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Possession & Distribution Of Child Pornography

In Michigan, it is a crime to produce, distribute, or even possess pornographic materials that portray a minor.

“MINOR” for purposes of these charges is considered to be under the age of 18.

Child pornography laws are meant to punish individuals who use the internet to share or obtain pornographic images and videos involving children.

Child Pornograhy charges can be sought at both the State and the Federal level.

POSSESSION OF CHILD PORNOGRAPHY

Anyone who knowingly possesses or seeks and accesses child pornographic material.  Possessing Child Pornogaphy is a felony punishable by up to 4 years in prison, $10,000 fine, asset forfeiture, possible restitution. 

DISTRUBUTION OF CHILD PORNOGRAPHY

Anyone who distributes, promotes, or finances the distribution of any Child Sexually Abusive Material.  The Distribution of Child Pornography is a felony punishable by up to 7 years in prison, $50,000 fine, asset forfeiture, possible restitution. 

PRODUCTION OF CHILD PORNOGRAPHY  

Anyone who persuades, induces, entices, coerces, casuses, or knowingly allows a child to engae in “Child Sexually Abusive” activiety.  The Production of Child Pornography is a felony punishable by up to 20 years in prison, $100,000 fine, asset forfeiture, possible restitution.  

DEFINITION: 
POSSESSION & DISTRIBUTION OF CHILD PORNOGRAPHY

  • CHILD SEXUALLY ABUSIVE MATERIAL:  Any film, photograph, negative, slide, magazine, or other visual medium depiction, electronic visual image, computer or computer-generated image or sound recording which is of a child (under age 18) or appears to include a child engaging in a sexual act. 

MICHIGAN SEX OFENDER REGISTRY (SORA)

There is a requirement to report as a sex offender if you are charged with one of the above mentioned crimes.  

  • A person convicted of Manufacturing and Distribution of Child Sexually Abusive material must register for a period of 25 years,
  • A person convicted of Possession of Child Sexually Abusive Material is required to register for a period of 15 years.

Possession and Distribution of Child Pornography are considered felonies and can be found under MCL 750.145.

PENALTY 
CHILD SEXUALLY ABUSIVE MATERIAL
POSSESSION OF CHILD SEXUALLY ABUSIVE MATERIAL

The penalty for Child Sexually Abusive Material (arrange for, produce, make, copy, reproduce or finance) is a felony with not more than 20 years in prison.

The penalty for Child Sexually Abusive Material – Possession is a felony with not more than 4 years in prison.

DEFENSES 
CHILD PORNOGRAPHY OFFENSES

There are a number of defenses to child pornography possession.  For example, the defendant is not in actual possession of it,  the content in question is not child pornography, unintended possession, illegal search and entrapment.

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Troy, MI 48083
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