reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.629a - Annual Report.

722.629a Annual report.
Sec. 9a.
The agency within the department that is responsible for administering and providing services under this act must make an annual comprehensive report to the legislature that includes at least all of the following:
(a) Statistical information including at least all of the following:
(i) Total reports of abuse and neglect investigated under this act and the number that were confirmed and not confirmed.
(ii) Characteristics of perpetrators of child abuse and child neglect and the child victims such as age, sex, relationship, socioeconomic status, race, and ethnicity.
(iii) The occupation or description listed under section 3 in which the individual who made the report fits, or other description if the individual is not within a group required to report under this act.
(iv) Statistics relating to the central registry such as number of individuals and their characteristics.
(v) Statistics relating to the basis for determining that reported cases of child abuse or child neglect are not confirmed.
(b) Policy related to child protective services including, but not limited to, major policy changes and court decisions affecting the administration of this act.
History:
Add. 1998, Act 428, Eff. Apr. 1, 1999 ;-- Am. 2022, Act 66, Eff. Nov. 1, 2022
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.630 - Lawyer-Guardian Ad Litem.

722.630 Lawyer-guardian ad litem.
Sec. 10.
In each case filed under this act in which judicial proceedings are necessary, the court shall appoint a lawyer-guardian ad litem to represent the child. A lawyer-guardian ad litem represents the child and has powers and duties in relation to that representation as set forth in section 17d of chapter XIIA of 1939 PA 288, MCL 712A.17d. All provisions of section 17d of chapter XIIA of 1939 PA 288, MCL 712A.17d, apply to a lawyer-guardian ad litem appointed under this act.
History:
1975, Act 238, Eff. Oct. 1, 1975 ;-- Am. 1998, Act 483, Eff. Mar. 1, 1999
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.631 - Privileged Communications.

722.631 Privileged communications.
Sec. 11.
Any legally recognized privileged communication except that between attorney and client or that made to a member of the clergy in his or her professional character in a confession or similarly confidential communication is abrogated and shall not constitute grounds for excusing a report otherwise required to be made or for excluding evidence in a civil child protective proceeding resulting from a report made pursuant to this act. This section does not relieve a member of the clergy from reporting suspected child abuse or child neglect under section 3 if that member of the clergy receives information concerning suspected child abuse or child neglect while acting in any other capacity listed under section 3.
History:
1975, Act 238, Eff. Oct. 1, 1975 ;-- Am. 2002, Act 693, Eff. Mar. 1, 2003
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.632 - Report to Law Enforcement Officials or Probate Court.

722.632 Report to law enforcement officials or probate court.
Sec. 12.
This act shall not prohibit a person who has reasonable cause to suspect child abuse or neglect from making a report to the appropriate law enforcement officials or probate court.
History:
1975, Act 238, Eff. Oct. 1, 1975
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.632a - Investigations by Hospital, School, or Other Agency.

722.632a Investigations by hospital, school, or other agency.
Sec. 12a.
This act does not preclude or hinder a hospital, school, or other agency from investigating reported claims of child abuse or neglect by its employees or from taking disciplinary action based upon that investigation against its employees.
History:
Add. 1988, Act 372, Eff. Mar. 30, 1989
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.633 - Failure to Report Suspected Child Abuse or Neglect; Damages; Violation as Misdemeanor; Unauthorized Dissemination of Information as Misdemeanor; Civil Liability; Maintaining Report or Record Required to Be Expunged as Misdemeanor; False Report of Child Abuse or Neglect.

722.633 Failure to report suspected child abuse or neglect; damages; violation as misdemeanor; unauthorized dissemination of information as misdemeanor; civil liability; maintaining report or record required to be expunged as misdemeanor; false report of child abuse or neglect.
Sec. 13.
(1) A person who is required by this act to report an instance of suspected child abuse or neglect and who fails to do so is civilly liable for the damages proximately caused by the failure.
(2) A person who is required by this act to report an instance of suspected child abuse or neglect and who knowingly fails to do so is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(3) Except as provided in section 7, a person who disseminates, or who permits or encourages the dissemination of, information contained in the central registry and in reports and records made as provided in this act is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both, and is civilly liable for the damages proximately caused by the dissemination.
(4) A person who willfully maintains a report or record required to be expunged under section 7 is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.
(5) A person who intentionally makes a false report of child abuse or neglect under this act knowing that the report is false is guilty of a crime as follows:
(a) If the child abuse or neglect reported would not constitute a crime or would constitute a misdemeanor if the report were true, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.
(b) If the child abuse or neglect reported would constitute a felony if the report were true, the person is guilty of a felony punishable by the lesser of the following:
(i) The penalty for the child abuse or neglect falsely reported.
(ii) Imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.
History:
1975, Act 238, Eff. Oct. 1, 1975 ;-- Am. 1978, Act 252, Eff. Mar. 30, 1979 ;-- Am. 1984, Act 418, Eff. Mar. 29, 1985 ;-- Am. 1988, Act 372, Eff. Mar. 30, 1989 ;-- Am. 1993, Act 56, Imd. Eff. June 9, 1993 ;-- Am. 1994, Act 393, Imd. Eff. Dec. 29, 1994 ;-- Am. 1996, Act 309, Eff. Jan. 1, 1997 ;-- Am. 2002, Act 14, Imd. Eff. Feb. 19, 2002
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.634 - Religious Beliefs.

