REVENGE PORN BILL

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REVENGE PORN BILL

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On April 18th at 3:30pm Governor Snyder was presented with Enrolled Senate Bill No. 0508. This was passed by both the Michigan Senate as well as the Michigan House of Representatives. A recent call to Governor Snyder’s office was unhelpful, however it is widely thought that the Enrolled Bill will be signed into law within the next 24 hours.
The bill in question is being dubbed “The Revenge Porn Bill”. In essence the bill protects people against having sexually explicit material (i.e. nude photos, videos, etc. . .) disseminated. The Revenge Porn Bill is important in today’s digital age where people so freely send photographs via cell phone and email to each other. In an age where it is no longer shocking to find that someone has published compromising photos or videos of others. There are far too many stories of people threatening to “ruin someone’s life” by leaking photos which were once sent to that person as a “loving act” or worse yet taken as an intrusive act.
The bill provides for a progressive punishment. For a first violation of the statute it is punishable by a fine of up to $500.00 and up to 93 days in jail. Second or subsequent violations of the statute could lead up to 1 year in prison and a fine of up to $1,000.00. Obviously the best defense against such an act is to not send pictures or videos in the first place, however if you are in that situation this statute should act as a deterrent to any would-be perpetrators of threats, revenge, or extortion.

STATE OF MICHIGAN
98TH LEGISLATURE
REGULAR SESSION OF 2016
Introduced by Senators Bieda, Jones, Young and Hood
ENROLLED SENATE BILL No. 508
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 section 145e.
The People of the State of Michigan enact:
Sec. 145e. (1) A person shall not intentionally and with the intent to threaten, coerce, or intimidate disseminate any sexually explicit visual material of another person if all of the following conditions apply:
(a) The other person is not less than 18 years of age.
(b) The other person is identifiable from the sexually explicit visual material itself or information displayed in connection with the sexually explicit visual material. This subdivision does not apply if the identifying information is supplied by a person other than the disseminator.
(c) The person obtains the sexually explicit visual material of the other person under circumstances in which a reasonable person would know or understand that the sexually explicit visual material was to remain private.
(d) The person knows or reasonably should know that the other person did not consent to the dissemination of the sexually explicit visual material.
(2) Subsection (1) does not apply to any of the following:
(a) To the extent content is provided by another person, a person engaged in providing:
(i) An interactive computer service as that term is defined in 47 USC 230;
(ii) An information service, telecommunications service, or cable service as those terms are defined in 47 USC 153;
(iii) A commercial mobile service as defined in 47 USC 332;
(iv) A direct-to-home satellite service as defined in 47 USC 303(v); or
(v) A video service as defined in 2006 PA 480, MCL 484.3301 to 484.3315.
(b) A person who disseminates sexually explicit visual material that is part of a news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.
(c) A law enforcement officer, or a corrections officer or guard in a correctional facility or jail, who is engaged in the official performance of his or her duties.
(d) A person disseminating sexually explicit visual material in the reporting of a crime.
(50)
508
2
ESB 508
(3) This section does not prohibit a person from being charged with, convicted of, or punished for another violation of law committed by that person while violating or attempting to violate this section.
(4) A person who violates subsection (1) is guilty of a crime and punishable as provided in section 145f.
(5) As used in this section:
(a) “Disseminate” means post, distribute, or publish on a computer device, computer network, website, or other electronic device or medium of communication.
(b) “Nudity” means displaying a person’s genitalia or anus or, if the person is a female, her nipples or areola.
(c) “Sexually explicit visual material” means a photograph or video that depicts nudity, erotic fondling, sexual intercourse, or sadomasochistic abuse.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor

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