Nonconsensual Deep Fake Pornography Charges
Creating and Disseminating Nonconsensual Deep Fake Pornography is Illegal and Can Result in Jail or Prison Time
Deep Fake Pornography Charges – What You Need to Know
Facing a deep fake pornography charge in Michigan can feel overwhelming and unfair. You may ask yourself, “Is this a serious crime?” The answer is yes! Michigan law imposes strict penalties for creating and disseminating nonconsensual deep fake pornography to protect individuals’ dignity and privacy.
Whether you made a mistake, were wrongly accused, or aren’t sure of your rights, you need a skilled criminal defense attorney to help you ASAP. An experienced, respected lawyer will build a strong defense and work to minimize the impact on your life.
What is Nonconsensual Deep Fake Pornography?
Nonconsensual deep fake pornography is essentially fake content, such as videos, images, or photos that have been digitally altered to look real, even though the events never actually happened. Unlike an original recording or untouched photograph, these files are manipulated with technology to falsely place a person’s face, voice, or other unique features into a situation they were never part of. The result is a convincing but entirely fabricated image or video that makes it look like the individual said or did something they never actually did.
These deepfakes cross into pornography when they show a person engaged in sexual acts, whether that’s intercourse, sexual contact, or even the slightest intrusion involving someone’s genitals.
Michigan’s Penalties for Creating and Disseminating Nonconsensual Deep Fake Pornography
The law allows depicted individuals to bring a civil action against a person for the nonconsensual creation or dissemination of a deep fake. In addition to a civil lawsuit, Michigan treats these offenses seriously. A conviction can bring steep fines, years of probation, jail, and even prison time. In addition to criminal penalties, there are indirect or collateral consequences such as unemployability, damaged reputation, loss of civil rights (such as voting and firearm rights), and more.
Misdemeanor Deep Fake Pornography Charges
For the least severe offenses, Michigan imposes misdemeanor criminal charges that are punishable by up to one year of imprisonment, up to two (2) years of probation, and a fine of not more than $3,000.00.
Felony Deep Fake Pornography Charges
The law also allows for felony charges, punishable by imprisonment for not more than three (3) years, up to three (3) years of probation, and a fine of not more than $5,000.00, if one of the following aggravating circumstances applies:
- The victim suffers financial loss because of the deep fake.
- The individual created the deep fake with the intent to profit from its dissemination.
- The individual maintains an internet website or online application for the purpose of creating or disseminating the deep fake.
- The individual posts the deep fake on a website.
- The individual creates or disseminates the deep fake with the intent to harass, extort, threaten, or cause physical, emotional, reputational, or economic harm to the victim.
- The individual has been previously convicted of this charge.
Can You Fight the Charges?
Yes. With the right legal strategy, it’s possible to fight charges of creating and disseminating nonconsensual deep fake pornography. With a strong defense and a credible, respected defense lawyer, the prosecution may elect to dismiss or reduce your charges. Several defenses may apply, depending on the facts of your case:
- Voluntary written consent.
- The creation and dissemination were for a criminal investigation, reporting unlawful conduct, medical or mental health treatment, or legal proceedings.
- The deep fake is related to a matter of public interest.
- The deep fake serves a lawful purpose.
- Law enforcement identified the wrong person.
When the defense attorneys with LEWIS & DICKSTEIN, P.L.L.C. are on the case, they examine every angle, challenge the evidence, and find weaknesses in the government’s case. Our team fights relentlessly to achieve the best possible outcome.
What Happens During the Prosecution of Someone for Creating and Disseminating Nonconsensual Deep Fake Pornography Cases?
Here’s what you can expect if you face charges of creating and disseminating nonconsensual deep fake pornography in Michigan:
- Law enforcement investigates the incident and collects evidence.
- If the government files charges, you will have to appear in court for arraignment.
- The case moves through arraignment, pretrial hearings, and possibly a trial.
Possible outcomes include dismissal, a plea to reduced charges (called a plea bargain), or conviction. A skilled defense attorney can protect your rights and aggressively negotiate on your behalf at every stage for a dismissal or a plea bargain, depending on the case and the case strategy.
What Remedies Are Available for Victims of Deepfake Pornography in Michigan?
Michigan’s deepfake laws do not just create criminal penalties; they also give alleged victims the right to take civil action and recover damages. Under the statute, a person harmed by a nonconsensual deepfake can sue and potentially recover:
- Economic and emotional damages include financial losses caused by the deepfake and compensation for mental anguish, embarrassment, or humiliation.
- If the offender made money from creating or sharing the content, the victim can claim that amount.
- Court costs and attorney fees.
Judges may also issue temporary restraining orders or permanent injunctions to prevent further distribution of the deepfake. If someone violates one of those orders, the judge can hit them with a civil fine of up to $1,000 per day or contempt of court charges.
Why You Need an Experienced Defense Attorney
Creating and disseminating nonconsensual deep fake pornography charges in Michigan can affect your freedom, finances, and future. An experienced defense lawyer can help level the playing field. At LEWIS & DICKSTEIN, P.L.L.C., we:
- Investigate thoroughly and challenge weak evidence.
- Negotiate to have charges dismissed or reduced.
- Represent you in court with confidence and skill.
- Communicate with you truthfully and regularly.
- Fight to protect and defend you every step of the way!
Frequently Asked Questions About Creating and Disseminating Nonconsensual Deep Fake Pornography
What should I do if I’m accused of creating and disseminating nonconsensual deep fake pornography?
Contact LEWIS & DICKSTEIN, P.L.L.C. right away. Do not speak to police or prosecutors without legal advice. Invoke your right to remain silent. Waiting to see if the prosecution files charges in court is a terrible mistake. A skilled pre-charge criminal defense lawyer can frequently mitigate the charges and sometimes prevent them altogether.
Can a conviction for creating and disseminating nonconsensual deep fake pornography be removed from my record?
In some cases, yes. Expungement may be an option depending on the details of your case.
How long does the prosecution for creating and disseminating nonconsensual deep fake pornography take?
Each case is different. Once we evaluate the facts, we can give you a better sense of the likely timeline.
Don’t Face Charges Alone. We can help you!
A conviction for creating and disseminating nonconsensual deep fake pornography can damage your reputation, finances, and freedom. Let us help you fight back. The attorneys at LEWIS & DICKSTEIN, P.L.L.C. have decades of experience and a track record of success in courts across Michigan. We offer free consultations and are ready to start working on your defense today. Don’t wait! Call us now and let us protect your future.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you.
We Are Not Afraid to Win!