722.634 Religious beliefs.
Sec. 14.
A parent or guardian legitimately practicing his religious beliefs who thereby does not provide specified medical treatment for a child, for that reason alone shall not be considered a negligent parent or guardian. This section shall not preclude a court from ordering the provision of medical services or nonmedical remedial services recognized by state law to a child where the child's health requires it nor does it abrogate the responsibility of a person required to report child abuse or neglect.
History:
1975, Act 238, Eff. Oct. 1, 1975
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.635 - Repeal of MCL 722.571 to 722.575.

722.635 Repeal of MCL 722.571 to 722.575.
Sec. 15.
Act No. 98 of the Public Acts of 1964, being sections 722.571 to 722.575 of the Compiled Laws of 1970, is repealed.
History:
1975, Act 238, Eff. Oct. 1, 1975
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.636 - Effective Date.

722.636 Effective date.
Sec. 16.
This act shall take effect October 1, 1975.
History:
1975, Act 238, Eff. Oct. 1, 1975
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 238 of 1975 - Child Protection Law (722.621 - 722.638) › Section 722.637 - Submission of Petition for Authorization Under MCL 712a.2; Exception.

722.637 Submission of petition for authorization under MCL 712A.2; exception.
Sec. 17.
(1) Except as provided in subsection (2), within 24 hours after the department determines that a child was severely physically injured as defined in section 8, sexually abused, or allowed to be exposed to or have contact with methamphetamine production, the department shall submit a petition for authorization by the court under section 2(b) of chapter XIIA of 1939 PA 288, MCL 712A.2.
(2) The department is not required to file a petition for authorization by the court as described in subsection (1) if the department determines that the parent or legal guardian is not a suspected perpetrator of the abuse and the department determines that all of the following apply:
(a) The parent or legal guardian did not neglect or fail to protect the child.
(b) The parent or legal guardian does not have a historical record that shows a documented pattern of neglect or failing to protect the child.
(c) The child is safe in the parent's or legal guardian's care.
History:
Add. 1997, Act 168, Eff. Mar. 31, 1998 ;-- Am. 2006, Act 256, Imd. Eff. July 6, 2006 ;-- Am. 2006, Act 630, Imd. Eff. Jan. 3, 2007
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 31 of 1915 - Youth Tobacco Act (722.641 - 722.645) › Section 722.642a - Selling Cigarette Separately Prohibited; Exception; Violation as Misdemeanor; Penalty.

722.642a Selling cigarette separately prohibited; exception; violation as misdemeanor; penalty.
Sec. 2a.
(1) Except as otherwise provided in subsection (2), a person who sells tobacco products at retail shall not sell a cigarette separately from its package.
(2) Subsection (1) does not apply to a person who sells tobacco products at retail in a tobacco specialty retail store or other retail store that deals exclusively in the sale of tobacco products and smoking paraphernalia.
(3) A person who violates subsection (1) is guilty of a misdemeanor, punishable by a fine of not more than $500.00 for each offense.
History:
Add. 1992, Act 272, Imd. Eff. Dec. 16, 1992
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 31 of 1915 - Youth Tobacco Act (722.641 - 722.645) › Section 722.642b - Selling Liquid Nicotine Container That Doesn’t Meet Child-Resistant Standards Prohibited; Violation as Misdemeanor; Penalty; Definitions.

722.642b Selling liquid nicotine container that doesn’t meet child-resistant standards prohibited; violation as misdemeanor; penalty; definitions.
Sec. 2b.
(1) A person shall not sell in this state a liquid nicotine container unless the liquid nicotine container meets the child-resistant effectiveness standards of 16 CFR 1700.15(b).
(2) A person who violates subsection (1) is guilty of a misdemeanor punishable by a fine of not more than $50.00 for each violation.
(3) As used in this section:
(a) "Liquid nicotine" means a liquid or other substance containing nicotine in any concentration that is sold, marketed, or intended for use in a noncombustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine or any other substance, and the use or inhalation of which simulates smoking.
(b) "Liquid nicotine container" means a bottle or other container holding liquid nicotine in any concentration but does not include a cartridge containing liquid nicotine if the cartridge is prefilled and sealed by the manufacturer of the cartridge and is not intended to be opened by the consumer.
History:
Add. 2019, Act 17, Eff. Sept. 2, 2019
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 31 of 1915 - Youth Tobacco Act (722.641 - 722.645) › Section 722.642c - Requirements for Selling and Displaying of Vapor Products; Violation as Civil Infraction; Fine.

