Michigan Compiled Laws
328-1931-LXXXII - Chapter LXXXII Telegraph and Telephone (750.539...750.540h)
Section 750.540e - Malicious Use of Service Provided by Telecommunications Service Provider.

Sec. 540e.
(1) A person is guilty of a misdemeanor who maliciously uses any service provided by a telecommunications service provider with intent to terrorize, frighten, intimidate, threaten, harass, molest, or annoy another person, or to disturb the peace and quiet of another person by any of the following:
(a) Threatening physical harm or damage to any person or property in the course of a conversation or message through the use of a telecommunications service or device.
(b) Falsely and deliberately reporting by message through the use of a telecommunications service or device that a person has been injured, has suddenly taken ill, has suffered death, or has been the victim of a crime or an accident.
(c) Deliberately refusing or failing to disengage a connection between a telecommunications device and another telecommunications device or between a telecommunications device and other equipment provided for the transmission of messages through the use of a telecommunications service or device.
(d) Using vulgar, indecent, obscene, or offensive language or suggesting any lewd or lascivious act in the course of a conversation or message through the use of a telecommunications service or device.
(e) Repeatedly initiating a telephone call and, without speaking, deliberately hanging up or breaking the telephone connection as or after the telephone call is answered.
(f) Making an unsolicited commercial telephone call that is received between the hours of 9 p.m. and 9 a.m. For the purpose of this subdivision, "an unsolicited commercial telephone call" means a call made by a person or recording device, on behalf of a person, corporation, or other entity, soliciting business or contributions.
(g) Deliberately engaging or causing to engage the use of a telecommunications service or device of another person in a repetitive manner that causes interruption in telecommunications service or prevents the person from utilizing his or her telecommunications service or device.
(2) A person violating this section may be imprisoned for not more than 6 months or fined not more than $1,000.00, or both. An offense is committed under this section if the communication either originates or terminates in this state and may be prosecuted at the place of origination or termination.
(3) As used in this section, "telecommunications", "telecommunications service", and "telecommunications device" mean those terms as defined in section 540c.
History: Add. 1969, Act 328, Eff. Mar. 20, 1970 ;-- Am. 1988, Act 395, Eff. Mar. 30, 1989 ;-- Am. 2002, Act 577, Eff. Nov. 1, 2002

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.