Michigan Child Pornography Attorney

Defining Key Terms in Michigan’s CSAM Laws

When facing charges related to child sexual abuse material in Michigan, it is vital to fully grasp the definitions for the crime laid out in Michigan Penal Code Section 145c. Understanding the charges is the first step in creating a well-rounded and strong defense strategy. When you work with the team at SBBL Law, we will explain these terms to you, including:

• Child. A child in Michigan is defined as any person under the age of 18 years. There are a few exceptions, such as an emancipated person.
• Appears to include a child. This definition encompasses any depiction that creates the impression of a person under 18 being involved in the material. This can occur through the actual involvement of a minor or by meeting specific requirements, such as appealing to the prurient interest of another or lacking serious artistic value.
• Child sexual abuse activity. The participation of any child in a listed sexual act is defined under Michigan law.
• Prurient interest. This phrase refers to a wrongful interest in sex, nudity, or excretion.
• Child sexual abuse material. CSAM encompasses any kind of depiction of a child engaging in a listed sexual act or that depicts the child in a lewd or sexual way. It encompasses almost all types of sexual and sexualized acts.

Michigan Child Pornography Definition

Michigan law defines child pornography or CSAM under MCL 750.145c as any material that shows a minor who is involved in sexually explicit conduct or displaying the genital/anal area in a sexual manner. CSAM includes any depiction—such as drawings, videos, photographs, or any other form of material—that depicts a child involved in sexual behavior, that includes the lewd exhibition of the genitals, or the erotic fondling or masturbation of developing or underdeveloped breasts.

Sexual acts that are considered to be of pornographic nature under this statute include sexual intercourse, sadomasochistic abuse, masturbation, erotic nudity, and bestiality. However, CSAM includes more than just these acts and can include images or videos of a child posing alone, if the focus of the image is lewd or the context is sexualized. For the purposes of the statute, a minor is an individual who is under the age of 18 years. Minors are considered unable to consent to creating pornography or engaging in sexual conduct with an adult in any way.

Potential Criminal Penalties for Child Pornography Charges

Individuals who are facing child pornography charges could potentially face severe sentencing. By working with a skilled criminal defense lawyer, the person under investigation can understand what penalties their charges may equate to based on the details of their case. The penalties for Michigan child pornography crimes are detailed in MCL 750.145c.

Sentences for Child Sexual Abuse Material (CSAM) in Michigan

Individuals who are found guilty of being in possession of CSAM can face up to 25 years, depending on the material and the particular charges. Additionally, in Michigan, using a computer to commit a crime is a separate charge that allows the judge to impose a consecutive sentence to the underlying charge, resulting in a longer sentence.

Sometimes, if the person is charged with only a small number of images and no aggravating factors are present, the person may be eligible for probation and no jail time, but this requires a skilled defense attorney to navigate. Judges and prosecutors do not go lightly on defendants charged with child pornography offenses because of the nature of the offense, even with no hands-on sexual abuse by the person charged.

CSAM charges in Michigan also require registration as a sex offender under the Sex Offender Registration Act (SORA).

How Can a Child Pornography Lawyer from SBBL Law Support My Case?

At SBBL Law, our dedicated and experienced lawyers employ a client-based approach in which we work one-on-one with you to understand and address the evidence against you, your concerns, and the goal of reducing the potential harm to you from this case. We can work hard to fight for optimal case outcomes, seeking acquittal and working to get your charges or sentencing minimized. We can help you navigate the highly complex criminal defense process in Michigan by supporting you with the following:

• Evaluating your case. An attorney from our team can work to investigate the details of your case thoroughly. We strive to leave no detail untouched as we investigate all the aspects of the case and find any potential weaknesses in the prosecution’s evidence against you.
• Informing you of your rights. If you are facing serious criminal charges, it is critical to be aware of your rights under the law. A dedicated lawyer from our firm can help ensure that your rights are protected before, during, and after the criminal investigation process. Furthermore, we can give you guidance to ensure that you do not unintentionally implicate yourself, which can harm your case.
• Helping you understand your charges. As child pornography charges in the state are complex, it can be difficult to understand the potential penalties you may be facing. A compassionate lawyer from our firm can analyze your charges without judgment and help you understand the potential penalties you could be facing.
• Developing a strong legal defense. Based on your individual case, we can work together to create and implement an optimal criminal defense strategy to seek reduction in charges and a reduction of the potential sentence if convicted.
• Working to suppress evidence. If a lawyer from our firm uncovers that evidence against you was seized or obtained in an unlawful manner, we can file a motion to have that evidence suppressed. In some cases, after certain evidence is suppressed, charges must be completely dropped.
• Negotiating a plea deal. In some cases, it may be ideal to negotiate with prosecutors to have your charges reduced or penalties minimized and move toward an optimal outcome. A criminal defense lawyer from SBBL Law can employ strategic negotiation tactics to advocate for a fair and just outcome on your behalf.
• Representing you in court. If your case goes to trial, our fierce litigators are ready to champion your case, bring forward robust evidence and legal arguments, and work to challenge the prosecution’s case to try and obtain an acquittal of all charges in front of a jury.