722.642c Requirements for selling and displaying of vapor products; violation as civil infraction; fine.
Sec. 2c.
A person who sells vapor products or alternative nicotine products at retail shall not display for sale in this state a vapor product unless the vapor product is stored for sale behind a counter in an area accessible only to employees or within a locked case so that a customer wanting access to the vapor product must ask an employee for assistance. A person who violates this section is responsible for a state civil infraction and shall be fined not more than $500.00.
History:
Add. 2019, Act 17, Eff. Sept. 2, 2019
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 31 of 1915 - Youth Tobacco Act (722.641 - 722.645) › Section 722.643 - Noninterference With Right of Parent or Guardian.

722.643 Noninterference with right of parent or guardian.
Sec. 3.
This act does not interfere with the right of a parent or legal guardian in the rearing and management of his or her minor children or wards within the bounds of his or her own private premises.
History:
1915, Act 31, Eff. Aug. 24, 1915 ;-- CL 1915, 5187 ;-- CL 1929, 12828 ;-- CL 1948, 722.643 ;-- Am. 1972, Act 29, Imd. Eff. Feb. 19, 1972 ;-- Am. 1988, Act 314, Eff. Mar. 30, 1989
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 31 of 1915 - Youth Tobacco Act (722.641 - 722.645) › Section 722.644 - Definitions.

722.644 Definitions.
Sec. 4.
As used in this act:
(a) "Alternative nicotine product" means a noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. Alternative nicotine product does not include a tobacco product, a vapor product, food, or a product regulated as a drug or device by the United States Food and Drug Administration under 21 USC 351 to 360fff-7.
(b) "Minor" means an individual who is less than 21 years of age.
(c) "Person who sells vapor products or alternative nicotine products at retail" means a person whose ordinary course of business consists, in whole or in part, of the retail sale of vapor products or alternative nicotine products.
(d) "Person who sells tobacco products at retail" means a person whose ordinary course of business consists, in whole or in part, of the retail sale of tobacco products subject to state sales tax.
(e) "Public place" means a public street, sidewalk, or park or any area open to the general public in a publicly owned or operated building or public place of business.
(f) "Tobacco product" means a product that contains tobacco and is intended for human consumption, including, but not limited to, a cigarette, noncigarette smoking tobacco, or smokeless tobacco, as those terms are defined in section 2 of the tobacco products tax act, 1993 PA 327, MCL 205.422, and a cigar.
(g) "Use a tobacco product, vapor product, or alternative nicotine product" means to smoke, chew, suck, inhale, or otherwise consume a tobacco product, vapor product, or alternative nicotine product.
(h) "Vapor product" means a noncombustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine or any other substance, and the use or inhalation of which simulates smoking. Vapor product includes an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and a vapor cartridge or other container of nicotine or other substance in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. Vapor product does not include a product regulated as a drug or device by the United States Food and Drug Administration under 21 USC 351 to 360fff-7.
History:
Add. 1988, Act 314, Eff. Mar. 30, 1989 ;-- Am. 1992, Act 272, Imd. Eff. Dec. 16, 1992 ;-- Am. 2006, Act 236, Eff. Sept. 1, 2006 ;-- Am. 2019, Act 18, Eff. Sept. 2, 2019 ;-- Am. 2022, Act 167, Imd. Eff. July 21, 2022
Compiler's Notes:
Previous section 4 of this act was not compiled. See Act 267 of 1945, Obsolete and inoperative laws repealed.
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 31 of 1915 - Youth Tobacco Act (722.641 - 722.645) › Section 722.645 - Short Title.

722.645 Short title.
Sec. 5.
This act shall be known and may be cited as the "youth tobacco act".
History:
Add. 1988, Act 314, Eff. Mar. 30, 1989
2023 Michigan Compiled Laws › Chapter 722 - Children › Repealed - Act 77 of 1889 - Selling or Furnishing Tobacco to Minors (722.651 - 722.652)

SELLING OR FURNISHING TOBACCO TO MINORS
Act 77 of 1889
722.651,722.652 Repealed. 1988, Act 314, Eff. Mar. 30, 1989.
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 33 of 1978 - Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors (722.671 - 722.693) › 33-1978-I - Part I Sexually Explicit Matter (722.671...722.684) › Section 722.671 - Definitions Generally.

