fosi-orig-logo

Home North America United States

sub-map-banner

United States

Join our FOSI mailing list

Quarterly Review

Michigan Suggest Edits Print
us-tab-stateprofile us-tab-stateoverview us-tab-stateresearch us-tab-stateeducation us-tab-stateregulation us-tab-stateorganizations
michigan-map michigan

State Profile

Michigan (MI) has a population of 9,883,6401 and covers an area of approximately 96,713 square miles.2 Main industries within the state are car manufacturing, agriculture and fisheries3 and in 2010 the estimated per capita real GDP was $34,915.4

In Michigan 80.8% of the population access the Internet overall and 69.8% of Michiganders access the Internet from home. Among the households with Internet access, 3.4% use a broadband connection.5

Currently, the youth population (children under the age of eighteen) stands at 2,344,068 and represents 23.7% of the population.6

online-safety-head

Overall, Michigan has made some very positive strides in the field of raising awareness of Internet safety issues and punishing those who seek to exploit and harm children. The former Governor of Michigan, Jennifer Granholm (in office 2003 – 2011) considered Internet safety to be a priority and her time in office saw the launch of various initiatives including a partnership with the Internet Keep Safe Coalition in 2007, a state-wide initiative called Operation Verify, which tracked down sex offenders who were not in compliance with the reporting requirements of the Michigan Sex Offenders Act.7 Granholm also signed into law Jessica’s law which introduced a 25-year mandatory minimum sentence for adults convicted of sex offenses against children under the age of thirteen.8

The Attorney General launched the Cyber Safety Initiative (CSI) for schools in 2007. Educating children from kindergarten to the eighth grade ensures that they are well-grounded in safe behaviors.9 The CSI is also integrated into the Technology curriculum for schools, with pupils expected to demonstrate the knowledge that they have taken from it. In addition, students receive an Online Safety Contract to discuss with their parents. As of December 2011, more than 640,000 students in 455 school districts had attended a CSI presentation since the initiative’s inception in the fall of 2007.10

The current Governor of Michigan, Rick Snyder, continues in Granholm’s footsteps and introduced the Michigan Cyber Initiative (MCI) in October 2011.11 The aim is to develop a Cyber Command Center and the Michigan Cyber Defense Response Team to enhance the state’s profile in the computer security industry, as well as develop a curriculum focused on enhancing the overall advancement of cyber-security and support the Michigan CSI. An Online Cyber Toolkit created by the MCI provides best practices and easy steps for enforcing online security. It contains a quiz, downloads of posters and calendars as well as tip sheets on how to solve online problems. Topics include identity protection, malware, and keeping children safe online. To access the toolkit go to http://www.michigan.gov/cybersecurity/0,4557,7-217-51788---,00.html

Laws in the state carry some tough penalties for the worst offenses, with a clear recognition of the way that the Internet and technology can be used to accomplish certain crimes. The state has a law which covers the crime of molesting or harassing a person using electronic means, over and about other harassment and libel laws. There are also laws which criminalize offenses committed against children specifically by those in a position of authority over them.

Michigan was included in the preliminary results from the Youth Voice Research Project: Victimization & Strategies. This study is the first known large-scale research project that solicits students’ perceptions about strategy effectiveness to reduce peer mistreatment in schools. The goal of this project is to compile a body of knowledge describing the most helpful interventions in order to help adults and youth reduce bullying and harassment in their own schools. Conducted by Stan Davis and Charisse Nixon, Ph.D., this project includes more than 11,000 teens in 25 Elementary, Middle and High Schools throughout the United States. To read the report go to http://www.youthvoiceproject.com/YVPMarch2010.pdf

education-head

The Michigan Educational Technology Standards 2009 show that the Michigan Cyber Safety Initiative (CSI) has been integrated into the classroom as all children are expected to know its three rules by the end of the Second Grade. To read through the standards go to http://techplan.edzone.net/METS/METS2009.pdf

Additionally, the CSI includes customized presentations for students in kindergarten through eighth grade conducted by trained professionals from the Attorney General’s Office. The 2011 program was been updated to address the consequences associated with the increased prevalence of cyberbullying and sexting.12

