In 2016, Michigan enacted a law that made it a crime to disseminate illicit material of another person under a few circumstances. This law, which follows a nationwide trade, was in response to what is dubbed “Revenge Porn.” 

Revenge porn is when a person shares pornography of their partner or former partner without their consent. The goal of this act is to shame, expose, or humiliate their partner/former partner. This act is not federally illegal but Michigan has criminalized it. 

Most people now own smartphones with readily available internet access. Sexting, or the use of digital messaging to spread nude, erotic, or suggestive images, has become more and more commonplace. Sometimes, when two people end their relationship, explicit photographs that were sent and meant to be kept private can fall into the wrong hands.

Michigan’s Revenge Porn Statute covers the following:

• A person shall not intentionally and with the intent to threaten, coerce, or intimidate disseminate any sexually explicit visual material of another person, contrary to MCL 750.145e(1), if ALL of the following conditions apply:
  • (a) The other person is not less than 18 years of age.
  • (b) The other person is identifiable from the sexually explicit visual material itself or information displayed in connection with the sexually explicit visual material. This subdivision does not apply if the identifying information is supplied by a person other than the disseminator.
  • (c) The person obtains the sexually explicit visual material of the other person under circumstances in which a reasonable person would know or understand that the sexually explicit visual material was to remain private.
  • (d) The person knows or reasonably should know that the other person did not consent to the dissemination of the sexually explicit visual material.

Being found guilty of breaking this law constitutes a misdemeanor crime. A first-time offense of this nature could result in jail time of up to 93 days and a fine of up to $500. A second or subsequent violation could result in up to a year of jail and a fine of up to $1,000.

Is there a legal defense to revenge porn?

An experienced criminal defense attorney, especially one with knowledge of Michigan’s Sex Crimes Statutes, could be able to defend you if you’re facing charges of revenge porn. There are a few different defenses to this crime. First, all aspects of the statute need to be proven beyond a reasonable doubt in order to convict. This means that the victim needs to be identifiable. Second, there needs to be an intent to “threaten, coerce or intimidate.” It also needs to be proven that the images were disseminated by the person accused. 

Highly Rated Detroit Criminal Defense Attorney

Whether you’re charged with any crime, it’s important to seek legal counsel. Your main goal should be to prevent an inaccurate conviction and minimize the sentence for any conviction you may obtain. Detroit Criminal Defense Attorney Ashlee Duplessis can help you obtain the best possible scenario for your situation.