722.671 Definitions generally.
Sec. 1.
As used in this part:
(a) "Display" means to put or set out to view or to make visible.
(b) "Disseminate" means to sell, lend, give, exhibit, show, or allow to examine or to offer or agree to do the same.
(c) "Exhibit" means to do 1 or more of the following:
(i) Present a performance.
(ii) Sell, give, or offer to agree to sell or give a ticket to a performance.
(iii) Admit a minor to premises where a performance is being presented or is about to be presented.
(d) "Minor" means a person less than 18 years of age.
(e) "Restricted area" means any of the following:
(i) An area where sexually explicit matter is displayed only in a manner that prevents public view of the lower 2/3 of the matter's cover or exterior.
(ii) A building, or a distinct and enclosed area or room within a building, if access by minors is prohibited, notice of the prohibition is prominently displayed, and access is monitored to prevent minors from entering.
(iii) An area with at least 75% of its perimeter surrounded by walls or solid, nontransparent dividers that are sufficiently high to prevent a minor in a nonrestricted area from viewing sexually explicit matter within the perimeter if the point of access provides prominent notice that access to minors is prohibited.
History:
1978, Act 33, Eff. June 1, 1978 ;-- Am. 2003, Act 192, Eff. Jan. 1, 2004 ;-- Am. 2005, Act 108, Eff. Dec. 1, 2005
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 33 of 1978 - Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors (722.671 - 722.693) › 33-1978-I - Part I Sexually Explicit Matter (722.671...722.684) › Section 722.671a - Repealed. 2003, Act 192, Eff. Jan. 1, 2004.

722.671a Repealed. 2003, Act 192, Eff. Jan. 1, 2004.
Compiler's Notes:
The repealed section pertained to definitions; “C” to “I.”
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 33 of 1978 - Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors (722.671 - 722.693) › 33-1978-I - Part I Sexually Explicit Matter (722.671...722.684) › Section 722.672 - Additional Definitions.

722.672 Additional definitions.
Sec. 2.
As used in this part:
(a) "Nudity" means the lewd display of the human male or female genitals or pubic area.
(b) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(c) "Erotic fondling" means touching a person's clothed or unclothed genitals, pubic area, buttocks, or, if the person is female, breasts, for the purpose of sexual gratification or stimulation.
(d) "Sadomasochistic abuse" means either of the following:
(i) Flagellation, or torture, for sexual stimulation or gratification, by or upon a person who is nude or clad only in undergarments or in a revealing or bizarre costume.
(ii) The condition of being fettered, bound, or otherwise physically restrained for sexual stimulation or gratification, of a person who is nude or clad only in undergarments or in a revealing or bizarre costume.
(e) "Sexual intercourse" means intercourse, real or simulated, whether genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between a human and an animal.
History:
1978, Act 33, Eff. June 1, 1978 ;-- Am. 2005, Act 108, Eff. Dec. 1, 2005
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 33 of 1978 - Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors (722.671 - 722.693) › 33-1978-I - Part I Sexually Explicit Matter (722.671...722.684) › Section 722.674 - Additional Definitions.

722.674 Additional definitions.
Sec. 4.
As used in this part:
(a) "Harmful to minors" means sexually explicit matter that meets all of the following criteria:
(i) Considered as a whole, it appeals to the prurient interest of minors as determined by contemporary local community standards.
(ii) It is patently offensive to contemporary local community standards of adults as to what is suitable for minors.
(iii) Considered as a whole, it lacks serious literary, artistic, political, educational, and scientific value for minors.
(b) "Local community" means the county in which the matter was disseminated.
(c) "Prurient interest" means a lustful interest in sexual stimulation or gratification. In determining whether sexually explicit matter appeals to the prurient interest, the matter shall be judged with reference to average 17-year-old minors. If it appears from the character of the matter that it is designed to appeal to the prurient interest of a particular group of persons, including, but not limited to, homosexuals or sadomasochists, then the matter shall be judged with reference to average 17-year-old minors within the particular group for which it appears to be designed.
History:
1978, Act 33, Eff. June 1, 1978 ;-- Am. 2005, Act 108, Eff. Dec. 1, 2005
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 33 of 1978 - Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors (722.671 - 722.693) › 33-1978-I - Part I Sexually Explicit Matter (722.671...722.684) › Section 722.675 - Disseminating Sexually Explicit Matter to Minor; Felony; Penalty.

