STATE OF MICHIGAN
REGULAR SESSION OF 2018
ENROLLED HOUSE BILL No. 5017
AN ACT to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to
crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances;
to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” (MCL 750.1 to 750.568) by adding
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 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.
(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.
(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 of
the following apply:
(i) The message or statement is intended to place a person in fear of bodily harm or death and expresses an intent
to commit violence against the person.
(ii) The message or statement is posted with the intent to communicate a threat or with knowledge that it will be
viewed as a threat.
(b) “Pattern of harassing or intimidating behavior” means a series of 2 or more separate noncontinuous acts of
harassing or intimidating behavior.
(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.
Public Act 457 (http://www.legislature.mi.gov/documents/2017-2018/publicact/pdf/2018-PA-0457.pdf). ” 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.” (effective March 27, 2019)
“‘At school’ includes conduct using a telecommunications access device or telecommunications service provider that occurs off school premises if the telecommunications access device or the telecommunications service provider is owned by or under the control of the school district or public school academy.”
Act 451 of 1976 (MCL 380.1 – 380.1852) by adding sec. 1310b: “Matt Epling Safe School Law” or “Act 451” http://legislature.mi.gov/doc.aspx?mcl-380-1310b
“‘Bullying’ means any written, verbal, or physical act, or any electronic communication, that is intended or that a reasonable person would know is likely to harm 1 or more pupils either directly or indirectly…”
House Bill 6468 (2010): Crimes; other; cyberbullying; prohibit, and provide penalties. Amends 1931 PA 328 (MCL 750.1 – 750.568) by adding sec. 411w. (http://www.legislature.mi.gov/documents/2009-2010/billintroduced/House/htm/2010-HIB-6468.htm) (this law did not pass)
Criminal electronic harassment: http://www.legislature.mi.gov/%28S%28sajlhwgkamegzcyf10oh4blb%29%29/mileg.aspx?page=getObject&objectName=mcl-750-411h