At SBBL Law, a diligent and compassionate child pornography criminal defense lawyer is ready to investigate your case, dig into the details, and work to design and implement an effective defense strategy that reduces the potential damage to you and your life.

Defense Strategies Against Child Pornography Charges

If you are facing child pornography charges in Michigan, it is critical to work with an experienced and skilled criminal defense lawyer who knows how to create a strategy tailored to the circumstances of your case and designed to bring about the best possible outcome. A lawyer from SBBL Law can help you by working to develop a strong defense strategy. There are many routes we may take, including:

• Challenging the evidence. As many child pornography cases are based on digital evidence, our legal team commonly works with forensic experts to challenge the authenticity of the evidence being used against you.
• Calling search and seizure procedures into question. Under the 4th Amendment of the U.S. Constitution, individuals have certain rights during search, seizure, and handling processes. If your rights were violated, a lawyer from our firm can call into question the manner in which these procedures were conducted, showing breaches in protocol and working to suppress this evidence.
• Demonstrating a lack of intent. A lawyer from our firm may work to prove that the possession of the illegal content was not knowing or voluntary. We work with computer forensic experts to retrace your computer history, showing that your actions or search history leading up to the alleged criminal action do not align coherently.
• Uncovering false allegations. Oftentimes, defendants are charged with child pornography crimes that are associated with a computer or digital device accessed by multiple individuals. In this case, we can work to show that there is no evidence beyond a reasonable doubt to prove you were the user who committed these crimes.
• Negotiating or pursuing a plea deal. In cases where the prosecution’s evidence is overwhelmingly strong, or where you confessed to the crime when investigators first approached you, it may be in your best interest to negotiate the initial charges down or work to achieve a plea bargain. In some instances, this may be the most effective strategy to reduce your charges or minimize your penalties.

Ultimately, a skilled and dedicated criminal defense lawyer from SBBL Law can litigate aggressively on your behalf in the courtroom. We can execute a robust defense strategy, work to prove that your case cannot be proven beyond a reasonable doubt, and strive to protect your rights and freedom throughout the criminal defense process.

Sex Offender Registration in Michigan

Individuals who are convicted of child porn offenses must register as sex offenders under the state’s sex offender registration act, also known as SORA. Specifically, in Michigan, MCL 28.723 specifies that all individuals who are convicted of child pornography crimes will need to register as sex offenders. The registration process and details include:

• Initial registration. Individuals who have been convicted or released from custody will need to register as soon as possible as a sex offender with the state, usually within three days. Individuals registering must do so at the local law enforcement agency where they are working, living, or studying.
• Information provisions. Sex offenders will need to provide personal information during the registration process, including their full name, date of birth, social security number, an up-to-date photograph, their physical description, and home address. Furthermore, they will need to give their employment or education information, as well as vehicle information.
• Regular updates. Depending on the tier classification of the sex offender, they will need to update their information once a year, twice a year, or four times a year. Any time a change is made to this personal information, they have three days to report it. To report this information, registered sex offenders must physically appear at the local law enforcement agency.
• Penalties for noncompliance. Those who do not adequately comply with these registration laws can face further criminal charges, which can result in imprisonment and fines.

If you are facing difficulties understanding your legal requirement to register as a sex offender, need support throughout the registration process, or are dealing with subsequent criminal charges, a dedicated criminal defense lawyer from SBBL Law can provide you with the legal support you need.

