The Best Child Pornography Lawyers in Michigan: Blank Law, PC
Crimes involving children usually attract serious consequences because the law seeks to protect those vulnerable and that cannot protect themselves. Anyone arrested for child pornography risks a lengthy prison sentence, paying a hefty fine, or both. Not only is child pornography punishable under different state laws, but it is also a federal offense.
Child pornography is any content showing a minor engaging in sexually explicit conduct. Such content includes films, videos, slides, child porn images, negative photos, sound recordings, or computer-generated images. Therefore, not all video or picture content involving naked children is considered child pornography. It only becomes illegal if it is sexually explicit.
Child pornography is a severe offense, and you need legal assistance to put up a solid defense. Finding a great child pornography lawyer can be a hassle, so we are providing you with a guide in this article.
Child Pornography Lawyers
At Blank Law, PC, we are a law firm dedicated to helping defendants get the best outcome in their cases. We specialize in handling sex crimes, including child pornography, and have worked with several clients to develop aggressive sexual assault defense strategies customized to specific child pornography cases.
Attorney Nicole Blank Becker is a top sex crimes defense lawyer with years of experience with federal and state laws on child pornography offenses. After working as a prosecutor for decades, Nicole understands the criminal justice system better than most defense attorneys. She offers excellent legal representation services and you can schedule a Michigan criminal defense attorney free consultation with her today.
How Do You Know if Your Conduct is a Violation of Michigan Pornography Laws?
Child pornography is also called child sexually abusive activity in Michigan. It is any depiction, digital visual image, film, computer-generated image, video, picture, sound recording, or slide of a minor engaging in sexual misconduct. It is a felony, punishable by fine, imprisonment, or both.
Child pornography is considered criminal sexual conduct, a broad term for all types of sex crimes in Michigan. Criminal sexual conduct comprises four degrees of offenses. Child pornography can be categorized under any of these degrees, depending on the severity of the offense, the victim’s age, or the relationship between the offender and the victim.
Michigan porn laws make it illegal for anyone to engage in any activity amounting to child pornography. They are targeted at protecting children from sexual exploitation in the form of pornography. MCL 750.145c(1)(n) lists the conducts considered child pornography:
- Possession of child sexually abusive material
- Production of child sexually abusive material
- Distribution of child sexually abusive material
It is a criminal offense to access, search for, be in control of, or possess child pornography. It is also a violation of law to watch a video or look at a picture containing such content. It is against the law to look at child pornography. You would be prosecuted for child pornography charges even if you were unaware that the material involved a minor. This is especially if you did not try to determine the child’s age.
It is also a crime to produce child pornography. Production, in this context, also refers to making copies or downloading such material. It is a felony offense to induce, coerce, persuade, or entice a child to engage in sexually abusive activity to produce child pornography. Also, anyone who intentionally allows a child to engage in sexual misconduct to produce child pornography is guilty of a criminal offense.
Distributing child pornography is a felony. It is a criminal act to knowingly distribute or promote any child sexually abusive material with the criminal intent of distributing such content. Merely sharing a sexually explicit photo or video does not amount to distributing child porn.
When are Federal Prosecutors Involved in a Child Pornography Case?
Child pornography is a criminal offense under state and federal law. It is any visual depiction of a child below 18 participating in sexually explicit conduct. It is also illegal to produce, possess and distribute child pornography.
Child porn is a federal crime if the crime involves multiple states. Therefore, a person may be prosecuted under federal law for child pornography if they send an illicit video or image of a child to another person in another state (learn more about internet sex crimes). The feds may also be involved if the materials to commit the crime were produced in a different state.
Anyone convicted of child porn may be sentenced to federal prison for 10 years for intentionally possessing child porn. If the offense involves producing or distributing child pornography, or a minor below 12, the punishment is imprisonment for up to 20 years. Child pornography convictions in a federal court may also attract hefty fines, restitution payments, or other court costs.
