Michigan Child Pornography Laws

Child pornography is a form of child sexual exploitation. Before the internet, most child porn came in the form of photographs, videos, and other physical mediums. Today, thousands of people engage in child pornography online (also known as Child Sexual Abuse Material, or CSAM). They create pornographic images and materials on their computer for personal use and promotion.

If you’re facing child pornography charges in Michigan, you should get to know the relevant criminal laws. A criminal defense lawyer will also help protect your rights. Whether the state has charged you with possession of CSAM or some other sexually abusive activity, a conviction will affect the rest of your life.

How Does Michigan Law Define Child Pornography?

Michigan Compiled Laws (MCL) Section 750.145(c) governs child pornography crimes. According to this statute, there are several types of CSAM crimes. These include:

• Possession of child porn which includes viewing pornographic material and sexting
• Reproduction of child pornography
• Distribution or promotion of child sexually abusive material
• Soliciting or enticing a child to engage in sexually explicit conduct on film, in photos, or as part of any other medium

A conviction on charges of CSAM in Michigan carries a maximum prison sentence, fines, and sex offender registration. Your child pornography lawyer will have a difficult time raising a defense to these criminal charges. If the judge or jury finds you guilty, you’ll face prison time and other severe penalties.

When determining your guilt, the jury will use a reasonable person standard. For example, suppose your defense is that you didn’t know the person depicting the sexual activity in the pornographic materials was a minor. In that case, the jury will use common sense to determine if you’re telling the truth.

Does the First Amendment Protect Pornographic Materials?

The First Amendment does not protect images of child pornography. This type of content is illegal under state and federal law. If a law enforcement agency arrests you for the distribution of child pornography or another child pornography offense, you can’t cite the First Amendment as your defense.

If your child pornography case leads to a conviction, you’ll face fines and a prison sentence, and you’ll likely have to register as a sex offender.

What Is Child Sexually Abusive Material?

Child sexually abusive material is any depiction, picture, film, video, electronic visual image, computer-generated image, or sound recording of a child (under 18) engaging in a sexual act.

The following behavior may qualify as a sexual act for purposes of Michigan sex crimes:

• Nudity
• Oral sex
• Sexual intercourse
• Sadomasochistic abuse
• Masturbation
• Explicit images of children engaged in any other sexual act

The factfinder will determine whether the content in question is explicit material. If your criminal defense lawyer can prove that the content does not qualify as sexually abusive material, the state may have to drop or reduce the criminal charges.

Michigan Child Porn Laws at a Glance

If you’re facing child porn charges in Lansing, Detroit, Ann Arbor, or any other Michigan city, you should be aware of the child pornography laws. Keep in mind that if you’re facing federal child pornography charges, your sex crimes lawyer will have to defend you in federal court. The federal laws and penalties are different from the state laws and penalties.

The following table highlights the main provisions of the Michigan child pornography laws. See Cyber Crimes, Sex Crimes, and Crimes Against Children for more information.

Federal Child Pornography Crimes

If a federal agent discovers that you or a loved one have child porn, they’ll charge you with a federal child porn crime. The same is true for the promotion and distribution of child porn.

There are many federal laws addressing child pornography. These include:

• 18 U.S.C. § 2251 — Sexual exploitation of children (production of child pornography)
• 18 U.S.C. § 2251A — Selling and buying of children
• 18 U.S.C. § 2252 — Activities relating to material involving the sexual exploitation of minors
• 18 U.S.C. § 2252A — Certain activities relating to material constituting or containing child pornography
• 18 U.S.C. § 2260 — Production of sexually explicit depictions of a minor for importation into the United States

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

A Michigan Sex Crimes Attorney Can Help

The criminal laws in Michigan can be challenging to navigate. It’s a good idea to consult an experienced Michigan criminal defense attorney if you have questions about your case.