Can You Be Charged for Using Your Phone During a Crime in Michigan?

[KLAW Blog]

Your breaking the law if you are using a cellphone while driving. On top of that if you’re committing a crime and you use the phone… You’re in for a prosecutor’s extra round of office high fives.

Can You Be Charged for Using Your Phone During a Crime in Michigan?

Yes, in Michigan, you can be charged if you use your phone to commit or assist in committing a crime. Michigan law treats the use of electronic devices, including phones, as serious when they are used to facilitate illegal activities. The law specifically addresses the use of electronic devices, such as smartphones, under MCL 750.145d.

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. Computer includes a computer game device or a cellular telephone, personal digital assistant (PDA), or other handheld device.

This law states that if someone uses a phone, computer, or any other electronic device to commit or even attempt to commit a crime, they could face serious charges. For example, if you use your phone to send threatening messages, commit fraud, or engage in illegal activities such as coordinating a theft, you can be charged under Michigan law.

If the crime is minor, like harassment, the person could face a misdemeanor charge.

However, if the offense involves serious crimes, like identity theft, fraud, or exploitation, it can result in felony charges.

Here are some possible penalties under Michigan law:

• Misdemeanor: A person convicted of a misdemeanor for using an electronic device to commit a crime could face up to 1 year in jail, fines, and potentially probation.
• Felony: If the crime is a felony, the penalties are much more severe. A felony conviction can result in imprisonment for up to 20 years and significant fines.

For more information on the specific laws and penalties regarding cybercrimes in Michigan, you can visit the Michigan Legislature’s website and review MCL 750.145d

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In the End

Your phone is your phone and you probably called your Mom with it. Your computer is your computer and you have probably sent emails and surfed the web with it.

Better call a fighting lawyer and prepare to pay for it. Could be more cost effective for your future and cheaper than sitting in jail.  You don’t make money there. They do.

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

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Note: This article provides a general overview and does not substitute for legal advice. Anyone charged with a CSC offense should consult an attorney for specific legal guidance.

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