Revenge Porn is the Posting of Explicit Images to Threaten or Intimidate a Victim
In Michigan, pursuant to Michigan Compiled Law (MCL) 750.145e, it is illegal to disseminate any private, sexually explicit visual image of an identifiable adult with the intent to threaten, coerce, or intimidate.
What is Revenge Porn, and what are its consequences in Michigan?
“Revenge Porn” is the act of a former partner posting sexually explicit images of the other partner online without their consent to get back at them for ending the relationship. Posting sexually explicit images of a person without consent is also known as “cyber rape.” A recent national survey of adults revealed that approximately 10 percent of ex-partners have threatened to post these types of pictures online, and about 60 percent do post the images online. Many sites contain the victim’s contact information, leading them to fear not only their reputations but also their personal safety. Because of the stiff penalties for revenge porn and other consequences, it is essential that you do not face allegations without experienced, influential defense counsel.
Revenge Porn and its Consequences in Michigan
Michigan law has criminalized the posting of “revenge porn.” It is illegal to disseminate any private, sexually explicit visual image of an identifiable adult with the intent to threaten, coerce, or intimidate. A first conviction can result in up to 93 days in jail. A subsequent conviction would be punishable by up to one (1) year in jail—the consequences of illegally posting revenge porn increase if the defendant has prior convictions.
The Main Problem is “Selfies”
Are victims more blameworthy or less harmed where the victim themselves took the pictures being distributed? Do these victims experience less harm? The law criminalizing “revenge porn” contains no distinction between photographs taken by third parties or those made by the person depicted in the photograph. One needs to be very careful when taking or posing for pictures of an explicit sexual nature and who has access to images of this type. Posting a photograph on social media without consent, even if the photo itself was voluntarily taken, is considered revenge pornography can carry stiff consequences.
Child Pornography and Revenge Porn
Under Michigan law, children and teenagers who take explicit pictures of themselves are guilty of producing and possessing child pornography. If they share the images with friends, they are subject to prosecution for the distribution of child pornography. The recipient of the image could be charged with receipt and possession of child pornography. It would not be a defense to these charges if the image was taken as a selfie or consensually. Distributing explicit images of a person under 18 to seek revenge will almost certainly result in federal or state charges involving child pornography, otherwise known as CSAM. The consequences of revenge porn are significantly increased if the images are of a minor.
A Defense Attorney Can Help Defend Against Internet Crime Allegations
Excellent criminal defense attorneys are expected to develop new and creative ways of defending people charged with crimes. LEWIS & DICKSTEIN, P.L.L.C. has decades of experience successfully representing people charged with felony and misdemeanor allegations. This is all we do. We are not one of those law firms that “dabble” in many areas of the law. We focus solely on criminal law, and we will do whatever is necessary to obtain the best possible result for a client. You need a top attorney to represent you on revenge porn charges in Michigan and protect you from its harsh consequences.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
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