Mich. Comp. Laws » Michigan Compiled Laws / Chapter 750 / Act 328 of 1931
Michigan Compiled Laws

Mich. Comp. Laws § 750.539a (2026)

Definitions.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.539a Definitions.

Sec. 539a.

    As used in sections 539a to 539i:

    (1) "Private place" means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance but does not include a place to which the public or substantial group of the public has access.

    (2) "Eavesdrop" or "eavesdropping" means to overhear, record, amplify or transmit any part of the private discourse of others without the permission of all persons engaged in the discourse. Neither this definition or any other provision of this act shall modify or affect any law or regulation concerning interception, divulgence or recording of messages transmitted by communications common carriers.

    (3) "Surveillance" means to secretly observe the activities of another person for the purpose of spying upon and invading the privacy of the person observed.

    (4) "Person" means any individual, partnership, corporation or association.

History: Add. 1966, Act 319, Eff. Mar. 10, 1967

Notes of Decisions
Cited in 30 cases (7 in the last 5 years), 1975–2026 · leading case: Lewis v. LeGrow, 670 N.W.2d 675 (Mich. Ct. App. 2003).
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Lewis v. LeGrow, 670 N.W.2d 675 (Mich. Ct. App. 2003). · cites it 4× “539: (1) "Private place" means a place where one may reasonable [sic] expect to be safe from casual or hostile intrusion or surveillance but does not include a place to which the public or substantial group of the public has access.”
People v. Stone, 621 N.W.2d 702 (Mich. 2001). · cites it 3× “Applying the same concepts the Legislature used to define those places that are private, we can define those conversations that are private.”
Sullivan v. Gray, 324 N.W.2d 58 (Mich. Ct. App. 1982). · cites it 5× “MCL 750.539a(2); MSA 28.807(1)(2) expressly defines the term "eavesdrop": "`Eavesdrop' or `eavesdropping' means to overhear, record, amplify or transmit any part of the private discourse of others without the permission of all persons engaged in the discourse.”
People v. Lucas, 470 N.W.2d 460 (Mich. Ct. App. 1991). · cites it 3× “On appeal, defendant claims that any information gained from the phone calls should have been suppressed because Commander Turner, in answering the mobile phone, violated MCL 750.539a et seq.; MSA 28.807(1) et seq.”
People v. Abate, 306 N.W.2d 476 (Mich. Ct. App. 1981). · cites it 3× “MCL 750.539a(3); MSA 28.807(1)(3) states: " 'Surveillance’ means to secretly observe the activities of another person for the purpose of spying upon and invading the privacy of the person observed.”
Mlive Media Grp. v. City of Grand Rapdis, 909 N.W.2d 282 (Mich. Ct. App. 2017). “, and Michigan's eavesdropping statutes, MCL 750.539a et seq . The City denied violating the statutes.”
Dickerson v. Raphael, 564 N.W.2d 85 (Mich. Ct. App. 1997). · cites it 3× “These defendants misapprehend the Michigan statutes. Even if they acted as agents of a participant in the conversation, they nonetheless used a device to eavesdrop “upon the conversation without the consent of all parties thereto,” contrary to MCL 750.”
People v. Warner, 258 N.W.2d 385 (Mich. 1977). · cites it 2× “The Michigan Legislature has declared the policy of this state in the Michigan act in no uncertain terms — I shouldn't say no uncertain terms, there are many uncertain terms therein — but in no uncertain terms, at least on this aspect of the controversy, MCLA 750.539a through…”
People v. Livingston, 236 N.W.2d 63 (Mich. Ct. App. 1975). · cites it 2× “That the tapes were obtained in violation of the Michigan wiretapping act, MCLA 750.539a et seq.; MSA 28.807(1) et seq.”
