Michigan Compiled Laws
328-1931-LXXXII - Chapter LXXXII Telegraph and Telephone (750.539...750.540h)
Section 750.539d - Installation, Placement, or Use of Device for Observing, Recording, Transmitting, Photographing or Eavesdropping in Private Place.

Sec. 539d.
(1) Except as otherwise provided in this section, a person shall not do either of the following:
(a) Install, place, or use in any private place, without the consent of the person or persons entitled to privacy in that place, any device for observing, recording, transmitting, photographing, or eavesdropping upon the sounds or events in that place.
(b) Distribute, disseminate, or transmit for access by any other person a recording, photograph, or visual image the person knows or has reason to know was obtained in violation of this section.
(2) This section does not prohibit security monitoring in a residence if conducted by or at the direction of the owner or principal occupant of that residence unless conducted for a lewd or lascivious purpose.
(3) A person who violates or attempts to violate this section is guilty of a crime as follows:
(a) For a violation or attempted violation of subsection (1)(a):
(i) Except as provided in subparagraph (ii), the person is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.
(ii) If the person was previously convicted of violating or attempting to violate this section, the person 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.
(b) For a violation or attempted violation of subsection (1)(b), the person 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.
(4) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law committed by that person while violating or attempting to violate subsection (1)(a) or (b).
History: Add. 1966, Act 319, Eff. Mar. 10, 1967 ;-- Am. 2004, Act 156, Eff. Sept. 1, 2004

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 750 - Michigan Penal Code

Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568)

328-1931-LXXXII - Chapter LXXXII Telegraph and Telephone (750.539...750.540h)

Section 750.539 - Divulging Contents of Messages.

Section 750.539a - Definitions.

Section 750.539b - Trespassing for Purpose of Eavesdropping or Surveillance.

Section 750.539c - Eavesdropping Upon Private Conversation.

Section 750.539d - Installation, Placement, or Use of Device for Observing, Recording, Transmitting, Photographing or Eavesdropping in Private Place.

Section 750.539e - Use or Divulgence of Information Unlawfully Obtained.

Section 750.539f - Unlawful Manufacture, Possession or Transfer of Eavesdropping Devices.

Section 750.539g - Exceptions.

Section 750.539h - Civil Remedies.

Section 750.539i - Proof of Installation of Device as Prima Facie Evidence of Violation.

Section 750.539j - Surveillance of or Distribution, Dissemination, or Transmission of Recording, Photograph, or Visual Image of Individual Having Reasonable Expectation of Privacy; Prohibited Conduct; Violation as Felony; Penalty; Exceptions; “Survei...

Section 750.539k - Personal Identifying Information; Prohibited Conduct; Exception; Violation as Felony; Penalty; Definitions.

Section 750.539l - Tracking Device; Placement or Installment on Motor Vehicle Without Consent; Violation as Misdemeanor; Penalty; Exemptions; Inapplicability of Subsection (2)(j); Liability for Damages; Definitions.

Section 750.540 - Use of Electronic Medium of Communication; Prohibited Conduct; Violation as Felony; Penalty; Definitions.

Section 750.540a - Party Line, Emergency, Defined; Refusal to Yield or Surrender Use of Line; Pretext; Penalty.

Section 750.540b - Notice Contained in Telephone Directory, Printing; Exception.

Section 750.540c - Prohibited Conduct With Regard to Telecommunications Access Device; “Materials” Defined; Violation as Felony; Penalty; Amateur Radio Service; Forfeiture; Order; Definitions.

Section 750.540d - Seizure of Devices, Plans, Instructions, or Materials.

Section 750.540e - Malicious Use of Service Provided by Telecommunications Service Provider.

Section 750.540f - Telecommunications Access Device; Use in Violation of MCL 750.219a; Misdemeanor; Violation of Subsection (1) and Previous Conviction as Felony; Prior Conviction; Definitions.

Section 750.540g - Telecommunications Service; Unauthorized Use by Officer, Shareholder, Partner, Employee, Agent, or Independent Contractor; Use in Separate Incidents Pursuant to Scheme or Course of Conduct; Enhanced Sentence Based on Prior Convicti...

Section 750.540h - Intent to Permit or Obtain Unauthorized Receipt of Telecommunications Service.