Distributing Sexually Explicit Material Of Another
Here in the State of Michigan, it is now a criminal misdemeanor is an individual if found to be distributing sexually explicit material of another. In 2016, Michigan modified the criminal code by adding in a misdemeanor offense of anyone distributing sexually explicit material of another. In fact, distributing sexually explicit material of another encompasses more than simple distribution.
MCL § 750.145e definitions dissemination, by incorporating distribution, as “post, distribute, or publish on a computer device, computer network, website, or other electronic device or medium of communication.” Specifically speaking, the statute states that a “person shall not intentionally and with the intent to threaten, coerce, or intimidate disseminate any sexually explicit visual material of another person.” Moreover, in order to be convicted of the crime under MCL § 750.145e, the victim (or other person) must be less than 18 years of age; the other person is identifiable in the material, the other person would reasonable believe the material to be private, and there was no consent for such dissemination. There are also limitations on when distributing sexually explicit material of another will not be considered a violation of the act.
These situations that are excluded from violations, included but are not limited to, to a person engaged in an interactive computer service, information service, telecommunications service, or cable service. These exclusions have specifically defined parameters for the type of service that is included within that section of the statute. These exclusions are limited to specific individuals as well, such as those reporting the crime or police officers, which goes to show the protection afforded for reporting such crimes and acts.
If an individual is convicted of the crime distributing sexually explicit material then he or she is facing a 93-day criminal misdemeanor, plus fines and costs. The statue also provides for individuals who are convicted more than once for the crime of distributing sexually explicit material, bringing about a 1-year criminal misdemeanor if convicted. Lastly, if convicted of distributing sexually explicit material you are not precluded from convictions that could arise from the same acts or circumstances, which may or may not expose greater criminal sanctions. It is always necessary to contact a criminal defense attorney if you believe you will be or you actually have been charged with the crime of distributing sexually explicit material or other criminal misdemeanor or felony here in the State of Michigan.
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