Detroit Child Pornography, Sexting & Social Media Abuse Defense
Increased use of the internet and smartphones has placed these technologies at the center of many sex crime cases over the last decade. Comments placed on social media, websites accidentally stumbled upon, images sent between acquaintances or other incidents taken out of context can quickly spiral into serious criminal charges. We are here to help you.
Our experienced trial attorneys understand how everyday use of technology can get our clients into trouble. We can clearly explain your situation to the court and look to have your charges dismissed or potential penalties lessened.
We aim to quickly resolve your charges so that you can return to your life. Call our Michigan criminal defense attorneys at our office to discuss your options.
Possession and Distribution of Child Pornography
Michigan defines the possession of child pornography as viewing sexually abusive material involving a minor. Child pornography can be any visual depiction, whether a photography film, video or computer-generated image of sexually explicit conduct that involves a minor. You can be charged for producing, distributing, receiving or possessing with intent to distribute any such images.
Since child pornography is illegal under both Michigan and federal law, it is possible to be prosecuted for both state and federal charges. Besides jail time and fines, the personal consequences of a child pornography case can be devastating to your family, your career and your reputation, even if you are found not guilty. We do not want to see this happen to you and will work tirelessly to prevent it on your behalf
Child pornography and other sex crimes can lead to inclusion on the sex offender registry, which forces you to forgo personal privacy and respect in your community. If you are registered as a sex offender, you can also experience long-term and short-term difficulties in your employment.
Diligent Defense From Charges
The attorneys at Kirsch Daskas Law Group work diligently and use highly trained forensic specialists to defend you against child pornography, sexting and social media abuse charges. We have a duty to ensure that you are treated fairly and to prevent excessively harsh sentencing.
In some cases, the accused may be found with child pornography that came from a Trojan horse or another virus from a third party. At Kirsch Daskas Law Group, our specialized attorneys are well-versed and skilled in sex crime defense. Our clients receive the most aggressive representation possible. We will work diligently on your behalf to reach the best possible outcome.
Sexting Laws In Michigan
Disseminating sexually explicit matter to a minor is an offense under MCL 722.675(5):
- A person can be found guilty of distributing sexually explicit material to someone under 18 under the following conditions:
- The accused may be charged with knowingly disseminating sexually explicit content to a minor if they were aware of the material’s nature and knew that the recipient was a minor.
- The accused is considered to understand the nature of the material if they were aware of its character and content or if they recklessly ignored circumstances that indicated its explicit nature during the offense.
- An accused individual can be deemed to have known the recipient’s age if they were aware that the person they were sharing the material with was a minor or if they recklessly disregarded a significant risk that the recipient was under 18.
Penalty
According to MCL 750.411s, subsection 2, anyone who violates subsection 1 of MCL 750.411s will face criminal charges under Michigan law as follows:
(a) Unless specified otherwise in subdivision (b) of subsection 1, upon conviction, the individual will be guilty of a felony, punishable by up to two years in prison, a fine of up to $5,000, or both.
(b) An individual may also be charged with a felony carrying a maximum penalty of five years in prison, a fine of up to $10,000, or both, if any of the following conditions apply: (i) The sexually explicit image or message was shared in violation of a restraining order. (ii) The sexting message was sent in violation of probation, parole, pretrial release, or bond conditions pending appeal. (iii) The posted sexting message poses a credible threat to the victim, their family members, or anyone living in their household. (iv) The accused has prior charges related to similar offenses. (v) The victim is under 18 years old and the accused is more than five years older than the victim at the time of the offense.
Defense
A possible defense for this sexting laws crime can be that the posted message falls under constitutionally protected free speech or activity.
If you are being charged with disseminating sexually explicit photos, one of the best defenses is consent. You may argue that both parties consented to sexting to get lesser penalties.
Kirsch Daskas Law group is willing and able to defend aggressively if you are facing child pornography charges from sexting. We have found that sexing cases are on the rise in Michigan. Prosecutors can charge minors now under child pornography laws. Please protect your teenager from sex offender registration and prison time by hiring one of his skilled criminal defense lawyers.
Contact Our Lawyers for Thorough Legal Counsel
If you are charged with any sort of sex crime, you require a thorough attorney to evaluate your case and provide a strong defense. Kirsch Daskas Law Group can work with you before you are even officially charged with a crime. The earlier that we can begin formulating a defense strategy, the better chances we have of successfully resolving or lessening your charges.
Call our Bloomfield Hills offices at 248-792-3060 to schedule a consultation. You may also contact our legal team online.
