February 1, 2006, Introduced by Senators HARDIMAN, BIRKHOLZ, JACOBS, KUIPERS, JELINEK, McMANUS, CHERRY, GOSCHKA, BISHOP, TOY and GARCIA and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 540 (MCL 750.540).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
540. Cutting, tapping, using, etc., telephone or
telegraph
wires, etc.—Any person who shall wilfully and maliciously
cut,
break, tap or make any connection with, or read, or copy, by
the
use of telegraph or telephone instruments, or otherwise, in any
unauthorized
manner, any message, either social or business,
sporting,
commercial or other news reports, from any telegraph or
telephone
line, wire or cable so unlawfully cut or tapped in this
state;
or make unauthorized use of the same, or who shall wilfully
and
maliciously prevent, obstruct or delay by any means or
contrivance
whatsoever the sending, conveyance or delivery, in this
state,
of any authorized communication, sporting, commercial or
other
news reports, by or through any telegraph or telephone line,
cable
or wire under the control of any telegraph or telephone
company
doing business in this state, or who shall wilfully and
maliciously
aid, agree with, employ, or conspire with any other
person
or persons to do any of the aforementioned unlawful acts,
shall
be guilty of a misdemeanor, punishable by imprisonment in the
state
prison not more than 2 years, or by a fine of not more than
1,000
dollars.
(1) A person shall not willfully and maliciously cut, break,
disconnect, or interrupt access to, or tap or make any unauthorized
connection with, any telecommunications device. This subsection
does not apply to an individual who owns the telecommunications
device unless the telecommunications device is being used by an
individual to report a crime, to report the illness of or injury to
any person, or to report domestic violence.
(2) A person who violates this section is guilty of a crime as
follows:
(a) Except as provided in subdivision (b), the person is
guilty of a felony punishable by imprisonment for not more than 2
years or a fine of not more than $1,000.00, or both.
(b) If the incident to be reported results in injury to or the
death of any person, the person violating this section 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.
(3) As used in this section:
(a) "Domestic violence" means that term as defined in section
1 of 1978 PA 389, MCL 400.1501.
(b) "Telecommunications device" means a device designed or
intended to be used for communications through telecommunication
services.
(c) "Telecommunication services" means that term as defined in
section 102 of the Michigan telecommunications act, 1991 PA 179,
MCL 484.2102.
Enacting section 1. This amendatory act takes effect February
1, 2006.
Enacting section 2. This amendatory act does not take effect
unless House Bill No. 5043 of the 93rd Legislature is enacted into
law.