MICHIGAN

TITLE 28. CRIMES

PART TWO. SUBSTANTIVE CRIMINAL LAW

CHAPTER 286a. PENAL CODE

CHAPTER XLIII. FRAUDS AND CHEATS

Fraudulent Access to Computers, Computer Systems and Networks MCL 752.791 Meanings of terms.

     Sec. 1     For the purposes of this act, the words and phrases defined in sections 2 and 3 have the

                meanings ascribed to them in those sections.

MCL 752.792

     Sec. 2 (1) "Access" means to approach, instruct, communicate with, store data in, retrieve

                data from, or otherwise use the resources of, a computer, a computer system, or computer network.



            (2) "Computer" means an electronic device which performs logical, arithmetic, and memory

                functions by the manipulations of electronic or magnetic impulses, and includes input, output, processing,

                storage, software, or communication facilities which are connected or related to a device in a system or

                network.



            (3) "Computer network" means the interconnection of communication lines with a computer

                through remote terminals, or a complex consisting of 2 or more interconnected computers.



            (4) "Computer program" means a series of instructions or statements, in a form acceptable

                to a computer, which permits the functioning of a computer system in a manner designed to provide

                appropriate products from the computer system.



            (5) "Computer software" means a set of computer programs, procedures, and associated

                documentation concerned with the operation of a computer system.



            (6) "Computer system" means a set of related, connected or unconnected, computer

                equipment, devices, and software.

MCL 752.793

     Sec. 3 (1) "Property" includes financial instruments; information, including electronically produced

                data; computer software and programs in either machine or human readable form; and any other tangible

                or intangible item of value.



            (2) "Services" includes computer time, data processing, and storage functions.







 
MCL 752.794   Access to computers, systems or networks, fraudulent purposes, prohibitions.


      Sec. 4    A person shall not, for the purpose of devising or executing a scheme or artifice with

                intent to defraud or for the purpose of obtaining money, property, or a service by means of a false or

                fraudulent pretense, representation, or promise with intent to, gain access to or cause access to be made

                to a computer, computer system, or computer network.







MCL 752.795  Alteration, damage or destruction, computer, system or network, computer software

program or data, prohibition.


      Sec. 5    A person shall not intentionally and without authorization, gain access to, alter, damage,

                or destroy a computer, computer system, or computer network, or gain access to, alter, damage, or destroy

                a computer software program or data contained in a computer, computer system, or computer network.







MCL 752.796  Other prohibited acts, violations.


      Sec. 6.   A person shall not utilize a computer, computer system, or computer network to commit

                a violation of section 174 of Act No. 328 of the Public Acts of 1931, as amended, being section 750.174 of

                the Michigan Compiled Laws, section 279 of Act No. 328 of the Public Acts of 1931, being section 750.279

                of the Michigan Compiled Laws, section 356 of Act No. 328 of the Public Acts of 1931, as amended, being

                section 750.356 of the Michigan Compiled Laws, or section 362 of Act No. 328 of the Public Acts of 1931,

                as amended, being section 750.362 of the Michigan Compiled Laws.







 
MCL 752.797  Violations of act, penalties.

 
 

      Sec. 7.   A person who violates this act, if the violation involves $ 100.00 or less, is guilty of a

                misdemeanor. If the violation involves more than $ 100.00, the person is guilty of a felony, punishable by

                imprisonment for not more than 10 years, or a fine of not more than $ 5,000.00, or both.