When The Stakes Are This High,
You Need A Real Defense

Arrested For Possession Or Distribution Of Child Pornography?

Charges relating to child pornography are on the rise. Law enforcement may be notified via an alert regarding a file-sharing service. If a file-sharing service is used by people peddling child porn and you are on that forum, you may get a visit from law enforcement.

Typically authorities watch a person’s online activity for several months before moving in. When the cops come to the door, they may not know exactly what they will find, but they are determined to find something.

Many people charged with possessing child porn have little to no criminal record, or if they do it’s likely not for sex crimes. Most people charged with criminal sexual conduct have no interest in child porn. There is some overlap, but mostly the two types of people are different. But a conviction for child pornography will nonetheless trigger sex offender status, requiring you to check in with local police and possibly restricting where you can live and work.

Experienced Defense For Sex Crime Charges

I am Ryan Maesen, a criminal defense lawyer in Grand Rapids with more than 15 years of experience with sex offenses in Michigan, including defending those accused of contributing to sexual exploitation of children. Child pornography charges are divided into two broad categories: (1) possession and (2) distribution. A third type of offense, (3) using a computer to commit a crime, is almost always tacked onto these charges:

Possession Of Child Porn: Child Sexually Abusive Material Possession MCL 750.145(C)

This carries a maximum penalty of four years in prison and a maximum fine of up to $10,000. This also requires the offender to register as a Tier 1 sex offender. The registration requirement can be enhanced if the offender has prior sex offenses.

In order to prove a person is guilty of possessing child pornography (or accessing it), the Michigan Model Jury Instructions require all of the following to be proven beyond a reasonable doubt:

  1. First, that the defendant possessed child sexually abusive material, looked for child sexually abusive material and intentionally caused it to be sent to or seen by another person.
  2. Child sexually abusive materials are pictures, movies, or illustrations1 of [a person under 18 years of age/the representation of a person under 18 years of age] engaged in one or more of the following sexual acts:

[Choose any of the following that apply:] 

(a) sexual intercourse, which is genital-genital, oral-genital, anal-genital, or oral-anal penetration, whether the intercourse is real or simulated, and whether it is between persons of the same or opposite sex, or between a person and an animal, or with an artificial genital, [and / or]

(b) erotic fondling, which is the touching of a person’s clothed or unclothed genitals, pubic area, buttocks, female breasts, or the developing or undeveloped breast area of a child for the purpose of sexual gratification or stimulation of any person involved, but does not include other types of touching, even if affectionate, [and / or]

(c) sadomasochistic abuse, which is restraining or binding a person with rope, chains, or any other kind of binding material; whipping; or torturing for purposes of sexual gratification or stimulation, [and / or]

(d) masturbation, which is stimulation by hand or by an object of a person’s clothed or unclothed genitals, pubic area, buttocks, female breasts, or the developing or undeveloped breast area of a child for sexual gratification or stimulation, [and / or]

(e) passive sexual involvement, which is watching, drawing attention to, or exposing someone to persons who are performing real or simulated sexual intercourse, erotic fondling, sadomasochistic abuse, masturbation, sexual excitement, or erotic nudity for the purpose of sexual gratification or stimulation of any person involved, [and / or]

(f) sexual excitement, which is the display of someone’s genitals in a state of stimulation or arousal,[and / or]

(g) erotic nudity, which is showing the genital, pubic, or rectal area of someone in a way that tends to produce lewd or lustful emotions.

[Choose either (3) or (4), depending on whether the depiction is an actual person or is a created representation of a person under the age of 18:]

(3) Second, that the defendant knew or should reasonably have known that the person shown in the sexually abusive material was less than 18 years old, or failed to take reasonable precautions to determine whether the person was less than 18 years old.

(4) Second, that the defendant possessed or accessed a portrayal of a person appearing to be under the age of 18, knowing that the person portrayed appeared to be under the age of 18, and all of the following conditions apply:

(a) An average person, applying current community standards, would find that the material appealed to an unhealthy or shameful interest in nudity, sex, or excretion.

(b) A reasonable person would not find any serious literary, artistic, political, or scientific value in the material.

(c) The material shows or describes sexual intercourse, erotic fondling, sadomasochistic abuse, masturbation, passive sexual involvement, sexual excitement, or erotic nudity, as previously described for you.

(5) Third, that the defendant knowingly possessed or knowingly looked for the material.

These are the exact instructions given to a jury in a case like this. While this may be confusing, your attorney can help you navigate the parts that apply to your case.

Distribution Of Child Pornography: Child Sexually Abusive Activity MCL 750.145(C)(2)

This carries a maximum penalty of 20 years and a maximum fine of $100,000. This also requires registration as a sex offender.

It is important to note that more and more prosecutors are charging people with distribution simply for downloading an image to themselves. In other words, you can be charged with distributing child porn to yourself. You don’t need to sell or share it with a third party to be charged with a 20-year felony.

Using A Computer To Commit A Crime: MCL 752.796

This is a tacked-on crime that prosecutors use to add teeth to pornography charges and to use a plea bargaining chip. As a practical matter, it is almost impossible to commit one of the above crimes these days without the use of a computer. This charge can carry a maximum penalty of 20 years depending on the seriousness of the underlying charge.

Contact An Experienced Sex Crime Defense Attorney

If you are being investigated for or charged with child pornography crimes, or you know someone that is, please reach out immediately. You need an experienced criminal defense lawyer who knows how to deal with the prosecution and fight for your rights and your future.

Maesen Law has helped hundreds of individuals across West Michigan, and I can help you, too, during this challenging period of your life. You can call my Grand Rapids office at 616-818-0011 24 hours a day or contact me online.