The penalties for child pornography as a federal offense are subject to federal sentencing guidelines. You must hire an excellent child pornography defense attorney if you face child pornography charges in federal court. Attorney Nicole Blank Becker is an experienced federal criminal defense lawyer who can help you fight criminal charges against you.
What are the Penalties for Child Pornography in Michigan?
Child pornography is punishable by prison time, a fine, or both. The duration of the prison sentence and the amount set as a fine depends on the type of sexual misconduct.
Possession of child pornography is punishable by a maximum penalty of four years in prison and a $10,000 fine.
Producing child pornography is punishable by a maximum penalty of 20 years in prison and a $100,000 fine.
Distribution of child pornography is punishable by imprisonment for up to seven years in prison and a fine of up to $50,000.
The offender would also be required to register with the child abuse registry and the sex offender registry.
Will Hiring a Lawyer Keep Your Name Out of the Sex Offender Registry?
In Michigan, convicted offenders must maintain a criminal record with the Michigan Sex Offender Registry. Since child pornography is considered criminal sexual conduct, anyone faced with a child pornography conviction must register as a sex offender.
Registering as a sex offender is one of the most severe penalties for criminal offenses of a sexual nature. Once you have such a criminal record, it becomes accessible to the public. Anyone, including your neighbors, current and potential employers, and friends, can see your private details, including your name, address, details of the offense, and photograph.
The duration for maintaining a record with the registry depends on the severity and categorization of the offense.
This is for more serious offenses (like criminal sexual conduct 2nd degree), and the period with the registry for the convicted offender is 25 years. Learn more about what is a tier 2 sex offender here.
This is reserved for the most severe offenses, particularly sex crimes relating to children, like criminal sexual conduct 1st degree and criminal sexual conduct 3rd degree. The duration with the registry is permanent. Learn more about what is a tier 3 sex offender here.
Depending on how your offense is classified, you would need to maintain a criminal record with the registry for a minimum duration of 15 years and a maximum period for life upon a conviction. Learn more about if the sex offender registry is for life and how to remove your record from the Michigan registry here.
Hiring a lawyer can help you avoid a conviction, but your lawyer cannot prevent a sex offender registration if you have already been convicted. So you need to choose a sex crimes defense lawyer with a track record of success. You should hire a criminal sexual conduct attorney once you are arrested to give you adequate time to prepare a criminal sexual conduct defense strategy to keep you out of prison. Your freedom and reputation are on the line, and you must act immediately.
What to Look Out for when Choosing a Child Pornography Lawyer
Facing child pornography charges can be terrifying, especially if you have so much at stake, like your job, relationships, or reputation. Nobody enjoys being investigated, arrested, or the thought of being locked up in prison for a criminal offense.
Therefore, you need the services of a criminal law firm if you or your loved one is arrested for a child pornography crime. Your choice of CSC defense attorney is crucial to your case’s success, so you must make a careful selection.
When choosing an attorney to represent you or your family member in a child pornography case, a vital factor to consider is the attorney’s area of specialty and expertise. You should not just hire any defense lawyer familiar with the criminal justice system in your state. You need a lawyer with sufficient expertise in child pornography cases. Learn more about what to look for in a criminal defense lawyer here.
Child pornography attorneys are better suited to helping you beat a child pornography charge. They understand the workings of federal law and state child pornography laws, so they can advise you on the best legal defenses. Ensure you have an experienced criminal defense attorney representing you.
You also need to ensure that your child pornography defense lawyer is someone you can trust. Once you create an attorney-client relationship, you must provide your lawyer with all confidential or sensitive information and evidence. Your lawyer can guide you in responding to law enforcement agencies, preparing for trial, and fighting the charges against you.
Attorney Nicole Blank Becker of Blank Law, PC is a top child pornography lawyer in Michigan. Her experience as the former chief of the Child Abuse Unit and Sex Crimes Unit in Macomb County gives her a unique edge over all other sex offender lawyers and sexual assault lawyers. She is willing and available to fight for you if you have been prosecuted for child pornography crimes under federal or state law. Contact Blank Law, PC today!