Use of a computer to commit a crime - The latest add on charge

752.796 Use of computer program, computer, computer system, or computer network to commit crime.

Sec. 6.

(1) 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.

(2) This section 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.

(3) 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.

“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.

Phones, Texts, Emails, Message Apps, etc…

752.796a Violation of MCL 752.795a; penalties; exception; defense; burden of proof; effective date of section.

Sec. 6a.

(1) A person who violates section 5a is guilty of the following:

(a) For the first violation, a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $10,000.00, or both.

(b) For the second violation, a felony punishable by imprisonment for not more than 2 years or a fine of not more than $20,000.00, or both.

(c) For the third and any subsequent violation, a felony punishable by imprisonment for not more than 3 years or a fine of not more than $30,000.00, or both.

(2) A person does not violate section 5a because the person is an intermediary between the sender and recipient in the transmission of an electronic message that violates section 5a or unknowingly provides transmission of electronic messages over the person’s computer network or facilities that violate section 5a.

(3) It is a defense to an action brought under this section that the communication was transmitted accidentally. The burden of proving that the communication was transmitted accidentally is on the sender.

(4) This section does not take effect until July 1, 2005.

The case draws comparisons to similar rulings like People v. Armstrong, where Michigan courts have reconsidered the application of the automobile exception in light of the state’s evolving marijuana laws.

The key issue in both cases is whether the odor of marijuana, when combined with other factors like deception by the driver, is enough to support a warrantless search.

a DUI can ruin your life as well as others

The People of the State of Michigan enact:

Document	Type	Description
Section 752.791	Section	Meanings of words and phrases.
Section 752.792	Section	Definitions; A to D.
Section 752.793	Section	Definitions; P to S.
Section 752.794	Section	Prohibited access to computer program, computer, computer system, or computer network.
Section 752.795	Section	Prohibited conduct.
Section 752.795a	Section	Michigan children’s protection registry act; violation.
Section 752.796	Section	Use of computer program, computer, computer system, or computer network to commit crime.
Section 752.796a	Section	Violation of MCL 752.795a; penalties; exception; defense; burden of proof; effective date of section.
Section 752.796b	Section	Money, income, and property subject to seizure and forfeiture.
Section 752.797	Section	Penalties; prior convictions; presumption; reimbursement order; definition.