(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMPUTER. 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 operation to a person, computer program, computer, computer system, or computer network.
COMPUTER NETWORK. The interconnection of hardware or wireless communication lines with a computer through remote terminals, or a complex consisting of 2 or more interconnected computers.
COMPUTER PROGRAM. A series of internal or external instructions communicated in a form acceptable to a computer that directs the functioning of a computer, computer system, or computer network in a manner designed to provide or produce products or results from the computer, computer system, or computer network.
COMPUTER SYSTEM. A set of related (connected or unconnected,) computer equipment, devices, software, or hardware.
DEVICE. Includes, but is not limited to, an electronic, magnetic, electrochemical, biochemical, hydraulic, optical, or organic object that performs input, output, or storage functions by the manipulation of electronic, magnetic, or other impulse.
EMOTIONAL DISTRESS. Significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.
INTERNET. That term as defined in § 230 of Title II of the Communications Act of 1934, Chapter 652, 110 Stat. 1237, 47 U.S.C. § 230.
POST A MESSAGE. Transferring, sending, posting, publishing, disseminating, or otherwise communicating or attempting to transfer, send, post, publish, disseminate, or otherwise communicate information, whether truthful or untruthful, about the victim.
UNCONSENTED CONTACT. Any contact with another individual that is initiated or continued without that individual’s consent or in disregard of that individual’s expressed desire that the contact be avoided or discontinued. UNCONSENTED CONTACT includes any of the following:
(a) Following or appearing within sight of the victim;
(b) Approaching or confronting the victim in a public place or on private property;
(c) Appearing at the victim’s workplace or residence;
(d) Entering onto or remaining on property owned, leased, or occupied by the victim;
(e) Contacting the victim by telephone;
(f) Sending mail or electronic communications to the victim through the use of any medium, including the Internet or a computer, computer program, computer system, or computer network; and/or
(g) Placing an object on, or delivering or having delivered an object to, property owned, leased, or occupied by the victim.
VICTIM. The individual who is the target of the conduct elicited by the posted message or a member of that individual’s immediate family.
(B) A person shall not post a message through the use of any medium of communication, including the internet or a computer, computer program, computer system, computer network, or other electronic medium of communication, without the victim’s consent, if any of the following apply:
(1) The person knows or has reason to know that posting the message could cause 2 or more separate non-continuous acts of un-consented contact with the victim;
(2) Posting the message is intended to cause conduct that would make the victim feel terrorized, frightened, intimidated, threatened, harassed, or molested;
(3) Conduct arising from posting the message causes the victim to suffer emotional distress and to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
(C) This section does not apply to an Internet or computer network service provider who in good faith, and without knowledge of the specific nature of the message posted, provides the medium for disseminating information or communication between persons.
(D) The court may order a person convicted of violating this section to reimburse the State of Michigan or the Township of Montrose for the expenses incurred.
(E) 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.
(F) This section does not prohibit constitutionally protected speech or activity.
(G) A person may be prosecuted by the Township of Montrose for violating or attempting to violate this section only if one of the following applies:
(1) The person posts the message while in the Township of Montrose;
(2) Conduct arising from posting the message occurs in the Township of Montrose;
(3) The victim is present in the Township of Montrose at the time the offense or any element of the offense occurs; and/or
(4) The person posting the message knows that the victim resides in the Township of Montrose.
(Ord. 11-190, passed 7-19-2011) Penalty, see § 130.99