Michigan Internet Crime / Cybercrime Lawyer

In Michigan, internet crimes (sometimes also referred to as cybercrimes) are taken seriously, with major efforts by the state to investigate and prosecute these offenses. These crimes vary in severity, classified either as misdemeanors or felonies, with felonies carrying more severe consequences. Below, George Law goes over computer and internet crimes in Michigan in detail, including the penalties they carry, possible defenses, and why retaining a criminal defense attorney can be beneficial in facing these challenges.

Specific Michigan Internet Crimes

Fraudulent Access to Computers – MCL Section 752.794

According to MCL Section 752.794, fraudulent access to computers means illegally accessing or causing access to a computer, program, system, or network to commit fraud or get money, property, or services falsely. The seriousness and penalties depend on the total amount involved. If less than $200, it’s a minor crime with up to 93 days in jail or a $500 fine, or three times the total amount. For $200 to $1,000, or with a past conviction, it’s a minor crime with up to a year in jail or a $2,000 fine, or three times the total amount. For $1,000 to $20,000, or with two past convictions, it’s a more serious crime with up to 5 years in jail or a $10,000 fine, or three times the total amount. Over $20,000, or with three or more past convictions, it’s a very serious crime with up to 10 years in jail and larger fines.

Prohibited Conduct with Computers – MCL Section 752.795

MCL Section 752.795 criminalizes intentionally accessing or causing access to a computer system without authorization, or beyond what is authorized, with the intent to acquire, alter, damage, delete, or destroy property, or to use computer services. The offense is classified as a felony, punishable by up to 5 years in prison or a fine of up to $10,000 for first-time offenders. For individuals with a prior conviction, the penalty increases to a maximum of 10 years in prison or a fine of up to $50,000.

Use of a Computer to Commit a Crime – MCL Section 752.796

Section 752.796 criminalizes the act of using a computer, computer program, system, or network to commit, attempt, conspire, or solicit the commission of a crime. The offense is structured with a tiered penalty system: the first violation is a misdemeanor, punishable by up to 1 year in prison or a fine of up to $10,000; the second violation is a felony, with a penalty of up to 2 years in prison or a $20,000 fine; and the third and subsequent violations are also felonies, carrying a punishment of up to 3 years in prison or a $30,000 fine.

Solicitation of Prostitution – MCL Section 750.449a

Under MCL Section 750.449a, solicitation of prostitution in Michigan means engaging or offering to engage the services of someone, who is not your spouse, for prostitution, lewdness, or in exchange for money or other forms of consideration. This offense is generally treated as a misdemeanor. However, if the person solicited is under 18 years old and is not the spouse of the person committing the offense, it is classified as a more serious crime with harsher penalties.

Use of Internet or Computer for a Crime Involving a Child – MCL Section 750.145d

MCL Section 750.145d prohibits the use of the internet or a computer system to communicate with any person for the purpose of committing, attempting to commit, conspiring to commit, or soliciting another person to commit various crimes involving a minor. This includes:

• accosting, enticing, or soliciting a child for immoral purposes
• child sexually abusive activity or material
• distribution and possession of sexually explicit, obscene, or child pornography materials
• pandering
• accepting earnings from a prostitute
• criminal sexual conduct (first degree through fourth degree)
• assault with intent to commit criminal sexual conduct
• disseminating sexual explicit manner to a minor

The severity of the punishment for this offense depends on the nature of the underlying crime. If the underlying crime is a misdemeanor or a felony with a maximum imprisonment of less than one year, it is a misdemeanor punishable by up to one year in prison or a fine of up to $5,000. For more severe underlying felonies, the penalty increases, with a maximum of 20 years in prison and a $20,000 fine for the most serious cases.

