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I wonder when this crime was committed???

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anetsprungen:

--- Quote from: cabman1 on April 09, 2010, 01:57:38 PM ---The crime that was committed was she used the lein system for something other then what she was supposed to use it for period.

--- End quote ---

I have never known the misuse of a computer system to be considered a "crime" although it is usually a violation of policy.  Cabman's comment prompted me to try and find out.  Here is an example of an infraction, that no matter how benign, is considered a crime if they can prove her action was "for personal use or gain".  Simply misusing a system is not a crime in and of itself, although it is actionable.  Semantics, in a scenario such as this, can have its own undesirable consequences.

MCL Chapter 28 (MICHIGAN STATE POLICE); C.J.I.S. POLICY COUNCIL ACT; Section 28.214 Council; powers and duties; fingerprints; disclosure of information; violation; penalty.

(3) A person shall not access, use, or disclose nonpublic information governed under this act for personal use or gain.

(4) The attorney general or his or her designee, a prosecuting attorney, or the court, in a criminal case, may disclose to the defendant or the defendant's attorney of record information pertaining to that defendant that was obtained from the law enforcement information system.

(5) A person shall not disclose information governed under this act in a manner that is not authorized by law or rule.

(6) A person who intentionally violates subsection (3) or (5) is guilty of a crime as follows:

(a) For a first offense, the person 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.

(b) For a second or subsequent offense, the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.


Roy
 8)

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