The three simple rules of ‘Keep Safe, Keep Away, Keep Telling’ are easily accessed from the Department of Education’s website, along with other simple Internet safety education which is suitable for the younger children at whom it is aimed. The document is located here: http://www.michigan.gov/documents/ag/Keep_Away_Safe_Telling_190699_7.pdf

Cyberbullying is recognized as an unacceptable behavior and the Department of Education includes it in the model anti-bullying policy which is published on its website. To learn more go to http://www.michigan.gov/documents/mde/SBE_Model_AntiBullying_Policy_Revised_9.8_172355_7.pdf

To be eligible for E-Rate funding, from July 1st, 2012, in addition to compliance with CIPA, schools will also need to certify that they will educate students with regard to safe online behavior.13  Passed into law in January 2008, the ‘Protecting Children in the 21st Century Act’, Section 215 (titled ‘Promoting Online Safety in Schools’) inserts  Section 254(h)(5)(B) (iii) of the Communications Act of 1934, requiring each school to certify  that ”as part of its Internet safety policy, [it] is educating minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response”. The certification has to be made no later than 120 days after the beginning of the first program funding year, or as part of the application process for any subsequent year (Section 254(h)(5)(E)).14

This section contains details of the state’s laws as they relate to sexual offenses, children and the use of the Internet in the commission of criminal activity. Where possible, sentence details have been given, including whether an increased custodial penalty is imposed where the victim is a child.

Michigan is one of only two states (the other being Utah) that has created a Child Protection Registry, allowing householders to register their address, e-mail addresses, telephone and cell phone details on a ‘do not contact’ list, on the grounds that the details are allocated to or accessed by a minor. Anyone marketing adult-oriented services, such as alcohol or pornography, is required to pay a fee to check the registry and, should they fail to do so or ignore the opt-out request, they face possible felony charges as well as civil and criminal fines. The full details for Michigan are available here: https://www.protectmichild.com/