Soliciting a Child for Immoral Purposes – MCL Section 750.145a

MCL Section 750.145a defines the offense of soliciting a child for immoral purposes in Michigan. It involves approaching, persuading, or asking a child under 16 years old, or someone believed to be under 16, to engage in immoral acts. These acts include sexual activities, gross indecency, or other delinquent behavior. It doesn’t matter if the person knows the actual age of the child. If convicted of this felony, the penalty can be up to 4 years in prison, a fine of up to $4,000, or both.

Identity Theft – MCL Section 445.65 

Under MCL Section 445.65, identity theft involves using someone’s personal info without permission for fraud or illegal acts. This includes getting credit, goods, services, money, property, or other benefits falsely. It also includes having or selling private records illegally, creating fake emails or websites for personal data, and related frauds. A first offense can lead to up to 5 years in jail or a $25,000 fine. A second offense increases to up to 10 years in jail or a $50,000 fine. A third or more offense can result in up to 15 years in jail or a $75,000 fine.

Prohibited Computer Acts Relating to Identity Theft Crimes – MCL Section 445.67

MCL Section 445.67 addresses illegal activities related to identity theft using computers. It prohibits acts like sending emails or creating webpages under false pretenses to gather personal information for identity theft or other crimes, altering computer settings to mislead users into giving personal information, possessing or attempting to possess someone else’s personal information with criminal intent, and selling or transferring information knowing it will be used for criminal purposes. This is a felony, punishable by up to 5 years in prison or a $25,000 fine for a first offense. Penalties increase for subsequent violations, with up to 10 years in prison or a $50,000 fine for a second offense, and up to 15 years in prison or a $75,000 fine for third or subsequent offenses.

Credit Card Fraud – MCL Section 750.17w

According to MCL Section 750.157w, credit card fraud is when someone deliberately uses a credit card or similar device to take out or move funds against the account’s rules. The seriousness and penalties change based on the money involved and past offenses. If under $200, it’s a minor crime with up to 93 days in jail or a $500 fine, or both. For $200 to $1,000, or with past crimes, it’s still minor but with up to a year in jail and a $2,000 fine. For $1,000 to $20,000, or with specific past crimes, it’s a more serious crime with up to 5 years in jail and a $10,000 fine. Over $20,000, the charge is even more serious, leading to up to 10 years in jail and a $15,000 fine.

Stalking – MCL Section 751.411h

Stalking, as defined in MCL Section 751.411h, is a willful pattern of behavior involving repeated or ongoing harassment that causes a person to feel scared, intimidated, or emotionally distressed. This behavior can include actions like following someone, showing up uninvited at their workplace or home, calling them repeatedly, or sending unwanted messages. Stalking is generally considered a misdemeanor, punishable by up to one year in prison or a fine of up to $1,000. However, if the victim is under 18 and the stalker is at least 5 years older than the victim, it becomes a felony, with penalties of up to 5 years in prison or a $10,000 fine.

Aggravated Stalking – MCL Section 751.411ia

Aggravated stalking, as defined in MCL Section 751.411ia, occurs when stalking involves additional serious factors. These include violating a restraining order, conditions of probation, parole, or pretrial release, making threats against the victim or their family, or having a prior stalking conviction. Aggravated stalking is a felony, with a potential punishment of up to 5 years in prison or a fine up to $10,000. However, if the victim was under 18 and the offender is at least 5 years older, the penalty increases to a maximum of 10 years in prison and a $15,000 fine.

Ransomware – MCL Section 750.409b

Ransomware, as defined in Michigan’s MCL Section 750.409b, is a serious offense that involves intentionally possessing a specific type of malicious software with the intent to use it unlawfully. This software, known as ransomware, is used to infiltrate another person’s computer, data, computer system, or network without their permission. If found guilty of this felony, you could be sentenced to a maximum of 3 years in prison.

Prohibited Conduct Associated With Posting a Message through Electronic Mediums – MCL Section 750.411s

Under MCL Section 750.411s, it is illegal in Michigan to post messages through any electronic medium, including the internet, without the consent of the victim, especially if it leads to repeated, unwanted contact. This law is designed to protect individuals from messages that could cause them to feel terrorized, frightened, intimidated, threatened, or harassed. The basic offense is a felony, carrying a maximum penalty of 2 years in prison and a $5,000 fine. However, the penalty increases to up to 5 years imprisonment and a $10,000 fine under certain circumstances, such as violation of restraining orders, causing threats, repeat offenses, or if the victim is a minor and significantly younger than the offender.

