FRAUDULENT ACCESS TO COMPUTERS, COMPUTER SYSTEMS, AND COMPUTER NETWORKS
Act 53 of 1979
752.796 Use of computer program, computer, computer system, or computer network to commit crime.
Sec. 6.
(1) A person shall not use a computer program, computer, computer system, or computer network to commit, attempt to commit, conspire to commit, or solicit another person to commit a crime.
(2) 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, including the underlying offense.
(3) This section applies regardless of whether the person is convicted of committing, attempting to commit, conspiring to commit, or soliciting another person to commit the underlying offense.
History: 1979, Act 53, Eff. Mar. 27, 1980 ;-- Am. 1996, Act 326, Eff. Apr. 1, 1997 ;-- Am. 2000, Act 179, Eff. Sept. 18, 2000
Notes of Decisions
Cited in
102
cases (
46 in the last 5 years), 2006–2026 · 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).
· cites it 27× “145c(4)(a), and to one count of using a computer to commit a crime, MCL 752.796. Defendant was sentenced to 23 months to 7 years’ imprisonment for the use of a computer to commit a crime, and to 357 days in jail for the possession of child sexually abusive material.”
People v. Harrison, 768 N.W.2d 98 (Mich. Ct. App. 2009).
· cites it 6× “255, and two counts of using a computer to commit a crime, MCL 752.796, MCL 752.797(3)(d), and MCL 752.”
People of Michigan v. Susan Hernandez-Zitka, 922 N.W.2d 696 (Mich. Ct. App. 2018).
· cites it 5× “The circuit court, however, entered orders granting defendants' motions to quash the amended information and dismissing all charges.”
People v. Agar, 887 N.W.2d 662 (Mich. Ct. App. 2016).
· cites it 4× “Defendant was sentenced to serve 18 months to 7 years for his convictions of distribution and use of a computer to commit a crime, 18 months to 4 years for each count of possession, and 1 to 2 years for resisting and obstructing a police officer, the sentences to be served…”
People v. Sardy, 884 N.W.2d 808 (Mich. Ct. App. 2015).
· cites it 6× “145c, using a computer to commit a crime, MCL 752.796, and two counts of second-degree criminal sexual conduct (CSC II), MCL 750.”
People v. Osantowski, 748 N.W.2d 799 (Mich. 2008).
· cites it 2× “543m, using a computer to commit a crime, MCL 752.796, and possession of a firearm during the commission of a felony (felony-firearm), MCL 750.”
People v. Hill, 715 N.W.2d 301 (Mich. Ct. App. 2006).
· cites it 3× “145c(2); and multiple counts of using a computer to commit a crime, MCL 752.796. Two witnesses testified on behalf of the prosecution during defendant’s preliminary examination.”
People v. Hill, 786 N.W.2d 601 (Mich. 2010).
· cites it 2× “[2] Defendant was also convicted of five counts of using a computer to commit a crime, MCL 752.796 and MCL 752.797(3)(f), and three counts of installing a device for observing, photographing, or eavesdropping in a private place, MCL 750.”
People v. Osantowski, 736 N.W.2d 289 (Mich. Ct. App. 2007).
· cites it 2× “543m; using a computer to commit a crime, MCL 752.796 and MCL 752.797(3)(f); and possession of a firearm during the commission of a felony (felony-firearm), MCL 750.”
People v. Gingrich, 862 N.W.2d 432 (Mich. Ct. App. 2014).
“145c(4), and two counts of using a computer to commit a crime, MCL 752.796. At the preliminary examination, Chad Vandepanne, a computer repair technician for Best Buy, testified that he received a work order to perform a “diagnostic repair with a backup” on defendant’s computer.”
People v. Zujko, 765 N.W.2d 897 (Mich. Ct. App. 2008).
“145c(4), and three counts of using a computer to commit a crime, MCL 752.796; MCL 752.797(3)(d). Defendant pleaded guilty to one count of use of a computer to commit a crime in return for dismissal of the other charges.”
People of Michigan v. Jason Allen Tanis (Mich. Ct. App. 2023).
· cites it 14× “The trial court sentenced defendant to consecutive prison terms of 60 to 120 months for aggravated possession of child sexually abusive material and 15 to 120 months for using a computer to commit a crime. For the reasons stated in this opinion, we affirm.”
— Mich. Comp. Laws § 752.796(1) — 29 cases
People v. Loper, 830 N.W.2d 836 (Mich. Ct. App. 2013).
“145c(4)(a), and to one count of using a computer to commit a crime, MCL 752.796. Defendant was sentenced to 23 months to 7 years’ imprisonment for the use of a computer to commit a crime, and to 357 days in jail for the possession of child sexually abusive material.”
People v. Harrison, 768 N.W.2d 98 (Mich. Ct. App. 2009).
“255, and two counts of using a computer to commit a crime, MCL 752.796, MCL 752.797(3)(d), and MCL 752.”
People v. Sardy, 884 N.W.2d 808 (Mich. Ct. App. 2015).
“145c, using a computer to commit a crime, MCL 752.796, and two counts of second-degree criminal sexual conduct (CSC II), MCL 750.”
People v. Osantowski, 736 N.W.2d 289 (Mich. Ct. App. 2007).
“543m; using a computer to commit a crime, MCL 752.796 and MCL 752.797(3)(f); and possession of a firearm during the commission of a felony (felony-firearm), MCL 750.”
— Mich. Comp. Laws § 752.796(2) — 1 case
— Mich. Comp. Laws § 752.796(3) — 1 case
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