  • Michigan Compiled Laws (MCL) 750.142 Furnishing Obscene Publications or Criminal News to Minors. This section states that it is an offense to provide a minor under the age of eighteen with a book or pamphlet containing obscene language or pictures etc. tending to corrupt the morals of youth. It is also an offense to hire or engage a minor in the distribution of such obscene material or to permit a child over whom custody is held to participate. This constitutes a misdemeanor.
  • MCL 750.143 Children; Exhibition of Obscene Matter. States that it is a crime to exhibit within the view of passing children any book or pamphlet etc. containing obscene content tending to the corruption of the morals of youth. This is a misdemeanor.
  • MCL 750.145a Accosting, Enticing or Soliciting Child for Immoral Purpose. Defines as an offense the solicitation or encouragement of a child under the age of sixteen for an immoral purpose, to submit to an act of sexual intercourse or an act of gross indecency, or to any other act of depravity or delinquency. This is punishable as felony with a term of imprisonment not more than four years and/or a fine of up to $4,000.
  • MCL 750.145b Accosting, Enticing or Soliciting Child for Immoral Purpose; Prior Conviction; Penalty. States that where a person has a previous conviction for the above offense, subsequent violations are punished with a term of ten years’ imprisonment and/or a maximum fine of $10,000.
  • MCL 750.145c Definitions; Child Sexually Abusive Activity or Material; Penalties; Possession of Child Sexually Abusive Material; Expert Testimony; Defenses; Acts of Commercial Film or Photographic Print Processor; Report to Law Enforcement Agency by Computer Technician; Applicability and Uniformity of Section; Enactment or Enforcement of Ordinances, Rules, or Regulations Prohibited. States that anyone who persuades, produces or finances (amongst others) any sexually abusive activity on a child or child sexually abusive material is guilty of a felony punishable by up to 20 years’ imprisonment and/or a fine of up to $100,000. A person who distributes such material faces up to seven years’ imprisonment and/or a fine of up to $50,000. Possession of such material attaches to a term of four years and/or a fine of up to $10,000. Furthermore, where a computer technician provides law enforcement agencies with information of sexually explicit images involving a child on a computer, discovered in the course of their employment, their identity shall remain confidential and they will be immune to civil suits.
  • MCL 750.145d Use of Internet or Computer System; Prohibited Communication; Violation; Penalty; Order to Reimburse State or Local Governmental Unit; Definitions. This section states that it is a criminal offense to use the Internet to communicate with another person for the purpose of committing the above offenses with a minor. The maximum sentence for this is 20 years, but depends wholly on the underlying offense for which the offender was communicating with the other party.
  • MCL 750.335a Indecent Exposure; Violation; Penalty. Sets a penalty of up to one year’s imprisonment and/or a fine of up to $1,000 for anyone who knowingly makes any open or indecent exposure of his or her person. Where the person is seen fondling his or her own genitals the sentence rises to two years and the fine to $2,000.
  • MCL 750.337 Women and Children; Improper Language in Presence. States that any person who uses any indecent, immoral, obscene, vulgar or insulting language in the presence or hearing of any woman or child is guilty of a misdemeanor.
  • MCL 750.338 Gross Indecency; Between Male Persons. This section states that it is a crime for any male party, in private or in public, to procure or attempt to procure the commission by any male person of any act of gross indecency. This is punishable by a term of imprisonment not to exceed five years or a maximum fine of $2,500.
  • MCL 750.338a Gross Indecency; Female Persons. States that it is an offense for any female party, in private or in public, to procure or attempt to procure the commission by any female person of any act of gross indecency. This is punishable by a term of imprisonment not to exceed five years or a maximum fine of $2,500.
  • MCL 750.338b Gross Indecency; Between Male and Female Persons. States that it is a crime for a person of either sex to engage in or procure any act of gross indecency with a member of the opposite sex. The sentence for this is up to five years in prison or a maximum fine of $2,500.
  • MCL 750.411h Stalking; Definitions; Violation as Misdemeanor; Penalties; Probation; Conditions; Evidence of Continued Conduct as Rebuttable Presumption; Additional Penalties. This section defines the crime as engaging in a repeated course of conduct that (among other definitions) would cause a reasonable person to feel fear, harassed, threatened or molested. The sending of electronic mail to the victim is specifically included in this section. The crime is deemed to be a misdemeanor punishable by up to one year’s imprisonment, a fine of up to $1,000 or both. If the victim was under the age of eighteen at any point during the course of conduct, and the offender is more than five years older than them the penalty is increased to imprisonment for up to five years, a fine of up to $10, 000 or both.
