FRAUDULENT ACCESS TO COMPUTERS, COMPUTER SYSTEMS, AND COMPUTER NETWORKS
Act 53 of 1979
752.792 Definitions; A to D.
Sec. 2.
(1) "Access" means to instruct, communicate with, store data in, retrieve or intercept data from, or otherwise use the resources of a computer program, computer, computer system, or computer network.
(2) "Aggregate amount" means any direct or indirect loss incurred by a victim or group of victims including, but not limited to, the value of any money, property or service lost, stolen, or rendered unrecoverable by the offense, or any actual expenditure incurred by the victim or group of victims to verify that a computer program, computer, computer system, or computer network was not altered, acquired, damaged, deleted, disrupted, or destroyed by the access. The direct or indirect losses incurred in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value of the loss involved in the violation of this act.
(3) "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.
(4) "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.
(5) "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.
(6) "Computer system" means a set of related, connected or unconnected, computer equipment, devices, software, or hardware.
(7) "Device" includes, but is not limited to, an electronic, magnetic, electrochemical, biochemical, hydraulic, optical, or organic object that performs input, output, or storage functions by the manipulation of electronic, magnetic, or other impulses.
History: 1979, Act 53, Eff. Mar. 27, 1980 ;-- Am. 1996, Act 326, Eff. Apr. 1, 1997 ;-- Am. 2000, Act 181, Eff. Sept. 18, 2000
Notes of Decisions
Cited in
12
cases (
3 in the last 5 years), 1991–2024 · leading case:
People v. Loper, 830 N.W.2d 836 (Mich. Ct. App. 2013).
People v. Loper, 830 N.W.2d 836 (Mich. Ct. App. 2013).
“53 of the Public Acts of 1979, entitled “An act to prohibit access to computers, computer systems, and computer networks for certain fraudulent purposes; to prohibit intentional and unauthorized access, alteration, damage, and destruction of computers, computer systems, computer…”
People v. Robb, 215 P.3d 1253 (Colo. Ct. App. 2009).
“(quoting Mich. Comp. Laws § 752.792 (2)(1) ). In Jemison, the evidence at trial showed that the defendant completed paper documentation by hand containing fraudulent information and submitted it to her supervisor, who then gave the paperwork to a computer operator, who in turn…”
People v. Jemison, 466 N.W.2d 378 (Mich. Ct. App. 1991).
“MCL 752.792(1); MSA 28.529(2)(1) defines "access” as follows: "Access” means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise use the resources of, a computer, computer system, or computer network.”
People of Michigan v. Michael Anthony Greene (Mich. Ct. App. 2015).
· cites it 7× “In addition, MCL 752.792 and MCL 752.793 provide definitions for the relevant statutory terms “access,” “computer,” “computer network,” “computer program,” and “computer system.”
People of Michigan v. Lidia Elena Talaba (Mich. Ct. App. 2018).
· cites it 2× “The trial court, in dismissing that charge, determined that none of the equipment used by defendant qualified as a “computer” under MCL 752.792. That determination was a factual one, and was not based on admissible evidence; in fact, in making its determination the trial court…”
People of Michigan v. Lidia Elena Talaba (Mich. Ct. App. 2018).
· cites it 2× “The trial court, in dismissing that charge, determined that none of the equipment used by defendant qualified as a “computer” under MCL 752.792. That determination was a factual one, and was not based on admissible evidence; in fact, in making its determination the trial court…”
People of Michigan v. Gregory Lamont Glenn Jr (Mich. Ct. App. 2016).
“MCL 752.792 further provides the following relevant definitions: (1) “Access” means to instruct, communicate with, store data in, retrieve or intercept data from, or otherwise use the resources of a computer program, computer, computer system, or computer network.”
People of Michigan v. Dannie Vicente Hernandez (Mich. Ct. App. 2019).
“792(3), which provides: “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…”
People of Michigan v. Nicholas James Vontz (Mich. Ct. App. 2021).
“[MCL 752.792(3).] Defendant concedes that a cell phone satisfies the definition of a computer and that CL received the text messages on her cell phone.”
People of Michigan v. Douglas Tyler Lone (Mich. Ct. App. 2022).
“See MCL 752.792(3) (“ ‘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…”
People of Michigan v. Thomas William Wooten (Mich. Ct. App. 2015).
“Defendant’s “smart” phone qualifies as a “computer” under MCL 752.792(3), which defines a “computer” as any connected, directly interoperable or interactive device, equipment, or facility that uses a computer program or other instructions to perform specific operations including…”
— Mich. Comp. Laws § 752.792(1) — 2 cases
People v. Jemison, 466 N.W.2d 378 (Mich. Ct. App. 1991).
“MCL 752.792(1); MSA 28.529(2)(1) defines "access” as follows: "Access” means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise use the resources of, a computer, computer system, or computer network.”
People of Michigan v. Michael Anthony Greene (Mich. Ct. App. 2015).
“In addition, MCL 752.792 and MCL 752.793 provide definitions for the relevant statutory terms “access,” “computer,” “computer network,” “computer program,” and “computer system.”
— Mich. Comp. Laws § 752.792(3) — 6 cases
People of Michigan v. Dannie Vicente Hernandez (Mich. Ct. App. 2019).
“792(3), which provides: “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…”
People of Michigan v. Nicholas James Vontz (Mich. Ct. App. 2021).
“[MCL 752.792(3).] Defendant concedes that a cell phone satisfies the definition of a computer and that CL received the text messages on her cell phone.”
People of Michigan v. Douglas Tyler Lone (Mich. Ct. App. 2022).
“See MCL 752.792(3) (“ ‘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…”
People of Michigan v. Thomas William Wooten (Mich. Ct. App. 2015).
“Defendant’s “smart” phone qualifies as a “computer” under MCL 752.792(3), which defines a “computer” as any connected, directly interoperable or interactive device, equipment, or facility that uses a computer program or other instructions to perform specific operations including…”
— Mich. Comp. Laws § 752.792(4) — 1 case
People of Michigan v. Michael Anthony Greene (Mich. Ct. App. 2015).
“In addition, MCL 752.792 and MCL 752.793 provide definitions for the relevant statutory terms “access,” “computer,” “computer network,” “computer program,” and “computer system.”
— Mich. Comp. Laws § 752.792(5) — 1 case
People of Michigan v. Michael Anthony Greene (Mich. Ct. App. 2015).
“In addition, MCL 752.792 and MCL 752.793 provide definitions for the relevant statutory terms “access,” “computer,” “computer network,” “computer program,” and “computer system.”
— Mich. Comp. Laws § 752.792(6) — 1 case
People of Michigan v. Michael Anthony Greene (Mich. Ct. App. 2015).
“In addition, MCL 752.792 and MCL 752.793 provide definitions for the relevant statutory terms “access,” “computer,” “computer network,” “computer program,” and “computer system.”
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