Distribution of Sexually Explicit Content to a Minor

The distribution of sexually explicit content to children remains illegal in Michigan and is punishable by years in prison.

What You Need to Know About Distribution of Sexually Explicit Content to a Minor

According to Michigan law, it is a felony to share sexually explicit material with someone who is a minor. A minor is considered to be anyone younger than 18 years old. The prosecution actively pursues such cases when digital communication contains explicit content that reaches individuals under the age of 18 through images, videos, and links. MCL 722.675 controls the penalty for the distribution of sexually explicit content to a minor, and the punishment for being convicted is severe.

What Constitutes Distribution of Sexually Explicit Content to a Minor

According to MCL 722.675, a person who distributes sexually explicit content to a person under eighteen years of age faces felony charges. The distribution of information through any means, including email, text messages, and posting online and social media platforms, falls under this definition. The legal definition of “sexually explicit” covers all forms of visual content, including photographs and videos.

The prosecution needs to establish the following three elements to secure a conviction under MCL 722.675:

1. The defendant purposefully distributed the material.
2. The material contained sexually explicit content that satisfies the legal standards.
3. The defendant had sufficient reason to believe the recipient fell into the minor age category.

The law does not need physical contact between individuals for it to apply. Sending explicit content to a minor who accesses or receives it typically leads to criminal charges.

Potential Penalties

The laws of MCL 722.675 impose severe penalties for those who are convicted. Michigan penalties for sexting a minor with sexually explicit content include the following:

• Up to two (2) years in prison
• Up to five (5) years of probation
• A fine of up to $10,000.00
• Possible registration under Michigan’s Sex Offender Registration law

Additional criminal charges may be filed because of the defendant’s communication methods, such as computer crimes or accosting a minor for an immoral purpose. The defendant’s case facts will determine whether the prosecution files additional charges. For example, suppose sexually explicit videos are sent from a cell phone or computer. In that case, the prosecutor might charge the suspect with a separate Michigan felony called “Using a Computer to Commit a Crime.”

Impact Beyond Sentencing

A person convicted of disseminating sexually explicit material to a minor may face prison time, but still experience lasting effects from their conviction, even if they avoid imprisonment. Judges maintain the authority to set conditions of probation that include:

• Sex offender treatment
• Restrictions on internet and phone use
• No unsupervised contact with minors
• Regular polygraph exams
• Loss of civil rights
• Travel restrictions and curfew
• Immigration Consequences

Defenses to the Charge

The cases usually depend on the particular circumstances, together with the available digital evidence. A skilled defense attorney could defend their client by using several possible defenses against the prosecution. Defenses for distributing explicit material to a minor include the following:

• Lack of intent serves as a defense under the statute when a defendant distributes material without knowing it is explicit. A valid defense may exist if the sharing occurred accidentally or if the defendant had a reasonable belief that the material lacked explicit content.

• The defendant should not face charges if they had proof that the recipient was older than eighteen. This defense is restricted in its application because it needs strong evidence to support it.

• The prosecution sometimes fails to prove technical details that demonstrate the defendant’s involvement in the distribution of sexually explicit material to minors.

• The defendant successfully defends against this charge when the state fails to show both material distribution and the minor’s age at the time of the alleged offense.

• Evidence collected without proper warrants or illegal search and seizure procedures becomes inadmissible as court evidence.

Why You Need a Criminal Defense Attorney

The severe consequences of this felony offense make the situation extremely dangerous. First-time offenders with no criminal history still face the possibility of prison time as well as probation and negative effects on their reputation. A criminal defense lawyer with extensive experience should represent you right away.

The criminal defense law firm LEWIS & DICKSTEIN, P.L.L.C. defends clients who face all types of sex-related and computer-related charges, including disseminating sexually explicit material to minors. Our legal team possesses the skills to analyze forensic evidence while disputing search warrants and working with prosecutors to achieve favorable results. Our team approaches every case with complete dedication because we understand the importance of protecting your rights and future.

Pre-charge Attorney for Explicit Content Cases in Michigan – Taking Preventive Actions When Under Investigation

Under all circumstances, you should avoid talking to law enforcement officials without an attorney present when you suspect an investigation into your activities. Everything you state during this investigation will end up serving as evidence against you. Law enforcement agents, who operate online, may pretend to be children to catch suspects, and even short dialogues become evidence of criminal plans.

Your first step should be to contact a pre-charge defense attorney immediately. Our team provides guidance throughout the precharge stage to prevent any possible charges from being filed. Our pre-charge involvement at the beginning stages of a case helps lower charge severity and generates possible diversionary solutions when charges are unavoidable.

Our Approach to Felony Defense

The law firm of LEWIS & DICKSTEIN, P.L.L.C. operates differently from typical law firms. Our defense team works as a unit through strategic collaboration among multiple, experienced defense attorneys for every case we handle. You will receive the support of an entire powerful legal team instead of one lawyer. The firm enjoys a strong reputation for being tough, respectful, and acting with integrity while delivering exceptional courtroom abilities across Michigan.

Our law firm successfully protects clients from prison sentences and maintains their reputation while securing beneficial solutions for their future. Our defense practice includes both litigation and negotiation to achieve the best available outcome in every case.

