In Michigan, child pornography, also called “child sexually abusive material,” is any depiction, including a photograph or video, of a minor engaged in a sex act. A sex act is broadly defined to include anything from nudity and touching of the private parts, to sexual intercourse. Under the state’s law, it is a crime to create, produce or copy child pornography or cause a child to engage in the making of child pornography—and this includes sexting. If a 20-year hold encourages his reluctant 17-year old girlfriend to send a topless photo, he could be convicted of persuading her to make child pornography.
It is also a crime in Michigan to distribute or possess (with intent to distribute) obscene material. Although the state’s obscenity law do not define the term “obscene,” nude photos of a minor would likely be considered obscene.
Making child pornography, such as asking a minor to send a nude image, is punishable by up to 20 years in prison and/or a fine of no more than $100,000. Distributing child pornography, such as sending nude photos of a minor to other people, is punishable by up to 7 years in prison and/or a fine of up to $50,000. Possession of child pornography, such as having nude photos of a minor on your phone or computer, is punishable by up to 4 years in prison and/or a fine of up to $10,000. Obscenity, on the other hand, is a misdemeanor punishable by up to 1 year in jail and/or a fine of up to $100,000.
If your child is involved in sending and receiving nude or suggestive photos, you need to contact our Okemos criminal defense attorneys at White Law PLLC today.
Call (517) 316-1195 or contact us online for a free consultation.
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