In Michigan, it is unlawful for people to make, sell, or have pornographic materials that depict children, and if they do, they can be charged with a child sexually abusive material (CSAM) crime. Michigan aggressively prosecutes CSAM crimes, and people convicted of such offenses may spend decades in prison.
Penalty
The Michigan Penal Code (the Code) refers to child pornography as child sexually abusive material. Pursuant to the Code, anyone that knowingly allows or persuades, entices, causes, or coerces a child to participate in child sexually abusive behavior or acts for the objective of creating any child sexually abusive material, will be found guilty of a felony and may be sentenced to up to 20 years in prison and fines of up to $100,000.
It is also a felony for people to reproduce, finance, make, copy, or arrange such activity or materials, or to conspire to do so, if they know or should reasonably know that the materials include a child or appear to include a child, or if they failed to take the reasonable measures to determine the age of the person depicted in the materials. Under the Code, anyone under the age of 18 is considered a child.
The Code imposes greater penalties on individuals convicted of crimes related to the production and distribution of child sexually abusive material if the material involves bestiality, sadomasochistic abuse, or a prepubescent child. Specifically, such acts are punishable by up to 25 years in prison and fines of up to $125,000.
It is also a crime to possess or seek and access any child sexually abusive material in Michigan if the person doing so knows or has cause to know that it depicts a child or appears to include a child or if they have not made reasonable efforts to determine the person’s age. Such offenses are felonies punishable by up to four years in prison and fines of up to $10,000.
Contact Kirsch Daskas Law Group
Call our Bloomfield Hills office at our office to address your charges today. You can call us on 248-792-3060. You may also contact our accomplished legal team online.