722.675 Disseminating sexually explicit matter to minor; felony; penalty.
Sec. 5.
(1) A person is guilty of disseminating sexually explicit matter to a minor if that person does either of the following:
(a) Knowingly disseminates to a minor sexually explicit visual or verbal material that is harmful to minors.
(b) Knowingly exhibits to a minor a sexually explicit performance that is harmful to minors.
(2) A person knowingly disseminates sexually explicit matter to a minor if the person knows both the nature of the matter and the status of the minor to whom the matter is disseminated.
(3) A person knows the nature of matter if the person either is aware of its character and content or recklessly disregards circumstances suggesting its character and content.
(4) A person knows the status of a minor if the person either is aware that the person to whom the dissemination is made is under 18 years of age or recklessly disregards a substantial risk that the person to whom the dissemination is made is under 18 years of age.
(5) Disseminating sexually explicit matter to a minor is a felony punishable by imprisonment for not more than 2 years or a fine of not more than $10,000.00, or both. In imposing the fine, the court shall consider the scope of the defendant's commercial activity in disseminating sexually explicit matter to minors.
History:
1978, Act 33, Eff. June 1, 1978 ;-- Am. 1999, Act 33, Eff. Aug. 1, 1999 ;-- Am. 2003, Act 192, Eff. Jan. 1, 2004
Constitutionality:
Act 33 of 1999 violates the First Amendment and the Dormant Commerce Clause of the US Constitution. Defendants are permanently restrained and enjoined from enforcing any provisions of 1999 PA 33. Cyberspace Communications, Inc v Engler, 142 F Supp 2d 827 (ED Mich, 2001).
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 33 of 1978 - Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors (722.671 - 722.693) › 33-1978-I - Part I Sexually Explicit Matter (722.671...722.684) › Section 722.676 - Persons Excepted From MCL 722.675.

722.676 Persons excepted from MCL 722.675.
Sec. 6.
Section 5 does not apply to the dissemination of sexually explicit matter to a minor by any of the following:
(a) A parent or guardian who disseminates sexually explicit matter to his or her child or ward unless the dissemination is for the sexual gratification of the parent or guardian.
(b) A teacher or administrator at a public or private elementary or secondary school that complies with the revised school code, 1976 PA 451, MCL 380.1 to 380.1852, and who disseminates sexually explicit matter to a student as part of a school program permitted by law.
(c) A licensed physician or licensed psychologist who disseminates sexually explicit matter in the treatment of a patient.
(d) A librarian employed by a library of a public or private elementary or secondary school that complies with the revised school code, 1976 PA 451, MCL 380.1 to 380.1852, or employed by a public library, who disseminates sexually explicit matter in the course of that person's employment.
(e) Any public or private college or university or any other person who disseminates sexually explicit matter for a legitimate medical, scientific, governmental, or judicial purpose.
(f) A person who disseminates sexually explicit matter that is a public document, publication, record, or other material issued by a state, local, or federal official, department, board, commission, agency, or other governmental entity, or an accurate republication of such a public document, publication, record, or other material.
History:
1978, Act 33, Eff. June 1, 1978 ;-- Am. 1999, Act 33, Eff. Aug. 1, 1999 ;-- Am. 2003, Act 192, Eff. Jan. 1, 2004 ;-- Am. 2005, Act 245, Eff. Feb. 1, 2006
Constitutionality:
Act 33 of 1999 violates the First Amendment and the Dormant Commerce Clause of the US Constitution. Defendants are permanently restrained and enjoined from enforcing any provisions of 1999 PA 33. Cyberspace Communications, Inc v Engler, 142 F Supp 2d 827 (ED Mich, 2001).
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 33 of 1978 - Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors (722.671 - 722.693) › 33-1978-I - Part I Sexually Explicit Matter (722.671...722.684) › Section 722.677 - Displaying Sexually Explicit Matter to Minor; Misdemeanor; Penalty.

722.677 Displaying sexually explicit matter to minor; misdemeanor; penalty.
Sec. 7.
(1) A person is guilty of displaying sexually explicit matter to a minor if that person possesses managerial responsibility for a business enterprise selling sexually explicit visual material that visually depicts sexual intercourse or sadomasochistic abuse and is harmful to minors, and that person does either of the following:
(a) Knowingly permits a minor who is not accompanied by a parent or guardian to view that matter.
(b) Displays that matter knowing its nature, unless the person does so in a restricted area.
(2) A person knowingly permits a minor to view visual matter that depicts sexual intercourse or sadomasochistic abuse and is harmful to minors if the person knows both the nature of the matter and the status of the minor permitted to examine the matter.
(3) A person knows the nature of the matter if the person either is aware of its character and content or recklessly disregards circumstances suggesting its character and content.
(4) A person knows the status of a minor if the person either is aware that the person who is permitted to view the matter is under 18 years of age or recklessly disregards a substantial risk that the person who is permitted to view the matter is under 18 years of age.
(5) A person who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $5,000.00, or both.
History:
1978, Act 33, Eff. June 1, 1978 ;-- Am. 1999, Act 33, Eff. Aug. 1, 1999 ;-- Am. 2003, Act 192, Eff. Jan. 1, 2004
Constitutionality:
Act 33 of 1999 violates the First Amendment and the Dormant Commerce Clause of the US Constitution. Defendants are permanently restrained and enjoined from enforcing any provisions of 1999 PA 33. Cyberspace Communications, Inc v Engler, 142 F Supp 2d 827 (ED Mich, 2001).
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 33 of 1978 - Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors (722.671 - 722.693) › 33-1978-I - Part I Sexually Explicit Matter (722.671...722.684) › Section 722.678 - Facilitative Misrepresentation; Misdemeanor; Penalty.

