Comments
refadmin wrote:
Dear Cedric:
The language of the following statutes would cover peeping with the naked eye, which could be a misdemeanor or felony.
750.539a Definitions.
Sec. 539a.
As used in sections 539a to 539i:
(1) “Private place” means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance but does not include a place to which the public or substantial group of the public has access.
(2) “Eavesdrop” or “eavesdropping” means to overhear, record, amplify or transmit any part of the private discourse of others without the permission of all persons engaged in the discourse. Neither this definition or any other provision of this act shall modify or affect any law or regulation concerning interception, divulgence or recording of messages transmitted by communications common carriers.
(3) “Surveillance” means to secretly observe the activities of another person for the purpose of spying upon and invading the privacy of the person observed.
(4) “Person” means any individual, partnership, corporation or association.
750.539b Trespassing for purpose of eavesdropping or surveillance.
Sec. 539b.
A person who trespasses on property owned or under the control of any other person, to subject that person to eavesdropping or surveillance is guilty of a misdemeanor.
750.539j Surveillance of or distribution, dissemination, or transmission of recording, photograph, or visual image of individual having reasonable expectation of privacy; prohibited conduct; violation as felony; penalty; exceptions; “surveil” defined.
Sec. 539j.
(1) A person shall not do any of the following:
(a) Surveil another individual who is clad only in his or her undergarments, the unclad genitalia or buttocks of another individual, or the unclad breasts of a female individual under circumstances in which the individual would have a reasonable expectation of privacy.
(b) Photograph, or otherwise capture or record, the visual image of the undergarments worn by another individual, the unclad genitalia or buttocks of another individual, or the unclad breasts of a female individual under circumstances in which the individual would have a reasonable expectation of privacy.
(c) Distribute, disseminate, or transmit for access by any other person a recording, photograph, or visual image the person knows or has reason to know was obtained in violation of this section.
(2) A person who violates or attempts to violate this section is guilty of a crime as follows:
(a) For a violation or attempted violation of subsection (1)(a):
(i) Except as provided in subparagraph (ii), the person is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.
(ii) If the person was previously convicted of violating or attempting to violate subsection (1)(a), the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.
(b) For a violation or attempted violation of subsection (1)(b) or (c), the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.
(3) 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 subsection (1)(a) to (c).
(4) This section does not prohibit security monitoring in a residence if conducted by or at the direction of the owner or principal occupant of that residence unless conducted for a lewd or lascivious purpose.
(5) This section does not apply to a peace officer of this state or of the federal government, or the officer's agent, while in the performance of the officer's duties.
(6) As used in this section, “surveil” means to subject an individual to surveillance as that term is defined in section 539a.
The language of the following statutes would cover peeping with the naked eye, which could be a misdemeanor or felony.
750.539a Definitions.
Sec. 539a.
As used in sections 539a to 539i:
(1) “Private place” means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance but does not include a place to which the public or substantial group of the public has access.
(2) “Eavesdrop” or “eavesdropping” means to overhear, record, amplify or transmit any part of the private discourse of others without the permission of all persons engaged in the discourse. Neither this definition or any other provision of this act shall modify or affect any law or regulation concerning interception, divulgence or recording of messages transmitted by communications common carriers.
(3) “Surveillance” means to secretly observe the activities of another person for the purpose of spying upon and invading the privacy of the person observed.
(4) “Person” means any individual, partnership, corporation or association.
750.539b Trespassing for purpose of eavesdropping or surveillance.
Sec. 539b.
A person who trespasses on property owned or under the control of any other person, to subject that person to eavesdropping or surveillance is guilty of a misdemeanor.
750.539j Surveillance of or distribution, dissemination, or transmission of recording, photograph, or visual image of individual having reasonable expectation of privacy; prohibited conduct; violation as felony; penalty; exceptions; “surveil” defined.
Sec. 539j.
(1) A person shall not do any of the following:
(a) Surveil another individual who is clad only in his or her undergarments, the unclad genitalia or buttocks of another individual, or the unclad breasts of a female individual under circumstances in which the individual would have a reasonable expectation of privacy.
(b) Photograph, or otherwise capture or record, the visual image of the undergarments worn by another individual, the unclad genitalia or buttocks of another individual, or the unclad breasts of a female individual under circumstances in which the individual would have a reasonable expectation of privacy.
(c) Distribute, disseminate, or transmit for access by any other person a recording, photograph, or visual image the person knows or has reason to know was obtained in violation of this section.
(2) A person who violates or attempts to violate this section is guilty of a crime as follows:
(a) For a violation or attempted violation of subsection (1)(a):
(i) Except as provided in subparagraph (ii), the person is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.
(ii) If the person was previously convicted of violating or attempting to violate subsection (1)(a), the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.
(b) For a violation or attempted violation of subsection (1)(b) or (c), the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.
(3) 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 subsection (1)(a) to (c).
(4) This section does not prohibit security monitoring in a residence if conducted by or at the direction of the owner or principal occupant of that residence unless conducted for a lewd or lascivious purpose.
(5) This section does not apply to a peace officer of this state or of the federal government, or the officer's agent, while in the performance of the officer's duties.