  • MCL 750.411i Definitions; Aggravated Stalking; Circumstances; Violation as Felony; Penalty; Probation; Additional Conditions of Probation, Effect of Continued Course of Conduct, Rebuttable Presumption; Additional Penalty. Defines the offense as stalking in one of the following circumstances: the offender violated a restraining order or probation in committing the offense; he/she made a credible threat against the victim or the victim’s family; the offender is a recidivist. The penalty for aggravated stalking is up to five years’ imprisonment and/or a maximum fine of $10,000. Where the victim is a minor under the age of eighteen and the offender is five or more years older than the victim, the sentence will increase to up to ten years’ imprisonment and/or a fine of up to $15,000.
  • MCL 750.411s Posting Message Through Electronic Medium; Prohibitions; Penalty; Exceptions; Definitions. States that a person is guilty of an offense if he/she posts a message through any contact medium, including the Internet, e-mail, a computer, computer network or other electronic devices, without the victim’s consent, if all of the following apply: sending the message causes two or more acts of unconsented contact; the intent of posting the message is to cause fear, distress, intimidation or the like; the victim suffers emotional distress and feels molested. The offense is punishable by imprisonment for up to two years and/or a fine of up to $5,000. Where the offender violated probation, a restraining order or condition of parole in committing the offense, or the victim is under the age of eighteen and the accused is five or more years older, an aggravated penalty of up five years’ imprisonment and/or a fine of up to $10,000 will apply. This section does not apply to an ISP providing communication services.
  • MCL 750.462g Use of Minor Child for Sexually Abusive Activity; Prohibition; Violation as Felony; Penalty. Sets a penalty of imprisonment for up to 20 years for anyone who knowingly recruits, harbors, entices, transports, provides or obtains by any means a minor for the purposes of child sex abuse.
  • MCL 750.462j Providing or Obtaining Labor or Services by Force, Fraud, or Coercion as Crime; Penalty; Recruiting, Harboring, Transporting, Providing, or Obtaining Person for Involuntary Servitude or Debt Bondage as Crime; Penalty; Other Violations of Law; Consecutive Terms; Restitution; Definitions. States, among other things, that providing or obtaining the labor or services of another person by fraud, force or coercion is a felony punishable by up to ten years’ imprisonment and/or a fine of up to $10,000; where the victim is a minor the prison sentence will increase to 20 years and the fine to $20,000. The section also states that it is a felony punishable as above to recruit, harbor or obtain a person for labor or services for the purpose of holding that person in involuntary servitude or debt bondage; where the offense involves the trafficking of a minor or a commercial sexual act, the same aggravated penalties as above will apply.
  • MCL 750.520b Criminal Sexual Conduct in the First Degree. This section defines as an offense the engagement in sexual penetration with a child under thirteen or a child over thirteen but under sixteen when the offender is in a position of authority over the child. The use of force or possession of a weapon is also included under this section among other characteristics of the crime. This is punishable by a term of life imprisonment. Where the victim is under thirteen the minimum term is 25 years’ imprisonment.
  • MCL 50.520c Criminal Sexual Conduct in the Second Degree. Defines the situation where sexual contact is made with a child under thirteen, or a child over thirteen but under sixteen when the offender is in a position of authority over the child. This section includes the use of threats of force, among other characteristics. The sentence for this is up to fifteen years’ imprisonment.
  • MCL 750.520d Criminal Sexual Conduct in the Third Degree. States that where the person engages in sexual penetration and the victim is between thirteen and sixteen, he/she will be liable to a maximum sentence of fifteen years’ imprisonment. Where the victim is aged between sixteen and eighteen and the offender is employed at their school, the same penalty will apply.
  • MCL 750.520e Criminal Sexual Conduct in the Fourth Degree. It is a crime under this section to engage in sexual conduct with another person who is aged between thirteen and sixteen where the offender is five or more years older. The sentence for this is two years’ imprisonment. Where the victim is aged between sixteen and eighteen and the offender is employed at their school, the same penalty will apply.
  • MCL 750.520g Assault with Intent to Commit Criminal Sexual Conduct. This section states that where the intent is to commit sexual penetration, the sentence is imprisonment for up to ten years. Where the intent is to commit criminal sexual conduct then the term of imprisonment is up to five years.
  • MCL 752.365 Obscenity; Elements; Misdemeanor; Penalty; Second or Subsequent Offense as a Felony. States that a person is guilty of this offense when having knowledge of the material they disseminate or intend to disseminate obscene material. An offender faces a term of imprisonment not to exceed one year for a first conviction and/or a fine of up to $100,000, and two years and/or a fine between $50,000 and $5,000,000 for subsequent violations.
  • MCL 397.606 Restriction of Internet Access to Minors; Immunity from Liability; Exceptions. States that any library offering Internet access has to adopt and enforce a policy that restricts access to minors by either providing a number of computer terminals for adult use only, or by implementing a system that prevents minors from accessing obscene or sexually explicit material.

