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Michigan Penal Code Act 328 of 1931 750.540e

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purplesugar

Junior Member
What is the name of your state (only U.S. law)? Michigan.
Someone who's full name, address and telephone number I know, has been calling and harassing a friend of mine who lives in Michigan. To date they have left nearly a dozen messages on this persons cell phone voice mail. Threats of violence, intimidation tactics (i.e. "Leave_______ or else") sexual harassment, etc... are all things this person has said in these messages. Which my friend has kept.

I did the research for him and found Penal Code Act 328 of 1931 750.540e Malicious use of service provided by telecommunications service provider

I'm wondering if this can be applied so that my Michigan friend can file under it's protections, against this other person who is not a Michigan resident.

Thank you.
 


justalayman

Senior Member
You, or more correctly, your friend, does not determine what laws are applied. Your friend calls the police and makes a report. The DA makes the decision what law is charged.

but to the final answer; yes, it would apply even if the other person was in another state.
 

purplesugar

Junior Member
Ok, update.
My buddy called the cops and they said they'll look into it. He said he swore out a warrant and the cops said they would enforce it if it was applicable.

Is this accurate?
 

purplesugar

Junior Member
Ok, but unfortunately he changed his cell number. This guy called him from a little after 11 pm last night until nearly 5 a.m this morning.
 

justalayman

Senior Member
no problem. if he doesn't get anymore calls, he can't log them. If the harasser discovers the new phone number, he needs to keep a log of the calls.
 

purplesugar

Junior Member
I'll let him know. This person was calling his cell phone. But they also have his home phone number. So we're thinking when he discovers the cell access is no longer available for his behavior, he'll resort to home calling. And my buddy has a Mac computer, with an application that allows him to record any voice mail left on the home number or, if he chooses to actually answer the phone, the live vocal assaults this person will continue to levy against him.

The local Sheriff's office told him also that this would be out of their hands, if it went Federal. Can it go Federal because it's harassment on a phone line across State lines? (The offender lives in Southern California)
 

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