HOUSE BILL No. 5134

 

August 22, 2007, Introduced by Reps. David Law, LaJoy, Ward and Marleau and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

(MCL 750.1 to 750.568) by adding section 411u.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 411u. (1) If a person has been convicted of an offense

 

described in subsection (3), and the person used a computer in the

 

commission of that offense, the person shall not access a

 

commercial social networking website.

 

     (2) If a person has been convicted of an offense described in

 

subsection (3), but the offense did not involve the use of a

 

computer, the person shall not directly contact a person whom he or

 

she knows or has reason to believe is under the age of 18 by means

 

of a commercial social networking website.

 

     (3) Subsections (1) and (2) apply to any listed offense, as


 

that term is defined in section 2 of the sex offenders registration

 

act, 1994 PA 295, MCL 28.722, or a law of another state or the

 

United States that substantially corresponds to 1 of those

 

offenses, in which the victim of the offense was less than 18 years

 

of age.

 

     (4) Except as provided in subsection (5), a person who

 

violates subsection (1) or (2) 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.

 

     (5) For a second or subsequent violation of subsection (1) or

 

(2), the person 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.

 

     (6) As used in this section, "commercial social networking

 

website" means a commercially operated internet website offered by

 

a commercial entity that does all of the following:

 

     (a) Permits registered users to create an on-line profile that

 

includes detailed personal information.

 

     (b) Permits registered users to create an on-line journal and

 

share that journal with other users.

 

     (c) Permits registered users to share highly personalized

 

information.

 

     (d) Enables communication among users.