony, 2 years + $10,000

Exhibition of Obscene Material; children MCL Exhibit on public street, highway, or in view of children Book, pamphlet, or other printed paper or thing Contains obscene language, obscene prints, figures or descriptions Misdemeanor

Furnishing Obscene Publications or Criminal News to Minors MCL Sell, give, or furnish – or HIRE minor under 18 to sell Book, pamphlet, or other printed paper or thing Contains obscene language, obscene prints, figures or descriptions Misdemeanor

Accosting, Enticing or Soliciting Child for Immoral Purpose MCL a Accost, entice, or solicit 16 years, or younger Immoral act; sexual intercourse; act of gross indecency or delinquency Felony, 4 years + $4000

Installation, Placement, or Use of Device for Observing, Recording, Transmitting, Photographing or Eavesdropping MCL d Shall not eavesdrop without consent of person(s) Shall not disseminate recording, photograph, or visual image person knows was obtained in violation of this statute Exception: home monitoring device Felony, 2 or 5 years, + $5000

Where to Find the Full Text? State websites Legislature MCL Section