Government

Michigan Cyber Safety Initiative
The program has been devised by the Office of the Attorney General and comprises customized presentations for schoolchildren from Kindergarten to the Eighth Grade, as well as for community groups. The website refers to taking registrations for the 2008 – 2009 school year but the Michigan Department of Education’s website contains a current year registration form which demonstrates that the initiative is still active. Since the start of the initiative in 2007 the website reports that over 400,000 students have attended presentations. To find out more go to http://www.michigan.gov/csi/

Michigan Department of Education
The Department of Education’s website contains a wealth of information regarding public education in the state, including current curriculum specifics and details about special programs focusing on ICT. To find out more go to http://www.michigan.gov/mde

Michigan Internet Crimes Against Children (ICAC) Task Force
The Michigan ICAC website is really only a link to reporting suspected illegal content online and does not contain written information speaking directly to citizens. It does, however, list a series of links to well-known sites such as the NCMEC and NetSmartz and a link to request an Internet safety presentation by a member of the task force. To find out more go to http://michiganicac.com/

Non-Government

News in Education
This excellent website provides an enormous variety of teaching resources for schools in West Michigan. There is a very good Internet safety section with links to safe sites for children, resources for educators and general information. To find out more go to http://www.nieonline.com/michigan/links.cfm?category=INTERNET%20EXPLORATION%20%26%20RESOURCES

Michigan Family Forum
This research and education nonprofit has created a report on Internet safety for parents. The booklet covers the usual areas of concern, as well as the use of file-sharing sites and how not to be taken in by marketing scams. To read the report go to http://www.michiganfamily.org/main-resources/publications/Internet%20Safety%20Guide%20Web.pdf and to find out more about the Michigan Family Forum go to http://www.michiganfamily.org/index.html

University of Michigan Health System
Aimed at concerned parents, the website provides information on how to protect children, with the emphasis on filtering and blocking software. There are also links to additional sources of information. To find out more go to http://www.med.umich.edu/yourchild/topics/internet.htm


Sources

Page last reviewed September 25, 2013

1 http://www.census.gov/popfinder/ (last accessed November 4, 2011)
2 http://www.census.gov/compendia/statab/2012/tables/12s0358.pdf (last accessed November 4, 2011)
3 http://www.enchantedlearning.com/usa/states/ (last accessed November 4, 2011)
4 http://www.bea.gov/regional/gsp/ (last accessed November 4, 2011)
5 http://www.census.gov/compendia/statab/2012/tables/12s1157.pdf (last accessed November 4, 2011)
6 http://www.census.gov/popfinder/ (last accessed November 4, 2011)
7 http://www.michigan.gov/msp/0,4643,7-123-1586_1710-264113--RSS,00.html (last accessed May 15, 2012)
8 http://www.michiganpolicy.com/index.php?option=com_content&view=article&id=803:additional-sex-offender-registration-fees-proposed&catid=237:employment-current-issues&Itemid=353 (last accessed May 15, 2012)
9 http://www.michigan.gov/documents/ag/Michigan_CSI_Program_Summary_200688_7.pdf (last accessed May 15, 2012)
10 http://www.michigan.gov/documents/cybersecurity/MichiganCyberInitiative2011_365631_7.pdf (last accessed May 15, 2012)
11 http://www.michigan.gov/cybersecurity (last accessed May 15, 2012)
12 http://www.michigan.gov/ag/0,4534,7-164-46849_47203-261926--,00.html (last accessed May 15, 2012)
13 http://www.usac.org/sl/applicants/step10/cipa.aspx (last accessed August 28, 2012)
14 http://www.fcc.gov/document/protecting-children-21st-century-act-amendment (last accessed September 25, 2013)

Michigan Compiled Laws (MCL) 750.142 Furnishing Obscene Publications or Criminal News to Minors. This section states that it is an offense to provide a minor under the age of eighteen with a book or pamphlet containing obscene language or pictures etc. tending to corrupt the morals of youth. It is also an offense to hire or engage a minor in the distribution of such obscene material or to permit a child over whom custody is held to participate. This constitutes a misdemeanor.

MCL 750.143 Children; Exhibition of Obscene Matter. States that it is a crime to exhibit within the view of passing children any book or pamphlet etc. containing obscene content tending to the corruption of the morals of youth. This is a misdemeanor.

MCL 750.145a Accosting, Enticing or Soliciting Child for Immoral Purpose. Defines as an offense the solicitation or encouragement of a child under the age of sixteen for an immoral purpose, to submit to an act of sexual intercourse or an act of gross indecency, or to any other act of depravity or delinquency. This is punishable as felony with a term of imprisonment not more than four years and/or a fine of up to $4,000.

MCL 750.145b Accosting, Enticing or Soliciting Child for Immoral Purpose; Prior Conviction; Penalty. States that where a person has a previous conviction for the above offense, subsequent violations are punished with a term of ten years’ imprisonment and/or a maximum fine of $10,000.