Cyberbullying – MCL Section 750.411x

Cyberbullying is outlawed under MCL Section 750.411x in Michigan. This law prohibits any form of bullying that occurs through electronic means, such as the internet or social media. Initially, a cyberbullying offense is treated as a misdemeanor, punishable by up to 93 days in jail or a fine of up to $500. For those with a prior conviction, the consequences escalate to a year in jail and a $1,000 fine. In more severe cases, where the cyberbullying involves a continued pattern of harassing or intimidating behavior that results in serious injury or even death of the victim, it is classified as a felony. This can lead to a prison sentence of up to 5 years and a $5,000 fine for causing serious injury, and in cases resulting in death, the penalty increases to 10 years in prison and a $10,000 fine.

Malicious Use of Service Provided by Telecommunications Service Provider – MCL Section 750.540e

MCL Section 750.540e defines the malicious use of telecommunications services as using any service with the intention to harm, frighten, intimidate, or disturb another person. This includes actions like making threats, falsely reporting emergencies, refusing to end calls, using offensive language, making repeated silent calls, or making unwanted calls late at night. It also covers repetitive actions that disrupt someone’s service. This is a misdemeanor offense. The penalty is up to 6 months in jail or a fine of up to $1,000. This law applies if the communication starts or ends in Michigan and can be prosecuted where the communication originated or terminated.

Use of a Device for Eavesdropping – MCL Section 750.539d

According to MCL Section 750.539d, it is illegal to install, use, or distribute devices for eavesdropping in private places without consent. This includes devices for observing, recording, transmitting, or photographing events or sounds in private areas. If you do this, you’re committing a felony. The penalty for a first violation involves up to 2 years in prison or a $2,000 fine. If you’ve violated this law before, the penalty increases to up to 5 years in jail or a $5,000 fine. Distributing any obtained recordings or images also counts as a felony, with the same penalties.

Prohibited Use of Electronic Medium of Communication – MCL Section 750.540

Under MCL Section 750.540, it’s illegal to willfully and maliciously interfere with electronic communication mediums. This includes cutting, tapping, or making unauthorized connections to any form of electronic communication, and unauthorized reading or copying messages from  telephone lines or computer networks. Violating this law is a felony, punishable by up to 2 years in prison or a $1,000 fine. If this results in injury or death, the punishment increases to up to 4 years in prison or a $5,000 fine.

Criminal Process for Michigan Internet Crimes

In Michigan, the criminal process for internet crimes usually begins with an arrest, initiated by law enforcement once there is probable cause. Following the arrest, you’ll be arraigned in court, where the charges against you are formally presented, and you may enter a plea. If you plead not guilty, your case proceeds to a probable cause conference and a preliminary examination, where the evidence is reviewed to determine if there’s enough to go to trial. Should your case go to trial, and you are found guilty, sentencing follows.

Sentencing varies based on the crime’s severity and can include imprisonment, fines, or both. In cases of less severe internet crimes, alternative sentences like probation may be considered. Probation is an alternative to jail, where you are allowed to live in the community under specific court-imposed conditions. These conditions typically include regular check-ins with a probation officer, not committing any more crimes, and sometimes attending rehabilitation programs or paying fines and restitution. The length of probation varies but generally lasts three-to-five years for felonies and up to two years for misdemeanors.

Consequences of Internet Crime Convictions

In Michigan, being convicted of internet crimes can lead to severe collateral consequences, significantly impacting your life beyond the immediate penalties of fines and incarceration. Namely, with a criminal record, your professional life can be affected; you may face job loss or difficulty finding employment, as employers often conduct background checks that reveal those convictions. Moreover, these convictions can result in restrictions on internet usage, which can hinder both personal and professional activities. Educational opportunities might also be limited, with some institutions denying admission to individuals with criminal records.

