FREE CONSULTATIONTEXT OR CALL 24/7
Free Consultation:

USE OF COMPUTER PROGRAM, COMPUTER, COMPUTER SYSTEM, OR COMPUTER NETWORK TO COMMIT A CRIME

Michigan prohibits a person from using the Internet or a Computer “to communicate with any person for the purpose of doing” certain prescribed offenses. 

The law states that a person shall not use a computer program, computer, computer system, or computer network to commit, attempt to commit, conspire to commit, or solicit another person to commit a crime.

This section of the law does not prohibit a person from being charged with, convicted of, or punished for any other violation of law committed by that person while violating or attempting to violate this section, including the underlying offense.

This section applies regardless of whether the person is convicted of committing, attempting to commit, conspiring to commit, or soliciting another person to commit the underlying offense.

For the crime of Using a Computer Program, Computer, Computer System, or Computer Network to Commit a Crime there is no requirement that the defendant use a computer to communicate with another person.

Your “smart” phone qualifies as a “computer“.  This applies under MCL 752.792(3). 

This charge can be found under MCL 752.796.

 

Computer Crimes NBB

 

DEFINITIONS:
COMPUTER CRIMES

  • Computer – means any connected, directly interoperable or interactive device, equipment, or facility that uses a computer program or other instructions to perform specific operations including logical, arithmetic, or memory functions with or on computer data or a computer program and that can store, retrieve, alter, or communicate the results of the operations to a person, computer program, computer, computer system, or computer network. Computer includes a computer game device or a cellular telephone, personal digital assistant (PDA), or other handheld device.
  • Computer network – means the interconnection of hardwire or wireless communication lines with a computer through remote terminals, or a complex consisting of 2 or more interconnected computers.
  • Computer program – means a series of internal or external instructions communicated in a form acceptable to a computer that directs the functioning of a computer, computer system, or computer network in a manner designed to provide or produce products or results from the computer, computer system, or computer network.
  • Computer system – means a set of related, connected or unconnected, computer equipment, devices, software, or hardware.
  • Device – includes, but is not limited to, an electronic, magnetic, electrochemical, biochemical, hydraulic, optical, or organic object that performs input, output, or storage functions by the manipulation of electronic, magnetic, or other impulses.
  • The Internet means that term as defined in section 230 of the communications act of 1934, 47 USC 230.
  • Minor – means an individual who is less than 18 years of age.

USE OF COMPUTER PROGRAM, COMPUTER, COMPUTER SYSTEM, OR COMPUTER NETWORK TO COMMIT A CRIME

Per the law in Michigan, a person shall not use the internet or a computer, computer program, computer network, or computer system to communicate with any person for the purpose of doing any of the following:

  • Committing, attempting to commit, conspiring to commit, or soliciting another person to commit conduct proscribed under section 145a, 145c, 157c, 349, 350, 520b, 520c, 520d, 520e, or 520g, or section 5 of 1978 PA 33, MCL 722.675, in which the accuser or intended accuser is a minor or is believed by that person to be a minor.
  • Committing, attempting to commit, conspiring to commit, or soliciting another person to commit conduct proscribed under section 411h or 411i.
  • Committing, attempting to commit, conspiring to commit, or soliciting another person to commit conduct proscribed under chapter XXXIII or section 327, 327a, 328, or 411a(2). (This is kind of repetitive with what is stated above on page 58, right under the headline. Is that okay?) 

PENALTY

The penalty for Using the Internet or a Computer System to Commit a Crime varies.  The penalty can be punishable by imprisonment for not more than 20 years.  The determination of what penalty applies depends on if the underlying crime is a misdemeanor or a felony.

Using the Internet or a Computer System to Commit a Crime can be found under MCL 750.145d.

3150 Livernois Rd. Suite 126
Troy, MI 48083
(248) 515-6583
law@nicoleblankbecker.com

We accept the following payment methods:


We serve the following counties: Macomb County, Oakland County, Wayne County, Washtenaw County, Ingham County, Lapeer County, Genesee County, Livingston County, etc.

We serve the following cities: Center Line, Eastpointe, Fraser, Grosse Pointe Shores, Memphis, Mount Clemens, New Baltimore, Richmond, Roseville, St. Clair Shores, Sterling Heights, Utica, Warren, Auburn Hills, Berkley, Birmingham, Bloomfield Hills, Clarkston, Clawson, Farmington, Farmington Hills, Fenton, Ferndale, Hazel Park, Huntington Woods, Keego Harbor, Lake Angelus, Lathrup Village, Madison Heights, Northville, Novi Oak Park, Orchard Lake Village, Pleasant Ridge, Pontiac, Rochester, Rochester Hills, Royal Oak, South Lyon, Southfield Sylvan Lake, Troy, Walled Lake, Wixom, Allen Park, Belleville, Dearborn Heights, Dearborn, Detroit, Ecorse, Flat Rock, Garden City, Gibraltar, Grosse Pointe, Grosse Pointe Farms, Grosse Pointe Park, Grosse Pointe Shores, Grosse Pointe Woods, Hamtramck, Harper Woods, Highland Park, Inkster, Lincoln Park, Livonia, Melvindale, Northville, Plymouth, River Rouge, Riverview, Rockwood, Romulus, Southgate, Taylor, Trenton, Wayne, Westland, Woodhaven and Wyandotte.


Michigan Criminal Sexual Conduct Lawyer
MI Sex Crimes Attorney
Blank Law, PC


This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Back To Top