Michigan Laws 600.2975 – Publishing instructions for manufacture or creation of methamphetamine; commencement of action; court order; relief; exception; definitions
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Terms Used In Michigan Laws 600.2975
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- 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
(1) The attorney general may commence an action against a person who develops or maintains a website or page on a website for the purpose of publishing instructions for the manufacture or creation of methamphetamine or information on how to obtain substances that may be used in the manufacture or creation of methamphetamine.
(2) The court in an action brought under subsection (1) may order 1 or more of the following forms of relief:
(a) Injunctive or other equitable relief, as appropriate.
(b) Actual damages sustained by this state or the residents of this state that are caused by the publication.
(c) Punitive damages that the court determines are just and equitable.
(d) Actual attorney fees and costs.
(3) This section does not apply if the published information is only on how to obtain substances that may be lawfully possessed in this state and the purpose of the website is to provide information on obtaining the substances only for lawful purposes and in a lawful manner.
(4) As used in this section:
(a) “Internet” means that term as defined in 47 USC 230.
(b) “Methamphetamine” means the substance described in section 7214(c)(ii) of the public health code, 1978 PA 368, MCL 333.7214.
(c) “Website” means a collection of pages of the world wide web or internet, usually in HTML format.