D.G. Moore is a Michigan criminal defense attorney with extensive experience defending individuals accused of sex crimes, including Child Sexually Abusive Activity or Material. This guide explains Michigan’s laws under MCL 750.145c, covering legal definitions, penalties, defenses, and what to do if you are facing charges.

Michigan Penal Code Section 750.145c Definitions: Child Sexually Abusive Activity or Material

Understanding Child Sexually Abusive Activity or Material in Michigan

Under MCL 750.145c, it is a felony offense in Michigan to possess, distribute, or produce child sexually abusive materials, also known as child sexually abusive material (CSAM). This includes photographs, videos, electronic images, or any visual representation involving a child under 18 years old engaged in sexually explicit conduct.

Individuals can face charges for:

• Possession of child sexually abusive material.
• Distribution or promotion of such material.
• Production or creation of child sexually abusive content.

Even appearing to possess or attempting to distribute such material can result in severe felony charges.

Full text of MCL 750.145c – Michigan Legislature

Legal Elements of Child Sexually Abusive Activity or Material

To secure a conviction under MCL 750.145c, the prosecution must prove:

1. The defendant knowingly possessed, created, or distributed child sexually abusive material.
2. The content depicted or appeared to depict a minor (under 18) engaged in a sexual act.
3. The defendant knew or should have reasonably known the depicted person was under 18.

A lack of direct involvement in the production of the material does not prevent a conviction. Simply having the material stored on a personal device, such as a computer storage device, can result in felony charges.

Penalties for Child Sexually Abusive Activity or Material

A conviction under MCL 750.145c carries significant criminal penalties. These offenses are considered forms of criminal sexual conduct and carry severe penalties:

Sex Offender Registration Requirements

• Possession, distribution, or production of CSAM requires mandatory registration on the Michigan Public Sex Offender Registry (PSOR).
• Registration periods range from 25 years to life, depending on the severity of the offense.

Individuals involved in a criminal or civil proceeding related to CSAM must also comply with registration requirements.

Michigan Sex Offender Registry Information

Other Consequences of a Conviction in a Criminal or Civil Proceeding

• Restrictions on employment, particularly in positions involving children.
• Loss of parental rights and potential CPS investigations.
• Social stigma, residency restrictions, and travel limitations.
• Limited eligibility for professional licenses and government jobs.
• Cooperation with a law enforcement agency for ongoing monitoring and compliance.

Defenses Against Child Sexually Abusive Activity Charges

If you have been accused of possessing, distributing, or producing CSAM, you need an aggressive defense. Common defense strategies include:

Presenting or her defense evidence is crucial in building a strong case.

1. Lack of Knowledge

• Accidental possession, such as receiving unsolicited content or unknowingly downloading files, may be a viable defense.
• The prosecution must prove intentional possession beyond a reasonable doubt, demonstrating that the defendant had the material in his or her possession with his or her knowledge and intent.

2. False Accusations

• Disputes, custody battles, or personal conflicts can lead to false accusations.
• Digital evidence can be manipulated to falsely implicate someone.
• It is crucial for anyone facing false accusations to consult his or her attorney to ensure proper legal representation and defense.

3. Mistaken Identity or Computer Storage Device Misuse

• If the material was found on a shared computer, phone, or cloud account, the prosecution must prove who specifically accessed or stored the content. Additionally, it must be established whether the individual or her employee was responsible for the actions involving the device.

4. Entrapment by Law Enforcement

• Some police sting operations lead to wrongful arrests.
• If law enforcement induced an otherwise innocent person into illegal activity, entrapment may apply.
• It is crucial to follow the law enforcement agency’s instructions in cases of entrapment to ensure compliance and understand the legal obligations involved.

Understanding Your Rights – ACLU Guide

How an Experienced Michigan Defense Attorney Can Help

If you or a loved one is facing child sexually abusive activity or material charges, acting quickly is critical. A conviction could mean prison time, sex offender registration, and permanent reputational damage. Many cases can be reduced or dismissed with the right defense.

At D.G. Moore Law, we have successfully defended clients against sex crime allegations by:

✔ Challenging false allegations and misidentifications.

✔ Examining forensic evidence for errors and inconsistencies.

✔ Negotiating with prosecutors for charge reductions.

✔ Building aggressive defense strategies to fight convictions.

Call D.G. Moore Law at (269) 808-8007 today for a confidential case evaluation.

Criminal Defense Practice Areas

Sex Crime Defense

Frequently Asked Questions (FAQs)

What is the penalty for possessing child pornography in Michigan?

A conviction for possession of child sexually abusive materials carries up to 4 years in prison and a $10,000 fine. Under Michigan law, the legal definitions of possession include knowingly seeking and accessing such materials. The severe penalties and consequences reflect the seriousness of these charges.

What is the difference between possession, distribution, and production of CSAM?

• Possession: Simply having the material on a device or storage system.
• Distribution: Sharing or sending the material to others.
• Production: Creating, recording, or facilitating the production of such material.
• These definitions apply regardless of the same or opposite sex of the individuals involved.

Can CSAM charges be dismissed or reduced?

Yes. If there is insufficient evidence, mistaken identity, or an unknowing possession defense, charges may be dismissed or reduced. The importance of consent in legal accountability cannot be overstated, particularly in cases involving child sexually abusive activities and materials, where the presence or absence of his or her consent is crucial.

Does an individual have to download child pornography to be charged?

No. Even viewing such material without downloading it can lead to charges. Viewing material that appeals to a shameful or morbid interest in nudity, sex, or excretion can also result in charges.

What should I do if I am accused of possessing or distributing CSAM?

• Do not speak to police without an attorney.
• Preserve all digital evidence and devices for forensic analysis.
• Contact an experienced Michigan criminal defense attorney immediately.