Bowens v. Aftermath Ent., 254 F. Supp. 2d 629 (E.D. Mich. 2003). “In counts five, six, seven, eight and nine, Plaintiffs alleged violations of the Michigan Eavesdropping Statutes, Michigan Compiled Laws § 750.539a et seq. In counts ten, eleven, twelve, thirteen, and fourteen, Plaintiffs alleged false light-invasion of privacy, misappropriation…”
People v. Stone, 593 N.W.2d 680 (Mich. Ct. App. 1999). · cites it 8× “MCL 750.539a(2); MSA 28.807(1)(2) defines the term "eavesdrop" as "to overhear, record, amplify or transmit any part of the private discourse of others without the permission of all persons engaged in the discourse.”
Williams v. Williams, 581 N.W.2d 777 (Mich. Ct. App. 1998). “” MCL 750.539a(2); MSA 28.807(1)(2). Thus, defendants’ argument is apparently that the subject conversations should not be considered “the private discourse of others” because defendant Brent Williams was a vicarious participant in the conversation by virtue of his role as…”
Show all 30 citing cases →
— Mich. Comp. Laws § 750.539a(1) — 3 cases
People v. Stone, 621 N.W.2d 702 (Mich. 2001). “Applying the same concepts the Legislature used to define those places that are private, we can define those conversations that are private.”
People of Michigan v. Jason Lanelle Townsend (Mich. Ct. App. 2018).
Johnny Zaitona v. John Leonowicz (Mich. Ct. App. 2026).
— Mich. Comp. Laws § 750.539a(2) — 15 cases
Sullivan v. Gray, 324 N.W.2d 58 (Mich. Ct. App. 1982). “MCL 750.539a(2); MSA 28.807(1)(2) expressly defines the term "eavesdrop": "`Eavesdrop' or `eavesdropping' means to overhear, record, amplify or transmit any part of the private discourse of others without the permission of all persons engaged in the discourse.”
People v. Stone, 621 N.W.2d 702 (Mich. 2001). “Applying the same concepts the Legislature used to define those places that are private, we can define those conversations that are private.”
Dickerson v. Raphael, 564 N.W.2d 85 (Mich. Ct. App. 1997). “These defendants misapprehend the Michigan statutes. Even if they acted as agents of a participant in the conversation, they nonetheless used a device to eavesdrop “upon the conversation without the consent of all parties thereto,” contrary to MCL 750.”
People v. Stone, 593 N.W.2d 680 (Mich. Ct. App. 1999). “MCL 750.539a(2); MSA 28.807(1)(2) defines the term "eavesdrop" as "to overhear, record, amplify or transmit any part of the private discourse of others without the permission of all persons engaged in the discourse.”
People v. Lucas, 470 N.W.2d 460 (Mich. Ct. App. 1991). “On appeal, defendant claims that any information gained from the phone calls should have been suppressed because Commander Turner, in answering the mobile phone, violated MCL 750.539a et seq.; MSA 28.807(1) et seq.”
— Mich. Comp. Laws § 750.539a(3) — 2 cases
Lewis v. LeGrow, 670 N.W.2d 675 (Mich. Ct. App. 2003). “539: (1) "Private place" means a place where one may reasonable [sic] expect to be safe from casual or hostile intrusion or surveillance but does not include a place to which the public or substantial group of the public has access.”
People v. Abate, 306 N.W.2d 476 (Mich. Ct. App. 1981). “MCL 750.539a(3); MSA 28.807(1)(3) states: " 'Surveillance’ means to secretly observe the activities of another person for the purpose of spying upon and invading the privacy of the person observed.”
— Mich. Comp. Laws § 750.539a(l) — 2 cases
People v. Stone, 621 N.W.2d 702 (Mich. 2001). “Applying the same concepts the Legislature used to define those places that are private, we can define those conversations that are private.”
People v. Abate, 306 N.W.2d 476 (Mich. Ct. App. 1981). “MCL 750.539a(3); MSA 28.807(1)(3) states: " 'Surveillance’ means to secretly observe the activities of another person for the purpose of spying upon and invading the privacy of the person observed.”
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