THE MICHIGAN PENAL CODE
Act 328 of 1931
750.540 Use of electronic medium of communication; prohibited conduct; violation as felony; penalty; definitions.
Sec. 540.
(1) A person shall not willfully and maliciously cut, break, disconnect, interrupt, tap, or make any unauthorized connection with any electronic medium of communication, including the internet or a computer, computer program, computer system, or computer network, or a telephone.
(2) A person shall not willfully and maliciously read or copy any message from any telegraph, telephone line, wire, cable, computer network, computer program, or computer system, or telephone or other electronic medium of communication that the person accessed without authorization.
(3) A person shall not willfully and maliciously make unauthorized use of any electronic medium of communication, including the internet or a computer, computer program, computer system, or computer network, or telephone.
(4) A person shall not willfully and maliciously prevent, obstruct, or delay by any means the sending, conveyance, or delivery of any authorized communication, by or through any telegraph or telephone line, cable, wire, or any electronic medium of communication, including the internet or a computer, computer program, computer system, or computer network.
(5) A person who violates this section is guilty of a crime as follows:
(a) Except as provided in subdivision (b), the person is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both.
(b) If the incident to be reported results in injury to or the death of any person, the person violating this section is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.
(6) As used in this section:
(a) "Computer" means any connected, directly interoperable or interactive device, equipment, or facility that uses a computer program or other instructions to perform specific operations including logical, arithmetic, or memory functions with or on computer data or a computer program and that can store, retrieve, alter, or communicate the results of the operations to a person, computer program, computer, computer system, or computer network.
(b) "Computer network" means the interconnection of hardwire or wireless communication lines with a computer through remote terminals, or a complex consisting of 2 or more interconnected computers.
(c) "Computer program" means a series of internal or external instructions communicated in a form acceptable to a computer that directs the functioning of a computer, computer system, or computer network in a manner designed to provide or produce products or results from the computer, computer system, or computer network.
(d) "Computer system" means a set of related, connected or unconnected, computer equipment, devices, software, or hardware.
(e) "Internet" means that term as defined in section 230 of title II of the communications act of 1934, 47 USC 230, and includes voice over internet protocol services.
(7) 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 this section.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.540 ;-- Am. 2006, Act 60, Eff. June 1, 2006 ;-- Am. 2006, Act 61, Eff. June 1, 2006
FormerLaw Notes:
See section 1 of Act 113 of 1893, being CL 1897, § 11637; CL 1915, § 15403; and CL 1929, § 17046.
Notes of Decisions
Cited in
70
cases (
21 in the last 5 years), 1960–2026 · leading case:
People v. Traver, 917 N.W.2d 260 (Mich. 2017).
People v. Traver, 917 N.W.2d 260 (Mich. 2017).
“82 ; interference with electronic communications, MCL 750.540(5)(a) ; and possessing a firearm during the commission of a felony (felony-firearm), MCL 750.”
People v. Jackson, 769 N.W.2d 630 (Mich. 2009).
“3 MCL 750.540. 4 As a condition to receiving both trial and appellate counsel, defendant was required to sign forms provided by the county that acknowledged defendant’s obligation to reimburse the county for the cost of his court-appointed attorneys and the associated court…”
People v. Maben, 884 N.W.2d 314 (Mich. Ct. App. 2015).
“Maben contends that analogous felony offenses have been categorized as offenses against public order or public safety, and therefore, the misdemeanor offense should not be classified as an offense against a person or property, citing MCL 750.540 and MCL 750.167d. However, those…”
People v. Traver, 894 N.W.2d 89 (Mich. Ct. App. 2016).
“227, and interfering with electronic communications, MCL 750.540(5)(a). ii Traver’s appellate counsel contends that the trial court “deprived the jury of an understanding of what the Prosecutor had to prove beyond a reasonable doubt” by failing to read aloud the elements of the…”
Gamrat v. Allard, 320 F. Supp. 3d 927 (W.D. Mich. 2018).
“§ 750.540. The Michigan State Police Report of Extortion can be found at http://media.”
People v. Hotrum, 624 N.W.2d 469 (Mich. Ct. App. 2001).
