Avoiding Sexting, CSAM and Child Porn Criminal Charges in Michigan

Sexting my seem innocent enough when between consenting adults, but when under age people are involved you may find yourself charged with a sex offense which could lead to years in prison. Offenses involving child pornography in the State of Michigan are aggressively prosecuted requiring an equally aggressive criminal defense.

Is sexting illegal in Michigan?

Sexting can be criminal and several statutes have been used to prosecute sexting and CSAM (aka child pornography) in Michigan:

• Michigan CSAM Law: Michigan law makes it a crime to possess, distribute, or produce pornography of a child under 18 years old. Regarding sexting, section 750.145c(2) makes it a felony for someone to persuade a child to produce pornography.
• Disseminating Sexual Explicit Material to a Minor: this statute makes it a felony to send sexually explicit material to a minor.
• Accosting a Child for Immoral Purposes: this law is sometimes used as an additional charge to the CSAM law when one is charged with soliciting sexual images or acts from a minor under 16 years old.
• Use of a Computer to Commit a Crime: this law is almost always added as an additional felony charge to any of the above crimes when an electronic communication device like a phone or computer is used to commit any of the above crimes.

How High School and Middle School Kids End Up Accused of a Sex Crime

New research regarding child and adolescent sex practices and sexual desire shows that more kids than ever are sending and receiving sexually suggestive text messages, including nude photos. Some of these photos may be considered child pornography. This is true even if they are shots of body parts, and don’t show any kind of sexual assault, force or coercion. Consent is not a defense.

Another study shows that sharing of child sexually abusive material (CSAM) is also on the rise. These images may or may not portray sexual assault, sexual penetration, or sexual intercourse of any kind. Certain kinds of child porn cases can result in federal charges, and these can carry long mandatory minimum sentences of 5-15 years.

When children send sexually suggestive photos of themselves to others, it’s often done consensually. However, these pictures can end up being shared many times over and fall into the wrong hands. Regarding CSAM, predatory producers of child porn and CSAM have become much more active online, finding new ways to groom and trap their victims to obtain CSAM from them. Grooming evidence also makes the crime easier to prove based on a new Michigan statute.

Not all young offenders are charged in the juvenile system, and being charged as an adult can cause far worse consequences. To learn about how these decisions are made, see our article: Will My Sexting Case be Handled in the Adult or Juvenile System.

Why is there an increase in sexting and CSAM?

These studies point to a few key factors in the proliferation of CSAM. First, life during COVID has led kids to spend more time online on their phones. This makes potential victims of CSAM predators more available. Additionally, more kids than ever have access to technology and at younger ages. This means there are more potential victims available for predators. Finally, there are more tools for predators to hide themselves. The internet provides ways for predators to connect and discuss the best ways to find victims and evade law enforcement. The dark web provides cover for predators to be anonymous.

If I’m convicted of sexting in Michigan will I be a registered sex offender?

Whether you must register as a sex offender under Michigan’s Sex Offender Registry Act (SORA) depends on the exact statute you were convicted under. If convicted under any of the CSAM (child pornography) statutes, you will need to register under SORA.

The same goes for a conviction under Accosting a Child for Immoral Purposes. Of course, if convicted of Criminal Sexual Conduct for having sex or sexual contact with a minor, that will require SORA registration. All the offenses that currently require sex offender registration in Michigan can be found here.

What should I do if I’m charged with sexting in Michigan?

Hire a Lawyer

If you’re looking at a criminal charge for any sexting-related crime, or are charged with sex crimes of any kind, such as the ones listed above, retain the best Michigan sex crimes lawyer possible right away. It’s important have an attorney and establish an attorney client relationship before talking to law enforcement about the situation. Your criminal defense lawyer will help you create a defense strategy to defend any false allegations or false accusations that could lead to being falsely accused of a sex crime.

Don’t Talk to the Police.

If you’re accused of a crime, or are facing an accusation of sexual misconduct, including CSAM or child pornography, or any other kind of sexual offenses, then don’t talk to the police, It’s also important not to voluntarily give law enforcement your electronic devices, including first and foremost, your phone, unless they have a warrant.

For more information, see our article; How are Sex Crimes Investigated in Michigan. We’ve written other articles to help you know what will happen if you are arrested for a sex crime like an alleged CSAM violation.

If you’re under investigation for, have a child subjected to forensic interviewing, or have been charged with sexting in Michigan, the experienced sex crimes attorneys at the Barone Defense Firm are available to present the best defense for your specific case.