MCL 750.145c Definitions; Child Sexually Abusive Activity or Material; Penalties; Possession of Child Sexually Abusive Material; Expert Testimony; Defenses; Acts of Commercial Film or Photographic Print Processor; Report to Law Enforcement Agency by Computer Technician; Applicability and Uniformity of Section; Enactment or Enforcement of Ordinances, Rules, or Regulations Prohibited. States that anyone who persuades, produces or finances (amongst others) any sexually abusive activity on a child or child sexually abusive material is guilty of a felony punishable by up to 20 years’ imprisonment and/or a fine of up to $100,000. A person who distributes such material faces up to seven years’ imprisonment and/or a fine of up to $50,000. Possession of such material attaches to a term of four years and/or a fine of up to $10,000. Furthermore, where a computer technician provides law enforcement agencies with information of sexually explicit images involving a child on a computer, discovered in the course of their employment, their identity shall remain confidential and they will be immune to civil suits.

MCL 750.145d Use of Internet or Computer System; Prohibited Communication; Violation; Penalty; Order to Reimburse State or Local Governmental Unit; Definitions. This section states that it is a criminal offense to use the Internet to communicate with another person for the purpose of committing the above offenses with a minor. The maximum sentence for this is 20 years, but depends wholly on the underlying offense for which the offender was communicating with the other party.

MCL 750.335a Indecent Exposure; Violation; Penalty. Sets a penalty of up to one year’s imprisonment and/or a fine of up to $1,000 for anyone who knowingly makes any open or indecent exposure of his or her person. Where the person is seen fondling his or her own genitals the sentence rises to two years and the fine to $2,000.

MCL 750.337 Women and Children; Improper Language in Presence. States that any person who uses any indecent, immoral, obscene, vulgar or insulting language in the presence or hearing of any woman or child is guilty of a misdemeanor.

MCL 750.338 Gross Indecency; Between Male Persons. This section states that it is a crime for any male party, in private or in public, to procure or attempt to procure the commission by any male person of any act of gross indecency. This is punishable by a term of imprisonment not to exceed five years or a maximum fine of $2,500.

MCL 750.338a Gross Indecency; Female Persons. States that it is an offense for any female party, in private or in public, to procure or attempt to procure the commission by any female person of any act of gross indecency. This is punishable by a term of imprisonment not to exceed five years or a maximum fine of $2,500.

MCL 750.338b Gross Indecency; Between Male and Female Persons. States that it is a crime for a person of either sex to engage in or procure any act of gross indecency with a member of the opposite sex. The sentence for this is up to five years in prison or a maximum fine of $2,500.

MCL 750.411h Stalking; Definitions; Violation as Misdemeanor; Penalties; Probation; Conditions; Evidence of Continued Conduct as Rebuttable Presumption; Additional Penalties. This section defines the crime as engaging in a repeated course of conduct that (among other definitions) would cause a reasonable person to feel fear, harassed, threatened or molested. The sending of electronic mail to the victim is specifically included in this section. The crime is deemed to be a misdemeanor punishable by up to one year’s imprisonment, a fine of up to $1,000 or both. If the victim was under the age of eighteen at any point during the course of conduct, and the offender is more than five years older than them the penalty is increased to imprisonment for up to five years, a fine of up to $10, 000 or both.

MCL 750.411i Definitions; Aggravated Stalking; Circumstances; Violation as Felony; Penalty; Probation; Additional Conditions of Probation, Effect of Continued Course of Conduct, Rebuttable Presumption; Additional Penalty. Defines the offense as stalking in one of the following circumstances: the offender violated a restraining order or probation in committing the offense; he/she made a credible threat against the victim or the victim’s family; the offender is a recidivist. The penalty for aggravated stalking is up to five years’ imprisonment and/or a maximum fine of $10,000. Where the victim is a minor under the age of eighteen and the offender is five or more years older than the victim, the sentence will increase to up to ten years’ imprisonment and/or a fine of up to $15,000.