· cites it 4× “The prosecution appeals by leave granted an order of the circuit court granting defendant’s motion to quash the information on a charge of cutting, breaking, or tapping telephone or telegraph wires, MCL 750.540; MSA 28.808. We reverse the circuit court’s order and remand for…”
People v. Maranian, 102 N.W.2d 568 (Mich. 1960).
“The defendant further claimed that the recordings were not admissible in evidence, since they were obtained in violation of CL 1948, § 750.540 (Stat Ann 1954 Rev § 28.808), which provides in part that it is a high misdemeanor for any person to “tap or make any connection with *…”
People of Michigan v. Ricky Theodore Stricklin, 912 N.W.2d 601 (Mich. Ct. App. 2018).
“3 The trial court acquitted defendant of interfering with an electronic communication, MCL 750.540(5)(a). 4 The trial court did not actually sentence defendant to a maximum sentence of life imprisonment; indeed, the maximum sentence imposed was less than the 15-year maximum…”
People of Michigan v. Scott Allen Campbell (Mich. Ct. App. 2018).
· cites it 5× “1 The charges originated from an altercation between defendant and his then-girlfriend, in which she alleged that he threw soup at her and smashed her cellular telephone when she stated that she was going to call the police.”
Walden 614234 v. Curley (W.D. Mich. 2023).
· cites it 4× “81d, and interfering with electronic communications, in violation of Mich. Comp. Laws § 750.540 (5)(a).1 On April 9, 2020, the court sentenced Petitioner as a fourth habitual offender, Mich.”
People of Michigan v. Trellas Alfred Braddock (Mich. Ct. App. 2015).
· cites it 4× “84(1)(b), and interference with electronic communications, MCL 750.540(4) and (5)(a). He was sentenced to 20 to 50 years’ imprisonment for the home invasion conviction, 10 to 50 years’ imprisonment for the assault conviction, and 2 to 15 years’ imprisonment for the conviction on…”
People of Michigan v. Jaqavice Deonnell Grace (Mich. Ct. App. 2016).
· cites it 2× “520b(1)(e) (aggravating circumstance of armed with a weapon), and an additional charge of felonious assault, MCL 750.82. Defendant was sentenced to 86 months to 15 years’ for unlawful imprisonment, 2 to 4 years’ for felonious assault, and 1 to 2 years’ for interference with…”
— Mich. Comp. Laws § 750.540(1) — 4 cases
— Mich. Comp. Laws § 750.540(2)(b) — 1 case
— Mich. Comp. Laws § 750.540(4) — 5 cases
People of Michigan v. Scott Allen Campbell (Mich. Ct. App. 2018).
“1 The charges originated from an altercation between defendant and his then-girlfriend, in which she alleged that he threw soup at her and smashed her cellular telephone when she stated that she was going to call the police.”
People of Michigan v. Trellas Alfred Braddock (Mich. Ct. App. 2015).
“84(1)(b), and interference with electronic communications, MCL 750.540(4) and (5)(a). He was sentenced to 20 to 50 years’ imprisonment for the home invasion conviction, 10 to 50 years’ imprisonment for the assault conviction, and 2 to 15 years’ imprisonment for the conviction on…”
— Mich. Comp. Laws § 750.540(5)(a) — 39 cases
People v. Traver, 917 N.W.2d 260 (Mich. 2017).
“82 ; interference with electronic communications, MCL 750.540(5)(a) ; and possessing a firearm during the commission of a felony (felony-firearm), MCL 750.”
People v. Traver, 894 N.W.2d 89 (Mich. Ct. App. 2016).
“227, and interfering with electronic communications, MCL 750.540(5)(a). ii Traver’s appellate counsel contends that the trial court “deprived the jury of an understanding of what the Prosecutor had to prove beyond a reasonable doubt” by failing to read aloud the elements of the…”
People of Michigan v. Ricky Theodore Stricklin, 912 N.W.2d 601 (Mich. Ct. App. 2018).
“3 The trial court acquitted defendant of interfering with an electronic communication, MCL 750.540(5)(a). 4 The trial court did not actually sentence defendant to a maximum sentence of life imprisonment; indeed, the maximum sentence imposed was less than the 15-year maximum…”
— Mich. Comp. Laws § 750.540(5)(b) — 2 cases
— Mich. Comp. Laws § 750.540(a) — 1 case
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