FRAUDULENT ACCESS TO COMPUTERS, COMPUTER SYSTEMS, AND COMPUTER NETWORKS
Act 53 of 1979
752.795 Prohibited conduct.
Sec. 5.
A person shall not intentionally and without authorization or by exceeding valid authorization do any of the following:
(a) Access or cause access to be made to a computer program, computer, computer system, or computer network to acquire, alter, damage, delete, or destroy property or otherwise use the service of a computer program, computer, computer system, or computer network.
(b) Insert or attach or knowingly create the opportunity for an unknowing and unwanted insertion or attachment of a set of instructions or a computer program into a computer program, computer, computer system, or computer network, that is intended to acquire, alter, damage, delete, disrupt, or destroy property or otherwise use the services of a computer program, computer, computer system, or computer network. This subdivision does not prohibit conduct protected under section 5 of article I of the state constitution of 1963 or under the first amendment of the constitution of the United States.
History: 1979, Act 53, Eff. Mar. 27, 1980 ;-- Am. 1996, Act 326, Eff. Apr. 1, 1997
Notes of Decisions
Cited in
10
cases (
2 in the last 5 years), 1998–2023 · leading case:
People v. Golba, 729 N.W.2d 916 (Mich. Ct. App. 2007).
People v. Golba, 729 N.W.2d 916 (Mich. Ct. App. 2007).
· cites it 26× “145c(4), and one count of unauthorized access to computers, MCL 752.795. A jury convicted defendant of unauthorized access to computers.”
People v. Althoff, 760 N.W.2d 764 (Mich. Ct. App. 2008).
· cites it 6× “145c(4), and unauthorized access to computers, MCL 752.795. Golba, supra at 605 . A jury subsequently convicted the defendant of the latter offense and the trial court ordered him to register as a sex offender pursuant to MCL 28.”
People v. Bosca, 871 N.W.2d 307 (Mich. Ct. App. 2015).
“145(c)(4), (which is a listed offense under SORA), and unauthorized access to computers, MCL 752.795 (which is not a listed offense under SORA).”
Briggs v. State, 704 A.2d 904 (Md. 1998).
“§ 21-3755 (b)(3) (1995) (defining computer crime as "intentionally exceeding the limits of authorization” in conjunction with causing damage); Mich.Comp.Laws Ann. § 752.795 (West 1991 & Supp.”
People of Michigan v. Gregory Lamont Glenn Jr (Mich. Ct. App. 2016).
· cites it 22× “The unambiguous language of the statute makes clear that a violation has occurred when a defendant has: (1) intentionally and (2) without authorization or by exceeding valid authorization (3) accessed or caused access to be made to a computer program, computer, computer system,…”
People of Michigan v. Michael Anthony Greene (Mich. Ct. App. 2015).
· cites it 17× “Defendant, Michael Anthony Greene, appeals by right his conviction after a bench trial of unauthorized access to a computer, MCL 752.795. The trial court sentenced defendant to 18 months’ non-reporting probation.”
People of Michigan v. Leon Jermane Walker (Mich. 2012).
· cites it 8× “I concur in the denial of defendant’s application for leave to appeal because his alleged actions unquestionably fell within the range of conduct proscribed by MCL 752.795, and there is no contention by defendant that the statute is unconstitutional.”
20221229_C357544_49_357544.Opn.Pdf (Mich. Ct. App. 2022).
· cites it 2× “794, MCL 752.795, and MCL 752.796, and appears to suggest that Charles conspired with her to violate these statutes.”
Stacey Lynn Cammenga v. Michael Philip Cammenga (Mich. Ct. App. 2023).
· cites it 2× “” Here, the testimony shows that while Michael was sleeping, Stacey entered the password for his cell phone, accessed his text messages, and recorded several messages so that she could view them at her leisure.”
Sturgis v. Olson (E.D. Mich. 2020).
“, as well as the public act proscribing fraudulent access to computers, computer systems, and computer networks, MCL 752.795 et seq., and the Code of Criminal Procedure, MCL 760.”
— Mich. Comp. Laws § 752.795(a) — 1 case
People of Michigan v. Gregory Lamont Glenn Jr (Mich. Ct. App. 2016).
“The unambiguous language of the statute makes clear that a violation has occurred when a defendant has: (1) intentionally and (2) without authorization or by exceeding valid authorization (3) accessed or caused access to be made to a computer program, computer, computer system,…”
— Mich. Comp. Laws § 752.795(a)(1) — 1 case
People of Michigan v. Michael Anthony Greene (Mich. Ct. App. 2015).
“Defendant, Michael Anthony Greene, appeals by right his conviction after a bench trial of unauthorized access to a computer, MCL 752.795. The trial court sentenced defendant to 18 months’ non-reporting probation.”
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