(6) As used in this section, “surveil” means to subject an individual to surveillance as that term is defined in section 539a.
09/07 21:50:14
cedric simpson wrote:
does traditional peeping tom with the naked eye fall under mcl 750.539j(1)(a)
09/07 21:22:00
al randle wrote:
im kinda confused right now,my understanding that i got,is michigan is a two party state,i was secretly audio recorded in my private home by police detective,and now they saying that i cant get the case dropped because of some sulivan .v. grays.....could you make this make sence to me
06/06 19:01:11
al randle wrote:
im kinda confused right now,my understanding that i got,is michigan is a two party state,i was secretly audio recorded in my private home by police detective,and now they saying that i cant get the case dropped because of some sulivan .v. grays.....could you make this make sence to me
06/06 18:59:40
al randle wrote:
im kinda confused,i know michigan is a two party state,so how can the courts use sullivan .v. gray to make it legal for a police detective to secretly illegally audio record you in your private home without consent or a judges approval,cani please get some feed back on this matter
08/05 23:10:55
Chris Walker wrote:
I have a question, my old friend who I am not friends with last year filmed me drunk and acting silly. He has posted this video on you tube and shown other people without my consent. What can I do, it is seriously hurting my reputation and he has shown some of my family members. Please help
04/04 11:57:34
refadmin wrote:
Dear Inquirer:
The criminal statute of limitations would be six years. However, if you want the case to succeed, you should file a police report as soon as possible because the longer you wait, the less credible you appear and the staler the evidence becomes.
There would be a separate statute of limitation for a civil suit, however, there should be no unnecessary delay in the prosecution of the civil case either.
The criminal statute of limitations would be six years. However, if you want the case to succeed, you should file a police report as soon as possible because the longer you wait, the less credible you appear and the staler the evidence becomes.
There would be a separate statute of limitation for a civil suit, however, there should be no unnecessary delay in the prosecution of the civil case either.
22/09 02:46:09
refadmin wrote:
Dear Ms. Peterson:
I posted my response on the front page of the website today, September 16, 2009, http://www.lawrefs.com/item...
I posted my response on the front page of the website today, September 16, 2009, http://www.lawrefs.com/item...
16/09 17:33:39
kearcy Hahn wrote:
Edited at Inquirer's Request.
31/08 15:11:25
refadmin wrote:
Dear Suzanne:
Unless you have a non-disclosure agreement, anything you put in writing can be disseminated.
Unless you have a non-disclosure agreement, anything you put in writing can be disseminated.
24/08 14:00:16
refadmin wrote:
Dear Inquirer:
By leaving a message on an answering machine, you impliedly consent to the recording and playing of the message.
MCL 750.53 provides that it is a felony for someone to use a device to listen in on a conversation without the consent of all parties to the conversation, so it would be a crime for your sister to listen in on your call without your consent.
If you want to press charges, begin by filing a police report and follow-up by contacting your local prosecutor's office.
By leaving a message on an answering machine, you impliedly consent to the recording and playing of the message.
MCL 750.53 provides that it is a felony for someone to use a device to listen in on a conversation without the consent of all parties to the conversation, so it would be a crime for your sister to listen in on your call without your consent.
If you want to press charges, begin by filing a police report and follow-up by contacting your local prosecutor's office.
24/08 13:58:33
Laura Peterson wrote:
can an unauthorized voice recording of my phone conversation be used in the court of new york or new jersey against me?
20/08 23:31:49
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05/02: Unauthorized Recordings - Eavesdropping - Michigan
Perhaps you have wanted to record a phone conversation or video taped someone in your house, and wondered whether this is permitted by law. Alternatively, perhaps you have been the subject of an unauthorized video or telephone recording, and want to know your rights.Both the federal law and Michigan law apply. The federal law is codified at 18 USC 2510, et seq, while Michigan law is codified at MCL 750.539c et seq. The federal law provides for a 5 year felony for recording telephone conversations except in cases in which the state allows only one person to the conversation to consent.
MCL 750.539c provides for a 2 year felony / $2,000.00 fine for wilfully recording a conversation without each party's consent. Under 750.539d, it is also a crime to video record or photograph a person in a "private place", without the person's consent. A private place is one in which the individual has a reasonable expectation of privacy and as such, a place to which the public also has access is not a private place. Accordingly, dissemination of prohibited recordings is also a violation of law with a 5 year felony / $5,000.00 as punishment.
There are exceptions to the law for residences monitored for security purposes unless the monitoring is conducted for a lewd or lascivious purpose and this would come with a 2 year felony / $2,000.00 fine which is aggravated for previous convictions. Police officers on duty, common carriers, public utilities, and state correctional facilities are also excepted under the law.
If you have been recorded and want to pursue the matter in court, the civil remedy is codified at 750.539h. You may request an injunction by a court of record prohibiting further eavesdropping, actual damages against the person who eavesdrops, and punitive damages as determined by the court or by a jury.
For a more detailed analysis, consider:
Dickerson v. Raphael, 564 NW2d 85 (Mich App 1997)
Sullivan v Gray, 324 NW2d 58 (Mich App 1982)
www.feibleman-law.com/documents/2004_wiretapping_updated.pdf