MCL 750.411s Posting Message Through Electronic Medium; Prohibitions; Penalty; Exceptions; Definitions. States that a person is guilty of an offense if he/she posts a message through any contact medium, including the Internet, e-mail, a computer, computer network or other electronic devices, without the victim’s consent, if all of the following apply: sending the message causes two or more acts of unconsented contact; the intent of posting the message is to cause fear, distress, intimidation or the like; the victim suffers emotional distress and feels molested. The offense is punishable by imprisonment for up to two years and/or a fine of up to $5,000. Where the offender violated probation, a restraining order or condition of parole in committing the offense, or the victim is under the age of eighteen and the accused is five or more years older, an aggravated penalty of up five years’ imprisonment and/or a fine of up to $10,000 will apply. This section does not apply to an ISP providing communication services.

MCL 750.462g Use of Minor Child for Sexually Abusive Activity; Prohibition; Violation as Felony; Penalty. Sets a penalty of imprisonment for up to 20 years for anyone who knowingly recruits, harbors, entices, transports, provides or obtains by any means a minor for the purposes of child sex abuse.

MCL 750.462j Providing or Obtaining Labor or Services by Force, Fraud, or Coercion as Crime; Penalty; Recruiting, Harboring, Transporting, Providing, or Obtaining Person for Involuntary Servitude or Debt Bondage as Crime; Penalty; Other Violations of Law; Consecutive Terms; Restitution; Definitions. States, among other things, that providing or obtaining the labor or services of another person by fraud, force or coercion is a felony punishable by up to ten years’ imprisonment and/or a fine of up to $10,000; where the victim is a minor the prison sentence will increase to 20 years and the fine to $20,000. The section also states that it is a felony punishable as above to recruit, harbor or obtain a person for labor or services for the purpose of holding that person in involuntary servitude or debt bondage; where the offense involves the trafficking of a minor or a commercial sexual act, the same aggravated penalties as above will apply.

MCL 750.520b Criminal Sexual Conduct in the First Degree. This section defines as an offense the engagement in sexual penetration with a child under thirteen or a child over thirteen but under sixteen when the offender is in a position of authority over the child. The use of force or possession of a weapon is also included under this section among other characteristics of the crime. This is punishable by a term of life imprisonment. Where the victim is under thirteen the minimum term is 25 years’ imprisonment.

MCL 50.520c Criminal Sexual Conduct in the Second Degree. Defines the situation where sexual contact is made with a child under thirteen, or a child over thirteen but under sixteen when the offender is in a position of authority over the child. This section includes the use of threats of force, among other characteristics. The sentence for this is up to fifteen years’ imprisonment.

MCL 750.520d Criminal Sexual Conduct in the Third Degree. States that where the person engages in sexual penetration and the victim is between thirteen and sixteen, he/she will be liable to a maximum sentence of fifteen years’ imprisonment. Where the victim is aged between sixteen and eighteen and the offender is employed at their school, the same penalty will apply.

MCL 750.520e Criminal Sexual Conduct in the Fourth Degree. It is a crime under this section to engage in sexual conduct with another person who is aged between thirteen and sixteen where the offender is five or more years older. The sentence for this is two years’ imprisonment. Where the victim is aged between sixteen and eighteen and the offender is employed at their school, the same penalty will apply.

MCL 750.520g Assault with Intent to Commit Criminal Sexual Conduct. This section states that where the intent is to commit sexual penetration, the sentence is imprisonment for up to ten years. Where the intent is to commit criminal sexual conduct then the term of imprisonment is up to five years.

MCL 752.365 Obscenity; Elements; Misdemeanor; Penalty; Second or Subsequent Offense as a Felony. Constitutes that a person is guilty of this offense when having knowledge of the material they disseminate or intend to disseminate obscene material. An offender faces a term of imprisonment not to exceed one year for a first conviction and/or a fine of up to $100,000, and two years and/or a fine between $50,000 and $5,000,000 for subsequent violations.

MCL 397.606 Restriction of Internet Access to Minors; Immunity from Liability; Exceptions. States that any library offering Internet access has to adopt and enforce a policy that restricts access to minors by either providing a number of computer terminals for adult use only, or by implementing a system that prevents minors from accessing obscene or sexually explicit material.
 

SPONSORS


Verizon     Microsoft     British Telecom