Part I Sexually Explicit Matter
Part II Ultra-Violent Explicit Video Games

Terms Used In Michigan Laws > Chapter 722 > Act 33 of 1978

  • Allocable share: means that term as defined in the master settlement agreement. See Michigan Laws 445.2051
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Commercial e-mail: means an electronic message, file, data, or other information promoting the sale, lease, or exchange of goods, services, real property, or any other thing of value that is transmitted between 2 or more computers, computer networks, or electronic terminals or within a computer network. See Michigan Laws 445.2502
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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. See Michigan Laws 722.673
  • 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. See Michigan Laws 722.686
  • Computer network: means the interconnection of hardwire or wireless communication lines with a computer through remote terminals, or a complex consisting of 2 or more interconnected computers. See Michigan Laws 722.673
  • Computer network: means the interconnection of hardwire or wireless communication lines with a computer through remote terminals, or a complex consisting of 2 or more interconnected computers. See Michigan Laws 722.686
  • Computer network: means 2 or more computers that are, directly or indirectly, interconnected to exchange electronic messages, files, data, or other information. See Michigan Laws 445.2502
  • Computer program: means 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. See Michigan Laws 722.673
  • Computer program: means 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. See Michigan Laws 722.686
  • Computer system: means a set of related, connected or unconnected, computer equipment, devices, software, or hardware. See Michigan Laws 722.673
  • Computer system: means a set of related, connected or unconnected, computer equipment, devices, software, or hardware. See Michigan Laws 722.686
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Copyright laws: means those laws specified pursuant to title 17 of the United States Code, 17 U. See Michigan Laws 445.2102
  • Copyright owner: means the owner of a copyright of a musical work recognized and enforceable under the copyright laws. See Michigan Laws 445.2102
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means a person, including, but not limited to, a person that operates a business as a plastics recycler, processor, or shredder or reseller, that purchases plastic bulk merchandise containers from any seller other than the manufacturer of the bulk merchandise containers or an authorized dealer or distributor of those containers. See Michigan Laws 445.2073
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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 impulses. See Michigan Laws 722.673
  • 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 impulses. See Michigan Laws 722.686
  • Display: means to put or set out to view or to make visible. See Michigan Laws 722.671
  • Disseminate: means to sell, lend, give, exhibit, show, or allow to examine or to offer or agree to do the same. See Michigan Laws 722.671
  • Disseminate: means to sell, lend, give, exhibit, show, or allow to examine or to offer or agree to do the same. See Michigan Laws 722.686
  • Documentation: means a signed statement that indicates where a person obtained a plastic bulk merchandise container offered for sale, indicates that a person is authorized to sell a plastic bulk merchandise container, or provides other evidence that reasonably demonstrates ownership of a plastic bulk merchandise container offered for sale and the source of the container. See Michigan Laws 445.2073
  • E-mail address: means a destination, commonly expressed as a string of characters, to which e-mail may be sent or delivered. See Michigan Laws 445.2502
  • E-mail service provider: means a person that is an intermediary in the transmission of e-mail or provides to end users of e-mail service the ability to send and receive e-mail. See Michigan Laws 445.2502
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Erotic fondling: means touching a person's clothed or unclothed genitals, pubic area, buttocks, or, if the person is female, breasts, for the purpose of sexual gratification or stimulation. See Michigan Laws 722.672
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Exhibit: means to do 1 or more of the following:

    (i) Present a performance. See Michigan Laws 722.671

  • Extreme and loathsome violence: means real or simulated graphic depictions of physical injuries or physical violence against parties who realistically appear to be human beings, including actions causing death, inflicting cruelty, dismemberment, decapitation, maiming, disfigurement, or other mutilation of body parts, murder, criminal sexual conduct, or torture. See Michigan Laws 722.686
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Harmful to minors: means sexually explicit matter that meets all of the following criteria:

    (i) Considered as a whole, it appeals to the prurient interest of minors as determined by contemporary local community standards. See Michigan Laws 722.674

  • Harmful to minors: means having all of the following characteristics:

    (i) Considered as a whole, appeals to the morbid interest in asocial, aggressive behavior of minors as determined by contemporary local community standards. See Michigan Laws 722.686

