What is Child Pornography?May 25, 2017, by Criminal Defense, Legal Blog, Sex Crimes in
A conviction for child pornography will change your life for the worse despite the fact that you may feel you did nothing wrong. The ruling will likely be harsh and the consequences will undoubtedly be devastating. You can find yourself facing a long prison sentence and costly fees, as well as registration on the Michigan Sex Offender list.
Attorney Maurice Davis knows Michigan law when it comes to the complexities of child pornography and can provide the knowledgeable guidance you need. He is a Detroit sex crimes lawyer with years of experience, so call (313) 818-3238 for a confidential consultation.
Child Pornography in Michigan
While the state does not use the term “child pornography” in its penal code, it does make clear that possession, distribution, production, and financing of “child sexually abusive material” is against the law. While “material” may seem a bit ambiguous, know that it refers to, for example, books, videos, and pictures that depict minors under the age of 18 engaged in sexual acts. These acts can include, for instance, sexual intercourse, sadomasochistic abuse like bondage with the goal of sexual arousal, and masturbation. Moreover, materials that show minors in the nude or being lasciviously fondled (even if they are clothed) are criminal. It is also a crime to either entice or coerce a child to engage in any of these kinds of activities.
Furthermore, a conviction for child pornography may not always be limited to violating those under the age of 18. You can be charged and convicted for child pornography if you possess, distribute, produce, or finance materials that feature an adult yet depict them as a minor. In such an instance, you could face sentencing if, despite not featuring a minor, the materials:
- Would lead an average person to think they appeal to a morbid and/or shameful interest in nudity and/or sex;
- Would not be described by an average person as demonstrating artistic, scientific, literary, or political value; and
- Either showcase or describe a sexual act in an offensive manner.
The Consequences of a Child Pornography Conviction
Michigan law assigns penalties for a child pornography conviction in accordance with the charge. For instance, you could serve up to four years in prison and be required to pay up to a $10,000 fine for possession of child pornography. A conviction for enticing a minor to participate in pornographic acts could carry a sentence of up to seven years and a fine up to $70,000 while a distribution conviction could mean 20 years in prison and a $100,000 fine.
You could also face federal child pornography charges since it is also a federal crime. That conviction could mean an extended stay in a federal prison.
Contact Davis Law Group to Help
You may not be guilty of child pornography despite the charges brought against you, especially if you were the victim of computer malware or found the materials downloaded onto your computer by someone else. Perhaps you did not know a minor was featured in the materials you possessed, distributed, produced, or financed. An experienced child pornography lawyer in Detroit like Maurice Davis can help you. A child pornography conviction will haunt you the rest of your life when it comes to your career, your marriage, and the stigma of being a registered sex offender.
If you find yourself in the throes of a complicated child pornography case, then Davis Law Group can help. Contact us at (313) 818-3238 to schedule a free consultation.