Bill Text: MI HB4237 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Crimes; other; cyberbullying; prohibit, and provide penalties. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 411w.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-02-15 - Printed Bill Filed 02/11/2011 [HB4237 Detail]
Download: Michigan-2011-HB4237-Introduced.html
HOUSE BILL No. 4237
February 10, 2011, Introduced by Reps. Brown and Segal and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by adding section 411w.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 411w. (1) A person shall not do any of the following:
(a) Post a message or statement in a public media forum about
any other person who is less than 18 years of age if all of the
following apply:
(i) The person knows that the message or statement is false or
intentionally misleading.
(ii) A reasonable person would find the message or statement to
be damaging to the character or reputation of another person.
(iii) The message or statement is posted with the intent to
intimidate, frighten, or harass any other person or to cause
emotional distress.
(b) Post a message or statement in a public media forum about
any other person who is less than 18 years of age if both of the
following apply:
(i) The person intentionally conceals his or her identity in
order to mislead any other person into believing that the message
was posted by another person.
(ii) The message or statement is posted with the intent to
intimidate, frighten, or harass any other person or to cause
emotional distress.
(c) Post a message or statement in a public media forum
urging, recommending, or soliciting another person who is less than
18 years of age to injure or kill himself or herself if any of the
following apply:
(i) The message or statement is posted with the intent to cause
the other person to injure or kill himself or herself or is posted
under circumstances or in such a manner that a reasonable person
would know that the other person may injure or kill himself or
herself.
(ii) The message or statement is posted with the intent to
intimidate, frighten, or harass any other person or to cause
emotional distress.
(2) A person who violates this section is guilty of a crime as
follows:
(a) If the person who violates this section is less than 18
years of age:
(i) Except as provided in subparagraph (ii), for a violation of
subsection (1)(a) or (b), the person is guilty of a misdemeanor
punishable by imprisonment for not more than 90 days or a fine of
not more than $500.00, or both.
(ii) For a second or subsequent violation of subsection (1)(a)
or (b), the person 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.
(iii) For a violation of subsection (1)(c), the person is guilty
of a crime as follows:
(A) Except as provided in sub-subparagraphs (B) and (C), the
person 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.
(B) If the other person causes serious impairment of a body
function to himself or herself, the person is guilty of a felony
punishable by imprisonment for not more than 5 years or a fine of
not less than $1,000.00 or more than $5,000.00, or both.
(C) If the other person kills himself or herself, the person
is guilty of a felony punishable by imprisonment for not more than
15 years or a fine of not less than $2,500.00 or more than
$10,000.00, or both.
(b) If the person who violates this section is 18 years of age
or older:
(i) Except as provided in subparagraph (ii), for a violation of
subsection (1)(a) or (b), the person 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.
(ii) For a second or subsequent violation of subsection (1)(a)
or (b), the person is guilty of a felony punishable by imprisonment
for not more than 4 years or a fine of not more than $5,000.00, or
both.
(iii) For a violation of subsection (1)(c), the person is guilty
of a crime as follows:
(A) Except as provided in sub-subparagraphs (B) and (C), the
person is guilty of a felony punishable by imprisonment for not
more than 4 years or a fine of not more than $5,000.00, or both.
(B) If the other person causes serious impairment of a body
function to himself or herself, the person is guilty of a felony
punishable by imprisonment for not more than 15 years or a fine of
not less then $2,500.00 or more than $10,000.00, or both.
(C) If the other person kills himself or herself, the person
is guilty of a felony punishable by imprisonment for not more than
20 years or a fine of not less than $5,000.00 or more than
$20,000.00, or both.
(3) As used in this section:
(a) "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.
(b) "Serious impairment of a body function" means that term as
defined in section 58c of the Michigan vehicle code, 1949 PA 300,
MCL 257.58c.