Sex Offender Tier Classification

In Michigan, under MCL 28.722, sex offenders are categorized into three different tiers, which have varying requirements for registration, as well as registration lengths. Individuals who are convicted of child pornography charges are classified under Tier I, Tier II or Tier III sex offender status. By understanding which tier you fall under, you can determine for how long and how frequently you will need to update your personal information for the registry.

Tier I child pornography offenses involve the possession of sexually abusive material involving children, described under MCL 750.145c. Tier I offenders are required to be registered in the state for 15 years, with the mandate of annually updating their personal information. Information must be personally updated at a local law enforcement agency each year.

Sex offenses that are classified as Tier II are more severe than Tier I offenses and include certain forms of abuse or sexual exploitation. Those convicted of a Tier II sexual offense will need to be registered for 25 years in the state. Additionally, they will be expected to verify their information with their local law enforcement agency every six months.

Tier III sex offenses are classified as the most severe and can include aggravated sexual abuse and rape. Tier III sex offenders must be registered for the rest of their lives. They will also need to report every three months to their local law enforcement agency to verify their personal information.

Being classified as a sex offender can put serious restrictions on the type of work you can be involved in, where you can live, and even where you are allowed to go. Further, sex offender registration can have serious social consequences, as information is publicly accessible. Therefore, if you are facing child pornography charges, it is important to work with skilled and experienced legal representation as soon as possible to help minimize the penalties.

Lasting Effects of a CSAM Charge in Michigan

When facing charges related to child sexual abuse material in Michigan, the consequences will stretch outside the legal system. When you are convicted of child pornography and are required to register as a sex offender, it can impact your life in many ways. For example, you may find yourself out of a job. Most employers will not want to hire or work with people who are registered sex offenders.

You may also find it difficult to rent an apartment, as this process will typically require a background check. You are not likely to be approved for the rental property if you are registered as a sex offender. Because the sex offender registry is public knowledge in Michigan, with limited exceptions, if your neighbor learns of your status, you may become subject to harassment, threats, or even acts of violence.

Negotiating a CSAM case in Michigan sometimes results in a lower sex offender registration tier, which can mean that this part of the penalty will impact your life for less time.

Juveniles are not required to register as sex offenders in Michigan. Although juveniles used to be required to register under SORA, they are no longer required to do so. This is the case as long as the person is charged in a juvenile petition handled by the family court, rather than in adult criminal court. This is also the case whether or not the juvenile petition or the juvenile probation officer initially informs the family that the offense carries the potential for SORA registration.

What Should I Do If I Am Charged with Child Pornography Charges?

If you are facing child pornography charges in Michigan, it is of utmost importance to obtain empathetic and experienced legal representation as soon as possible. They can help you understand the implications of your case and charges, work to protect your rights, and fight back with a comprehensive legal strategy. It’s important to note that the earlier you get a criminal defense lawyer involved in your case, the better chances you have for a favorable outcome.

As soon as you suspect that you are under investigation for child pornography or if you’ve been contacted by law enforcement, it is important not to speak with law enforcement officials or other investigators without having a criminal defense lawyer present. As any statements you make can and may be used against you in court, it is crucial to politely decline to answer any questions until you have legal representation present.

It is extremely common for investigators to tell you that they will put in a good word for you with the prosecutor, let you off the hook, or pursue reduced charges if you confess to the crime and are cooperative and remorseful. This is almost never true. It is a perfectly legal police tactic designed to secure a confession. It is much more likely that that confession will cut off any potential defense you have to the charges and may even hamper the ability to negotiate for a reduced offense because a confession means you will have little to no chance of winning at trial. If police ask to speak with you about an investigation, you always have the right to decline. Simply state that you are not comfortable speaking with police without an attorney, and the police are required to stop asking you questions at that point.

Take note of any crucial evidence you may have that could support your defense and work to save or preserve it. For example, if you have any available documents, emails, or communications that could prove your innocence, such as by showing your lack of intent or knowledge, it is critical to keep and store this evidence in a safe place. Be sure to present it to your criminal defense lawyer as soon as you are in contact with them.

It’s important to note that if you alter, delete, or destroy any evidence that could potentially be used against you, this could lead to further legal charges. Work closely with your criminal defense lawyer to understand their advice, as following their counsel accordingly is recommended.

For instance, the instructions they give you regarding document submissions, court appearances, or strategies during legal proceedings are incredibly valuable. By diligently following their guidelines, you can optimize your case outcomes.