Michigan Revenge Porn Lawyer – MCL 750.145e(1)

Revenge porn, the non-consensual sharing of intimate images or videos, has become a pressing issue in today’s digital age. In Michigan, lawmakers have recognized the seriousness of this crime and have implemented specific laws to address it.

If you or someone you know is facing charges related to revenge porn in Michigan, it’s crucial to understand the applicable laws, potential penalties, and available defenses.

Below, George Law provides an in-depth overview of the topic, shedding light on MCL 750.145e(1) and its implications.

What Does MCL 750.145e(1) Entail?

Revenge porn is specifically addressed under Michigan Compiled Laws Section 750.145e(1), which sets forth the legal framework for prosecuting and penalizing individuals involved in the non-consensual distribution of sexually explicit material. It’s crucial to have a clear understanding of this statute to comprehend the elements of the offense and its implications.

Explanation Of The Law

Under this law, it is illegal for a person to intentionally distribute sexually explicit pictures or videos of another person, with the intention to threaten, coerce, or intimidate them. However, certain conditions must be met for this law to apply.

• “Disseminate” means posting, distributing, or publishing sexually explicit material on a computer device, computer network, website, or any other electronic device or communication medium.
• “Nudity” refers to showing a person’s genitalia or anus. If the person is female, it also includes showing her nipples or areola.
• “Sexually explicit visual material” includes photographs or videos that show nudity, erotic fondling, sexual intercourse, or sadomasochistic abuse.

Michigan Voyeurism Lawyer – MCL 750.539

Conditions For The Law To Apply

The law applies if the following conditions are met:

• The person depicted in the sexually explicit material is at least 18 years old.
• The person can be identified from the material itself or information associated with it. However, this doesn’t apply if someone else provided the identifying information.
• The person distributing the material should have known or understood that the material was meant to be private.
• The person distributing the material knows or should reasonably know that the depicted person did not consent to its dissemination.

Exceptions To The Law

There are certain exceptions to this law. It does not apply to the following situations:

• If the content is provided by someone else and the person distributing it is engaged in providing specific types of services like interactive computer services, information services, telecommunications services, cable services, mobile services, or video services.
• If the sexually explicit material is part of a news report, commentary, or artistic work, such as a performance, artwork, literature, theatrical work, music, film, or audiovisual work.
• If a law enforcement officer, corrections officer, or guard in a correctional facility or jail is disseminating the material as part of their official duties.
• If someone is distributing the material while reporting a crime.

Other Violations Of Law

Even if you violate this law, you can still be charged, convicted, and punished for other crimes you committed while violating or attempting to violate this law.

First-Time Violation

If you are found guilty of violating MCL 750.145e, the penalties for a first offense can include:

• Misdemeanor charge
• Imprisonment for a maximum of 93 days
• A fine of up to $500.00

Subsequent Violations

For a second or subsequent violation of MCL 750.145e, the penalties become more severe, including:

• Misdemeanor charge
• Imprisonment for a maximum of 1 year
• A fine of up to $1,000.00

Defenses To Dissemination Of Sexually Explicit Visual Material Charges

Lack Of Intent

One possible defense is to argue that you did not intentionally disseminate the sexually explicit visual material with the intent to threaten, coerce, or intimidate the other person. If you can demonstrate that there was no malicious intent behind your actions and that you had a legitimate reason for sharing the material, it may weaken the prosecution’s case.

Lack Of Identifiability

Another defense is to claim that the other person depicted in the material is not identifiable from the material itself or the information associated with it. If it can be shown that the person’s identity cannot be reasonably determined from the material or that the identifying information was provided by someone other than you, it may help in challenging the charges.

Lack Of Knowledge Of Privacy Expectation

You can assert that you were unaware of the circumstances under which the sexually explicit visual material was intended to remain private. If you genuinely believed that the material was meant for public dissemination or had a reasonable basis to believe so, it could be argued that you did not violate the law.

Lack Of Knowledge Of Non-Consent

A defense can be built around the argument that you did not know or reasonably should not have known that the other person did not consent to the dissemination of the sexually explicit visual material. This defense relies on establishing that you had a reasonable belief in the existence of consent or were unaware of any lack of consent.

Applicable Exceptions

You may also rely on the exceptions outlined in the statute. If your case falls within any of the exceptions, such as engaging in lawful activities like providing certain services or disseminating the material for specific purposes like news reporting, commentary, or artistic expression, you can argue that your actions are protected by the exceptions and not subject to prosecution.

Mistaken Identity Or Lack Of Evidence

If you can demonstrate that you were wrongly identified as the disseminator of the sexually explicit material or that there is insufficient evidence to prove your involvement beyond a reasonable doubt, it can cast doubt on the prosecution’s case against you.

Seek Legal Assistance From George Law Revenge Porn Attorneys

If you find yourself facing charges related to revenge porn in Michigan, it’s crucial to have the right legal support on your side. At George Law, our skilled attorneys understand the complexities of revenge porn cases and the potential consequences that individuals may face. We are committed to providing personalized legal guidance, diligently protecting our clients’ rights, and striving for the best possible outcomes.

If you have been charged with revenge porn or believe you may be at risk, don’t navigate the legal process alone. Contact George Law today to schedule a confidential consultation. Our dedicated team will listen to your concerns, assess the details of your case, and provide you with strategic advice tailored to your specific situation. Reach out to George Law today by calling (248) 247-7459 or by contacting us online.