722.678 Facilitative misrepresentation; misdemeanor; penalty.
Sec. 8.
(1) A person is guilty of facilitative misrepresentation when that person knowingly makes a false representation that he or she is the parent or guardian of a minor, or that a minor is 18 years of age or older, with the intent to facilitate the dissemination to the minor of sexually explicit matter that is harmful to minors.
(2) A person knowingly makes a false representation as to the age of a minor or as to the status of being the parent or guardian of a minor if the person either is aware that the representation is false or recklessly disregards a substantial risk that the representation is false.
(3) Facilitative misrepresentation is a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $5,000.00, or both.
History:
1978, Act 33, Eff. June 1, 1978
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 33 of 1978 - Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors (722.671 - 722.693) › 33-1978-I - Part I Sexually Explicit Matter (722.671...722.684) › Section 722.679 - Injunction.

722.679 Injunction.
Sec. 9.
A prosecuting attorney may commence an action in the circuit court against a person, other than a person described in section 6, to enjoin that person from disseminating to a minor sexually explicit matter that is harmful to minors.
History:
1978, Act 33, Eff. June 1, 1978
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 33 of 1978 - Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors (722.671 - 722.693) › 33-1978-I - Part I Sexually Explicit Matter (722.671...722.684) › Section 722.680 - Advisory Opinion as to Legality of Disseminating Sexually Explicit Matter to Minor; Action for Declaratory Judgment; Prosecuting Attorney as Defendant; Counterclaim for Injunctive Relief; Dismissal of Action.

722.680 Advisory opinion as to legality of disseminating sexually explicit matter to minor; action for declaratory judgment; prosecuting attorney as defendant; counterclaim for injunctive relief; dismissal of action.
Sec. 10.
(1) A person intending to disseminate to a minor matter that may be considered sexually explicit may request, from the prosecuting attorney of the county in which the dissemination is intended, an advisory opinion as to the legality of that dissemination. The request for an advisory opinion shall be in writing and shall be accompanied by a reasonable and timely opportunity for the prosecuting attorney to examine the matter. Not more than 5 business days after receipt of a proper request, the prosecuting attorney shall issue to the person making the request an advisory opinion, or a refusal to issue an advisory opinion, in writing. The advisory opinion shall state in unequivocal terms whether knowing dissemination of the matter to a minor would be considered by the prosecuting attorney to violate section 5.
(2) A person who has requested an advisory opinion may commence an action for a declaratory judgment in the circuit court in the same county to obtain an adjudication of the legality of the intended dissemination if either of the following conditions exist:
(a) The action is commenced more than 5 business days after submission of a proper request, and the prosecuting attorney has failed to issue an advisory opinion.
(b) The prosecuting attorney has issued an advisory opinion and that opinion fails to state in unequivocal terms that knowing dissemination of the matter to a minor would not be considered by the prosecuting attorney to violate section 5.
(3) The prosecuting attorney shall be made the defendant to an action commenced pursuant to subsection (2). In responding to the complaint, the prosecuting attorney may join a counterclaim for the injunctive relief permitted under section 9.
(4) If the prosecuting attorney, after commencement of the action, issues an advisory opinion stating in unequivocal terms that knowing dissemination of the matter to a minor would not be considered by the prosecuting attorney to violate section 5, the action shall be dismissed.
History:
1978, Act 33, Eff. June 1, 1978
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 33 of 1978 - Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors (722.671 - 722.693) › 33-1978-I - Part I Sexually Explicit Matter (722.671...722.684) › Section 722.681 - Provisions Applicable to Actions Commenced Pursuant to MCL 722.679 or MCL 722.680.

722.681 Provisions applicable to actions commenced pursuant to MCL 722.679 or MCL 722.680.
Sec. 11.
The following provisions apply in an action commenced pursuant to section 9 or 10:
(a) The prosecuting attorney shall bear the burden of proving, by clear and convincing evidence, that knowing dissemination of the specified matter to a minor would violate section 5.
(b) Upon appropriate motion of the prosecuting attorney or order to show cause, the court may grant a preliminary injunction or ex parte restraining order. A person enjoined under this subdivision is entitled to a trial on the legality of the intended dissemination within 1 day after joinder of issue, and a decision shall be rendered by the court within 2 days after the conclusion of the trial.
(c) The prosecuting attorney shall not be required to file any security before the granting of a preliminary injunction or restraining order, shall not be liable for costs, and shall not be liable for damages sustained by reason of the preliminary injunction or restraining order.
(d) The proceedings are equitable in nature.
History:
1978, Act 33, Eff. June 1, 1978
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 33 of 1978 - Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors (722.671 - 722.693) › 33-1978-I - Part I Sexually Explicit Matter (722.671...722.684) › Section 722.682 - Effect of MCL 722.679 to 722.681 on Prosecutions Under Other Laws; Declaratory Judgment or Denial of Injunction as Defense; Withdrawing Opinion and Obtaining Injunction as Conditions for Prosecution Under MCL 722.675; Applicability of Declaratory Judgment or Injunction.