  • in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
  • Industrial or commercial account: means a person that sells plastic or plastic articles to a dealer from a fixed location pursuant to a written agreement with that dealer. See Michigan Laws 445.2073
  • Inflation adjustment: means that term as defined in the master settlement agreement. See Michigan Laws 445.2051
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Internet domain name: means a globally unique, hierarchical reference to an internet host or service, assigned through centralized internet authorities, comprising a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy. See Michigan Laws 445.2502
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Local community: means the county in which the matter was disseminated. See Michigan Laws 722.674
  • Local community: means the county in which the video game was disseminated. See Michigan Laws 722.686
  • Master settlement agreement: means the settlement agreement (and related documents) entered into on November 23, 1998, and incorporated into a consent decree and final judgment entered into on December 7, 1998, in Kelley Ex Rel. See Michigan Laws 445.2051
  • Minor: means a person less than 18 years of age. See Michigan Laws 722.671
  • Minor: means a person less than 17 years of age. See Michigan Laws 722.686
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Nudity: means the lewd display of the human male or female genitals or pubic area. See Michigan Laws 722.672
  • Participating manufacturer: means that term as defined in the master settlement agreement. See Michigan Laws 445.2051
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Performing rights society: means an association, corporation, or other entity that licenses the nondramatic public performance, broadcast, or transmittal of musical works on behalf of copyright owners including, but not limited to, the American society of composers, authors, and publishers; broadcast music, inc. See Michigan Laws 445.2102
  • Person: means an individual, partnership, corporation, limited liability company, or other legal entity. See Michigan Laws 445.2073
  • Person: means an individual, corporation, partnership, association, governmental entity, or any other legal entity. See Michigan Laws 445.2502
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Plastic bulk merchandise container: means a plastic pallet, crate, container, or shell used by a producer, distributor, or retailer for the bulk transportation or storage of goods for sale at retail, including, but not limited to, food or beverages. See Michigan Laws 445.2073
  • Proprietor: means the owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility, not-for-profit organization, or any other place of business or professional office located in this state in which the public may assemble and in which musical works are publicly and nondramatically performed, broadcast, or transmitted for the enjoyment of the members of the public assembled in that place. See Michigan Laws 445.2102
  • Prurient interest: means a lustful interest in sexual stimulation or gratification. See Michigan Laws 722.674
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Record: means a paper, electronic, or other generally accepted method of storing information in a retrievable form. See Michigan Laws 445.2073
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Restricted area: means any of the following:

    (i) An area where sexually explicit matter is displayed only in a manner that prevents public view of the lower 2/3 of the matter's cover or exterior. See Michigan Laws 722.671

  • Royalties: means the fees payable by a proprietor to a performing rights society for the nondramatic public performance, broadcast, or transmittal of musical works. See Michigan Laws 445.2102
  • Sadomasochistic abuse: means either of the following:

    (i) Flagellation, or torture, for sexual stimulation or gratification, by or upon a person who is nude or clad only in undergarments or in a revealing or bizarre costume. See Michigan Laws 722.672

  • Seller: means a person that sells, barters, or trades a plastic bulk merchandise container to a dealer. See Michigan Laws 445.2073
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sexual excitement: means the condition of human male or female genitals when in a state of sexual stimulation or arousal. See Michigan Laws 722.672
  • Sexual intercourse: means intercourse, real or simulated, whether genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between a human and an animal. See Michigan Laws 722.672
  • Sexually explicit matter: means sexually explicit visual material, sexually explicit verbal material, or sexually explicit performance. See Michigan Laws 722.673
  • Sexually explicit performance: means a motion picture, video game, exhibition, show, representation, or other presentation that, in whole or in part, depicts nudity, sexual excitement, erotic fondling, sexual intercourse, or sadomasochistic abuse. See Michigan Laws 722.673
  • Sexually explicit verbal material: means a book, pamphlet, magazine, printed matter reproduced in any manner, or sound recording that contains an explicit and detailed verbal description or narrative account of sexual excitement, erotic fondling, sexual intercourse, or sadomasochistic abuse. See Michigan Laws 722.673
  • Sexually explicit visual material: means a picture, photograph, drawing, sculpture, motion picture film, video game, or similar visual representation that depicts nudity, sexual excitement, erotic fondling, sexual intercourse, or sadomasochistic abuse, or a book, magazine, or pamphlet that contains such a visual representation. See Michigan Laws 722.673
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Statute: A law passed by a legislature.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tobacco product manufacturer: means an entity that after the date of enactment of this act directly (and not exclusively through any affiliate) meets 1 or more of the following:
  (i) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer that will be responsible for the payments under the master settlement agreement with respect to such cigarettes as a result of the provisions of subsection II(mm) of the master settlement agreement and that pays the taxes specified in subsection II(z) of the master settlement agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States). See Michigan Laws 445.2051
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Ultra-violent explicit video game: means a video game that continually and repetitively depicts extreme and loathsome violence. See Michigan Laws 722.686
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Units sold: means the number of individual cigarettes sold in the state by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the state on packs (or "roll-your-own" tobacco containers) bearing the excise tax stamp of the state. See Michigan Laws 445.2051
  • Unsolicited: means without the recipient's express permission. See Michigan Laws 445.2502
  • Video game: means an object or device that stores recorded data or instructions generated by a person who uses it, and by processing the data or instructions creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, game console, or other technology. See Michigan Laws 722.673
  • Video game: means an object or device that stores recorded data or instructions generated by a person who uses it, and by processing the data or instructions creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, game console, or other technology. See Michigan Laws 722.686