HOUSE BILL NO. 6549

December 18, 2020, Introduced by Rep. Warren and referred to the Committee on Judiciary.

"The Michigan penal code,"

by amending section 411x (MCL 750.411x), as added by 2018 PA 457.

the people of the state of michigan enact:

Sec. 411x. (1) A person shall not cyberbully another person.

(2) A person who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

(3) A person who violates subsection (1), and who has a prior conviction for a violation of subsection (1), 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.

(4) A person who violates subsection (1) in an attempt to influence a public officer to take, modify, or not take an official action 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.

(5) (4) A person who violates subsection (1) in a manner that involves a continued pattern of harassing or intimidating behavior and by that violation causes serious injury to the victim is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both. As used in this subsection, "serious injury" means permanent, serious disfigurement, serious impairment of health, or serious impairment of a bodily function of a person.

(6) (5) A person who violates subsection (1) in a manner that involves a continued pattern of harassing or intimidating behavior and by that violation causes the death of the victim is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both.

(7) (6) As used in this section:

(a) "Cyberbully" includes posting a message or statement in a public media forum about any other person if both either of the following apply:applies:

(i) Both of the following apply to the message or statement:

(A) It directs a person to kill himself or herself or to attempt to kill himself or herself.

(B) It is part of a pattern of harassing or intimidating behavior that would cause a reasonable individual to suffer emotional distress and actually causes the person to suffer emotional distress.

(ii) (i) The Both of the following apply to the message or statement:

(A) It is intended to place a person in fear of bodily harm or death and expresses an intent to commit violence against the person or his or her dependent.

(B) (ii) The message or statement It is posted with the intent to communicate a threat or with knowledge that it will be viewed as a threat.

(b) "Emotional distress" means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.

(c) (b) "Pattern of harassing or intimidating behavior" means a series of 2 or more separate noncontinuous acts of harassing or intimidating behavior.

(d) (c) "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.

(e) "Public officer" means that term as defined in section 217c.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.