722.682 Effect of MCL 722.679 to 722.681 on prosecutions under other laws; declaratory judgment or denial of injunction as defense; withdrawing opinion and obtaining injunction as conditions for prosecution under MCL 722.675; applicability of declaratory judgment or injunction.
Sec. 12.
(1) Except as provided in this section, sections 9 to 11 shall not preclude or impair prosecution for violation of any law of this state.
(2) If a declaratory judgment has been obtained pursuant to sections 10 and 11, or an application for an injunction pursuant to section 9 has been denied, on the ground that the knowing dissemination to a minor of specified matter does not violate section 5, that determination is a complete defense for a person against a prosecution under section 5 based upon the dissemination of that specified matter and against a prosecution for violation of a preliminary injunction or restraining order granted pursuant to section 11.
(3) If a prosecuting attorney issues an advisory opinion stating in unequivocal terms that knowing dissemination of specified matter to a minor is not considered by the prosecuting attorney to violate section 5, then the recipient of the opinion may be prosecuted under section 5 for the dissemination of that specified matter only after the prosecutor has both withdrawn the opinion and obtained an injunction pursuant to section 9 against the dissemination of that specified material by that person.
(4) A declaratory judgment or injunction shall apply only to the county in which the prosecuting attorney serves.
History:
1978, Act 33, Eff. June 1, 1978
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 33 of 1978 - Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors (722.671 - 722.693) › 33-1978-I - Part I Sexually Explicit Matter (722.671...722.684) › Section 722.682a - Exceptions.

722.682a Exceptions.
Sec. 12a.
This part does not apply to any of the following:
(a) A medium of communication to the extent regulated by the federal communications commission.
(b) An internet service provider or computer network service provider that is not selling the sexually explicit matter being communicated but that provides the medium for communication of the matter. As used in this section, "internet service provider" means a person who provides a service that enables users to access content, information, electronic mail, or other services offered over the internet or a computer network.
(c) A person providing a subscription multichannel video service under terms of service that require the subscriber to meet both of the following conditions:
(i) The subscriber is not less than 18 years of age at the time of the subscription.
(ii) The subscriber proves that he or she is not less than 18 years of age through the use of a credit card, through the presentation of government-issued identification, or by other reasonable means of verifying the subscriber's age.
History:
Add. 2005, Act 108, Eff. Dec. 1, 2005
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 33 of 1978 - Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors (722.671 - 722.693) › 33-1978-I - Part I Sexually Explicit Matter (722.671...722.684) › Section 722.683 - Repeal of MCL 750.343e.

722.683 Repeal of MCL 750.343e.
Sec. 13.
Section 343e of Act No. 328 of the Public Acts of 1931, being section 750.343e of the Compiled Laws of 1970, is repealed.
History:
1978, Act 33, Eff. June 1, 1978
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 33 of 1978 - Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors (722.671 - 722.693) › 33-1978-I - Part I Sexually Explicit Matter (722.671...722.684) › Section 722.684 - Effective Date.

722.684 Effective date.
Sec. 14.
This act shall not take effect until June 1, 1978.
History:
1978, Act 33, Eff. June 1, 1978
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 33 of 1978 - Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors (722.671 - 722.693) › 33-1978-II - Part II Ultra-Violent Explicit Video Games (722.685...722.693) › Section 722.685 - Legislative Findings.

722.685 Legislative findings.
Sec. 15.
In light of section 51 of article IV of the state constitution of 1963, which directs that "The public health and general welfare of the people of the state are hereby declared to be matters of primary public concern. The legislature shall pass suitable laws for the protection and promotion of the public health.", and after hearing from expert witnesses and law enforcement officials, considering the testimony of expert witnesses before other legislative bodies, and reviewing dozens of studies and metastudies of hundreds of studies, the legislature finds all of the following:
(a) Published research overwhelmingly finds that ultra-violent explicit video games are harmful to minors because minors who play ultra-violent explicit video games are consistently more likely to exhibit violent, asocial, or aggressive behavior and have feelings of aggression.
(b) Spokespersons for not less than 6 major national health associations have concluded and testified that after reviewing more than 1,000 studies, the studies "point overwhelmingly to a causal connection between media violence and aggressive behavior in some children", concluding that the effects of media violence on minors "are measurable and long-lasting".
(c) Law enforcement officers testified that recent statewide targeted enforcement efforts reveal that minors are capable of purchasing, and do purchase, ultra-violent explicit video games.
(d) Law enforcement officers testified about cases of minors acting out ultra-violent explicit video game behaviors by victimizing other citizens.
(e) The state has a legitimate and compelling interest in safeguarding both the physical and psychological well-being of minors.
(f) The state has a legitimate and compelling interest in preventing violent, aggressive, and asocial behavior from manifesting itself in minors.
(g) The state has a legitimate and compelling interest in directly and substantially alleviating the real-life harms perpetrated by minors who play ultra-violent explicit video games.
History:
Add. 2005, Act 108, Eff. Dec. 1, 2005
Constitutionality:
In Entertainment Software Association v Granholm, F Supp (2006), the United States district court for the Eastern District of Michigan, Southern Division, permanently enjoined enforcement of an act regulating sexually explicit and ultra-violent video games as violating free speech rights and the due process requirement that a law be sufficiently definite to provide notice of the conduct prohibited that are granted in the First and Fourteenth Amendments to the United States Constitution.
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 33 of 1978 - Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors (722.671 - 722.693) › 33-1978-II - Part II Ultra-Violent Explicit Video Games (722.685...722.693) › Section 722.687 - Dissemination of Ultra-Violent Explicit Video Game to Minor; Prohibition; Violation; Penalties.

