Distributing Child Pornography: Legal Penalties and Defenses in Michigan

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The State of Michigan refers to child pornography as Criminal Sexually Abusive Material, or CSAM. It is used to refer to material that depicts people under age 18 performing sexual acts.

Distribution of child porn is a serious crime that carries severe penalties, including jail time, hefty fines, and mandatory registration on the sex offender registry (SORA). Depending on the circumstances, you could face up to 25 years in prison and a fine of $125,000 for a single offense.

Charges for distribution of child pornography are serious, and you must act quickly to protect yourself and your rights. You need an experienced defense attorney who understands Michigan child porn laws and can effectively navigate them to ensure an optimal outcome in your case.

Elmen Legal is an experienced criminal defense firm that serves clients in Ann Arbor and throughout Michigan. Robert Elmen takes a meticulous approach to every case he takes on. He will carefully analyze your circumstances and the charges against you, conduct a thorough and independent investigation of your case, and mount a vigorous defense designed to win at trial or minimize the severity of the punishment you could face.

Contact Elmen Legal today to schedule a free, confidential, and no-obligation appointment to discuss your situation and how Attorney Elmen can help.

Understanding Michigan Laws on Distribution of Child Pornography

Child porn laws exist to prevent sexual abuse of children through the production and distribution of child pornography. If you were charged with distribution of child porn, there are two legal definitions you must know and understand:

  • Child Sexually Abusive Activity refers to a minor child engaging in any sexual activity identified in the statute.
  • Child Sexually Abusive Material refers to any depiction made or produced by any means of a minor child that contains a minor engaging in sexually explicit conduct. The depiction could include electronic or any other means, including a picture, slide, film, video, developed or undeveloped photograph, electronic image, computer-generated image, or audio recording. It also includes images on a magazine, book, computer, computer storage device, a print or printable medium, or a sound recording.

The Michigan law that makes the distribution of child porn illegal states that any person who distributes, promotes, or finances the distribution of child pornography, or receives child pornography for the purpose of distributing or promoting it, or conspires, attempts, or prepares to distribute, finance, receive, or promote any child sexually abusive material or child sexually abusive activity and knows, has reason to know, or should reasonably be expected to know that the person is a child or that the material depicted child pornography, or has not taken reasonable precautions to determine the age of the child, shall be guilty of distribution of child sexually abusive material.

A conviction for a single count of distribution of child porn is a felony punishable by up to seven years in prison, a $50,000 fine, and mandatory registration of the Michigan Sex Offender Registry (SORA).

If the child porn involves a prepubescent child, sadomasochistic abuse or bestiality, or includes a video or more than 100 images of CSAM, the crime is a felony punishable by 15 years in prison, a $75,000 fine, and mandatory registration as a sex offender.

Defending Against Charges of Distribution of Child Porn in Michigan

Charges for distribution of child pornography are serious and should be handled by an experienced defense lawyer. Common defenses include:

  • Not Child Pornography. A defense against criminal charges for distribution of child pornography may challenge whether the material at issue falls within the definition of Child Sexually Abusive Material or Child Sexually Abusive Activity.
  • The Age of the Victim Cannot Be Ascertained. Distribution of child porn requires proof that the victim was a minor under the age of 18. The prosecutor must prove, beyond a reasonable doubt, that the defendant “knew or should have known” that the person depicted in the images was under age 18. “Knowing” is based on a reasonable person standard and requires a showing that the defendant did not take reasonable steps to determine the age of the victim.
  • Not for Distribution. Claiming the child porn was not for distribution requires showing that the defendant took steps to preclude others from obtaining CSAM. Even if you are successful, you will likely face charges for the lesser offense of possession of child porn.

Elmen Legal Defends Against Charges for Distribution of Child Porn in Michigan

Time is of the essence whenever you are facing criminal charges, and even more so when those charges involve allegations of distribution of child pornography. To protect your rights and your future, you need an experienced defense attorney with the skills and experience to create a comprehensive and compelling defense.

Elmen Legal can analyze your circumstances, provide advice and legal guidance to protect your rights, and mount a vigorous defense against charges for distribution of child pornography.

Contact Elmen Legal Today

Call (734) 707-8915 or contact Elmen Legal online to schedule an appointment to discuss your situation and how Elmen Legal can help.

Categories: Sex-Related Charges