Michigan’s Definition of Sexually Explicit Content

Sexually Explicit Content means sexually explicit visual material, sexually explicit verbal material, or a sexually explicit performance.

• “Sexually explicit performance” means a motion picture, video game, exhibition, show, representation, or other presentation that, in whole or in part, depicts nudity, sexual excitement, erotic fondling, sexual intercourse, or sadomasochistic abuse.

• “Sexually explicit verbal material” means a book, pamphlet, magazine, printed matter reproduced in any manner, or sound recording that contains an explicit and detailed verbal description or narrative account of sexual excitement, erotic fondling, sexual intercourse, or sadomasochistic abuse.

• “Sexually explicit visual material” means a picture, photograph, drawing, sculpture, motion picture film, video game, or similar visual representation that depicts nudity, sexual excitement, erotic fondling, sexual intercourse, or sadomasochistic abuse, or a book, magazine, or pamphlet that contains such a visual representation. An undeveloped photograph, mold, or similar visual material may be sexually explicit material, notwithstanding that processing or other acts may be required to make its sexually explicit content apparent.

• “Video game” means an object or device that stores recorded data or instructions generated by a person who uses it, and by processing the data or instructions creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, game console, or other technology.

Juvenile Defendants and Sexting Cases

Can a minor be charged for sharing explicit images with another minor? A minor who transmits sexually explicit content to another minor may be guilty of distribution of sexually explicit content to a minor. Suppose two minors are in a romantic but non-sexual relationship. One of them transmits pornography to the other during a “sexting” communication. If that happens, the sending minor is guilty of the felony and might face prosecution, potential removal from their home, and years of court supervision.

The Role of Digital Evidence and Social Media

Law enforcement is adept at investigating and prosecuting computer crimes. Detectives and federal agents use a wide range of investigative tools. For example, most law enforcement agencies use a program called Cellebrite to analyze electronic devices such as cell phones, computers, and tablets. This powerful forensic tool can generally determine just about everything someone has done with their device, including what they’ve looked at, downloaded, communicated about, deleted, and much more.

Impact on Employment and Future Opportunities

Any criminal conviction may result in various direct consequences, including jail, probation, and fines. There are also potential collateral consequences, such as the inability to find employment, loss of a job, suspension or revocation of a professional license, and expulsion from college. Those with convictions related to sexual crimes against children will undoubtedly find it extremely difficult to find and keep employment with any employer who utilizes background checks. College or graduate students are subject to expulsion from their university if convicted of the distribution of sexually explicit content to a minor.

Your Best Defense Against Distribution of Sexually Explicit Content to a Minor Charges Starts Here

The law firm LEWIS & DICKSTEIN, P.L.L.C. provides legal assistance to clients who face Michigan felonies, including Distribution of Sexually Explicit Content to a Minor charges. Our team offers free consultations and conducts confidential case evaluations. Our legal team exists to protect everything important to you. If you call, we will answer your questions, address your concerns, and, most importantly, find a way to help you!

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!

Frequently Asked Questions

Is it a felony to send explicit content to a minor in Michigan?

Yes, distribution of sexually explicit content to a minor is a felony.

Can the accidental sharing of explicit content to people below the age of eighteen lead to criminal consequences?

Accidental sharing can result in charges, but it should not result in a felony conviction. The prosecution must demonstrate that the defendant acted knowingly and intentionally to prove a crime. The lack of knowing involvement does not guarantee a defendant will avoid conviction.

Does a person convicted under MCL 722.675 need to register as a sex offender?

Generally, no. The charge itself does not mandate registration, but the catch-all provision of Michigan’s SORA might trigger registration requirements.

Do I face any consequences if I did not understand the recipient’s age at the time of sending the content?

The defendant can successfully defend themselves if they demonstrate they believed the recipient to be an adult at the time of transmission. The available defense for this offense requires specific proof in each situation.

Do first-time offenders face the possibility of jail time after their initial offense?

Yes. A judge can impose either jail or prison time, regardless of whether the defendant has any previous convictions. The case-specific details, the defendant’s history, and their personal characteristics determine the potential punishment.

Should I respond to police inquiries while being investigated?

No. Never discuss matters with law enforcement agents before consulting a qualified criminal defense attorney. The possibility of becoming self-incriminating remains exceptionally high.

What happens if the minor lied about their age online?

Michigan law requires that the sender of explicit content know that the recipient is a minor. The defendant can raise the lie as a defense at trial.

Are there diversion programs available for first-time offenders in Michigan?

There is a diversion program called HYTA for an offender under 26 years of age. An older defendant might be able to negotiate a dismissal at the conclusion of probation under Michigan’s delayed sentence statute, or their attorney might be able to negotiate for an earlier dismissal.

Can text-only messages lead to charges under MCL 722.675?

Yes, text messages can lead to charges if the content meets the definition of sexually explicit content.

What qualifies as sexually explicit under MCL 722.675?

Generally, it means knowingly sending or providing a minor with sexually explicit content or materials.

Can you go to jail for texting explicit photos to a minor in Michigan?

Yes, you can go to jail or prison for sending explicit photos or pornography to a minor. In addition to facing charges for disseminating sexually explicit material to minors, you might also face charges for contributing to the delinquency of a minor.