722.687 Dissemination of ultra-violent explicit video game to minor; prohibition; violation; penalties.
Sec. 17.
(1) A person shall not knowingly disseminate to a minor an ultra-violent explicit video game that is harmful to minors. Except as provided in subsections (2) and (3), a person who violates this subsection is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $5,000.00.
(2) A person who violates subsection (1) and who has 1 prior determination of responsibility under this section is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $15,000.00.
(3) A person who violates subsection (1) and who has 2 or more prior determinations of responsibility under this section is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $40,000.00. In imposing a fine under this subsection, the court shall consider the scope of the defendant's commercial activity in disseminating ultra-violent explicit video games to minors.
History:
Add. 2005, Act 108, Eff. Dec. 1, 2005
Constitutionality:
In Entertainment Software Association v Granholm, F Supp (2006), the United States district court for the Eastern District of Michigan, Southern Division, permanently enjoined enforcement of an act regulating sexually explicit and ultra-violent video games as violating free speech rights and the due process requirement that a law be sufficiently definite to provide notice of the conduct prohibited that are granted in the First and Fourteenth Amendments to the United States Constitution.
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 33 of 1978 - Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors (722.671 - 722.693) › 33-1978-II - Part II Ultra-Violent Explicit Video Games (722.685...722.693) › Section 722.688 - Exceptions.

722.688 Exceptions.
Sec. 18.
Section 17 does not apply to the dissemination of an ultra-violent explicit video game to a minor by any of the following:
(a) A parent or guardian who disseminates an ultra-violent explicit video game to his or her child or ward.
(b) An immediate family member of the minor who disseminates an ultra-violent explicit video game to the minor in the immediate family member's residence or the minor's residence.
(c) An individual who disseminates an ultra-violent video game to a minor who is a guest in the individual's residence.
(d) An individual who disseminates an ultra-violent explicit video game for a legitimate medical, scientific, governmental, or judicial purpose.
History:
Add. 2005, Act 108, Eff. Dec. 1, 2005
Constitutionality:
In Entertainment Software Association v Granholm, F Supp (2006), the United States district court for the Eastern District of Michigan, Southern Division, permanently enjoined enforcement of an act regulating sexually explicit and ultra-violent video games as violating free speech rights and the due process requirement that a law be sufficiently definite to provide notice of the conduct prohibited that are granted in the First and Fourteenth Amendments to the United States Constitution.
2023 Michigan Compiled Laws › Chapter 722 - Children › Act 33 of 1978 - Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors (722.671 - 722.693) › 33-1978-II - Part II Ultra-Violent Explicit Video Games (722.685...722.693) › Section 722.689 - False Representation as to Age or Status as Parent or Guardian; Violation; Penalty.

722.689 False representation as to age or status as parent or guardian; violation; penalty.
Sec. 19.
(1) A person shall not knowingly make a false representation that he or she is the parent or guardian of a minor, or that a minor is 17 years of age or older, with the intent to facilitate the dissemination to the minor of an ultra-violent explicit video game that is harmful to minors. A person knowingly makes a false representation as to the age of a minor or as to the status of being the parent or guardian of a minor if the person either is aware that the representation is false or recklessly disregards a substantial risk that the representation is false.
(2) A person who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $15,000.00, or both.
History:
Add. 2005, Act 108, Eff. Dec. 1, 2005
Constitutionality:
In Entertainment Software Association v Granholm, F Supp (2006), the United States district court for the Eastern District of Michigan, Southern Division, permanently enjoined enforcement of an act regulating sexually explicit and ultra-violent video games as violating free speech rights and the due process requirement that a law be sufficiently definite to provide notice of the conduct prohibited that are granted in the First and Fourteenth Amendments to the United States Constitution.