Crimes: obscenity; electronic transmission of unsolicited and nonconsensual sexually explicit material; prohibit. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 335b.
Impact
If enacted, HB4535 will directly influence how the law treats nonconsensual sharing of explicit materials within Michigan. It empowers recipients of unsolicited sexually explicit content to seek civil recourse, including injunctions, actual damages, and coverage of related attorney fees. This introduces a significant change in the legal framework, not only establishing criminal penalties but also providing a pathway for victims to pursue compensation in civil court. The dual approach of criminal and civil remedies is designed to address the impacts of such actions on individual victims and promote accountability among offenders.
Summary
House Bill 4535 proposes amendments to the 1931 Penal Code of Michigan by introducing Section 335b, which addresses the electronic transmission of sexually explicit material without consent. Specifically, it criminalizes the act of sending sexually explicit videos or images to individuals aged 18 or older when the recipient has not given consent or has explicitly forbidden such transmission. The bill categorizes such an offense as a misdemeanor, with penalties including a fine of up to $500. This legislation aims to provide clear legal reframing for the digital exchange of explicit content, reflecting contemporary concerns over privacy and consent in an increasingly digital world.
Contention
One potential point of contention in the discussions surrounding HB4535 could relate to definitions and interpretations of consent and what constitutes 'sexually explicit' material. Critics may raise concerns about the bill possibly infringing upon individual freedoms or rights pertaining to personal communications. Furthermore, the enforcement of such laws in the digital realm poses challenges, including the ability to prove knowledge and intent in the transmission of material. Stakeholders might debate the effectiveness of the measures intended to protect individuals while ensuring that the bounds of free expression are respected.
Crimes: criminal sexual conduct; sexual extortion and aggravated sexual extortion; prohibit and provide penalties. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 213b.
Crimes: internet; penalties for coercing vulnerable adult into providing sexually explicit visual material; provide for. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 145h.
Crimes: internet; penalties for coercing a vulnerable adult into providing sexually explicit visual material; provide for. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 145h.
Prohibiting sending unsolicited obscene or sexually explicit images by electronic means, establishing a private civil cause of action for sending unsolicited obscene or sexually explicit images by electronic means, and providing a penalty.
Prohibiting sending unsolicited obscene or sexually explicit images by electronic means, establishing a private civil cause of action for sending unsolicited obscene or sexually explicit images by electronic means, and providing a penalty.
To Amend The Unsolicited Commercial And Sexually Explicit Electronic Mail Prevention Act To Include Unsolicited Commercial And Sexually Explicit Text Messages.