Some Potential Defenses to Internet Crimes

Lack of Intent

In cases of internet crimes like fraudulent access to computers or identity theft, a key defense is proving you lacked criminal intent. This means showing you didn’t plan to commit a crime or harm someone. For instance, if you accessed a computer network by mistake, without knowing it was illegal, this could be a strong defense. Your lawyer can argue that your actions were not intentional, reducing the likelihood of a conviction.

Authorization or Consent

If you are charged with unauthorized access to a computer system or prohibited conduct with computers, showing you had permission can be a valid defense. This involves proving you had the right or consent to access the system or data in question. Your lawyer can gather evidence, like emails or documents, to demonstrate you had authorization, which can help in dismissing the charges.

Mistake of Fact

For crimes like credit card fraud or use of a computer to commit a crime, a mistake of fact is a possible defense. This means you believed something to be true, which wasn’t. If you used someone’s credit information thinking it was given to you for legitimate reasons, your lawyer can use this to defend you. They need to prove that your actions were based on a misunderstanding of the facts, not a desire to commit fraud.

Entrapment

Entrapment occurs when law enforcement induces someone to commit a crime they wouldn’t have otherwise committed. In cases like soliciting a child for immoral purposes, for example, if an undercover officer encouraged the crime or coerced an individual into committing it, this could be a defense. Your lawyer would need to show that the idea and motivation for the crime came from the police, not you.

Insufficient Evidence

Your lawyer will analyze the evidence against you and look for weaknesses in the prosecution’s case. If there’s not enough proof that you committed the crime, or the evidence is questionable, this can lead to a dismissal of the charges.

Role of a Michigan Internet Crime (Cybercrime) Lawyer

If you’re facing internet crime charges, a criminal defense lawyer is your guide through the legal process. They explain your rights and the charges against you. They also review evidence, looking for anything that can help your case. Your lawyer talks to witnesses, gathers facts, and prepares a strong defense. They’re with you in court, speaking on your behalf and fighting for the best outcome. If you’re considering a plea deal, they explain the pros and cons, helping you make an informed decision. Their goal is to protect your rights and work towards a resolution that’s in your best interest. Remember, a lawyer is your ally in a difficult and confusing situation.

Frequently Asked Questions About Internet Crimes

What are internet crimes?

Internet crimes include offenses like fraud, unauthorized access, identity theft, and cyberbullying committed using the internet or digital devices.

How serious are internet crime charges in Michigan?

The seriousness varies. Some are misdemeanors with minor penalties, while others are felonies with severe consequences like long jail terms and large fines.

What should I do if I’m accused of an internet crime?

Contact a criminal defense attorney immediately. They can advise you on your rights, the legal process, and build a defense strategy.

Can internet activity be used as evidence in these cases?

Yes, emails, browser histories, and other data can be used as evidence in internet crime cases.

Are there any defenses against internet crime charges?

Common defenses include lack of intent, authorization for access, mistaken identity, and insufficient evidence.

What are the potential penalties for internet crimes in Michigan?

Penalties range from fines and probation for minor offenses to long-term imprisonment for serious felonies.

Are minors treated differently in internet crime cases?

Yes, minors may face different legal processes and penalties, often focusing more on rehabilitation.

How can a lawyer help in an internet crime case?

A lawyer can offer legal advice, represent you in court, negotiate plea deals, and work to reduce charges or penalties.

Contact George Law for Skilled Legal Assistance

Dealing with internet crime charges can be daunting, but you don’t have to face this challenge alone. For professional help and a personalized defense strategy, contact the internet crimes lawyers at George Law. You can reach out by calling (248) 247-7459 or contacting us online for a consultation. Our computer crime lawyers are ready to assist you through every step of the legal process, ensuring your rights are protected and that you are well defended.