Revenge Porn and its Consequences in Michigan

What is Revenge Porn and what are its consequences in Michigan?

Social_Media_Defense_AttorneyRevenge Porn” is the act of a former partner posting sexually explicit images of the other partner online without their consent as a way to get back at them for ending the relationship. This is also known as “cyber rape”. A recent national survey of adults revealed that approximately 10 percent of ex-partners have threatened to post these types of pictures online and about 60 percent of the threats become reality. Many sites contain the victim’s contact information, leading them to fear not only for their reputations, but also for their personal safety.

Revenge Porn and its Consequences in Michigan

Michigan law makes it a two-year felony and/or a $5,000 fine for posting a message on the internet without the consent of the other party. There is a case from Marquette that is working its way through the court system where a man posted nude pictures of his ex-girlfriend on the internet without her permission to retaliate against her for ending their relationship. At this time, Michigan does not have a specific law dealing with revenge porn. A bill has passed the Michigan House of Representative and Michigan Senate criminalizing the posting of sexually explicit image of another person on internet with intent to frighten, intimidate, or harass. As of the time of this blog, the bill has not yet become law.

The Main Problem is “Selfies”

Are victims more blameworthy or perceived as experiencing less harm where the pictures being distributed were taken by the victim themselves? Do the victims actually experience less harm? The law in California criminalizing “revenge porn” applies only if the person distributing the pictures also took them. One needs to be very careful when taking or posing for pictures of an explicit sexual nature. In this day and age of multimedia instantaneous exposure a person needs to be hyper-careful of everything they involve themselves in that could pose a risk or embarrassment in the future.

Child Pornography and Revenge Porn

Children and teenagers who take explicit pictures of themselves and share them with friends, girlfriends or boyfriends are subject to prosecution for distribution of child pornography. The recipient of the image could be charged with receipt and possession of child pornography. It is not a defense to these charges if the image was taken as a selfie or consensually. Distributing explicit images of a person under 18 for purposes of taking revenge will almost certainly result in federal or state charges.

An Experienced Michigan Criminal Defense Attorney Can Help if you are Charged with Committing an Internet Crime

Michigan Criminal Defense AttorneysThere are often times that a criminal defense attorney is expected to come up with new and creative ways of defending people charged with crimes. LEWIS & DICKSTEIN, P.L.L.C. has decades of experiences successfully representing people charged with felony and misdemeanor allegations. In fact, this is all we do. We are not one of those law firms that “dabble” in many areas of the law. We focus solely on criminal law and we are dedicated to doing whatever is necessary to obtain the best possible result for a client. If you are charged with a revenge porn offense, or another other criminal offense, in Michigan, please contact us at (248) 263-6800 or complete a Request for Assistance Form and one of our experienced defense attorneys will contact you.

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