In the new day and age of technology, many people have turned to online relationships and simulating intimate experiences through photos and videos. This ‘phenomenon,’ is often called “sexting” and has become a normal part of modern relationships. But, what happens when someone sends an unwanted or potentially illegal picture?
Is sexting a crime?
In Michigan, sexting is not a crime so long as it is conducted between two consenting adults. However, sending illicit pictures or receiving sexts from someone under the age of 16 could be grounds for charges of child pornography, even if the individuals may otherwise qualify under the Romeo and Juliet law.
Issues of sexting minors can become especially difficult when addressing child pornography laws in Michigan. The general age of consent is 16 in Michigan. However, child pornography laws often apply to photos or videos taken of someone under the age of 18, regardless of the general consent law. This could lead to a child pornography charge and being required to register on the sex offender registry, or SORA, for receiving or requesting pictures from someone under the age of 18.
Therefore, it is extremely important that those accused of possessing, creating, or distributing child pornography depicting people over the age of 16 seek advice from a criminal defense attorney. If you are convicted of these charges, you may have to register on the sex offender list, face fines around $10,000, and you could face several years in prison (the Michigan Department of Corrections).
What to do when you have been charged for child pornography
Do not take a chance with your future. If you have been accused of a crime, or someone you love has been accused of a crime, contact Tanis Schultz, PLLC today to discuss your options with our experienced criminal defense attorneys. It is crucial that you have experienced counsel to defend your rights.