Bill Text: MI HB5607 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Crimes; crimes against minors; dissemination or possession of sexually explicit visual material by minors under certain circumstances; prohibit, and provide penalties. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 145h.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-03-11 - Bill Electronically Reproduced 03/11/2020 [HB5607 Detail]
Download: Michigan-2019-HB5607-Introduced.html
HOUSE BILL NO. 5607
March 10, 2020, Introduced by Reps. Filler and
Guerra and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by adding section 145h.
the people of the state of michigan enact:
Sec. 145h. (1) A person who is less than 18 years of age or who is enrolled in school, who knowingly possesses or disseminates sexually explicit visual material is guilty of a misdemeanor punishable as provided in subsection (3) if all of the following apply:
(a) The person is the subject of the sexually explicit visual material.
(b) The recipient of the sexually explicit visual material did not disseminate the material to any other person.
(c) The recipient of the sexually explicit visual material did not threaten, intimidate, or coerce any individual to create or disseminate the sexually explicit visual material.
(2) A person who is less than 18 years of age or who is enrolled in school, who knowingly possesses or disseminates sexually explicit visual material is guilty of a misdemeanor punishable as provided in subsection (5) if 1 or more of the following apply:
(a) The person disseminated sexually explicit visual material to an individual who is more than 18 years of age.
(b) The recipient of the sexually explicit visual material disseminated the sexually explicit visual material to any individual other than the person who is the subject of the sexually explicit visual material.
(c) The person caused the subject of the sexually explicit visual material to create or disseminate the sexually explicit visual material by intimidation, threats, or coercion.
(d) The recipient of the sexually explicit visual material downloaded the sexually explicit visual material onto an electronic device that is capable of storing the sexually explicit visual material.
(3) Except as provided in subsection (4) for a second or subsequent violation of subsection (1), a person who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.
(4) A person who commits a second or subsequent violation of subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(5) Except as provided in subsection (6) for a second or subsequent violation of subsection (2), a person who violates subsection (2) is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(6) A person who commits a second or subsequent violation of subsection (2) is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $10,000.00, or both.
(7) Any device that contains sexually explicit visual material depicting a subject less than 18 years of age must be purged of the sexually explicit visual material before being released to the owner. However, rather than purging sexually explicit visual material, the court, at its discretion, may order any device depicting sexually explicit visual material to be forfeited and destroyed by the law enforcement agency.
(8) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.
(9) As used in this section:
(a) "Disseminate" means post, distribute, or publish on a computer device, computer network, website, or other electronic device or medium of communication.
(b) "Nudity" means displaying a person's genitalia or anus or, if the person is a female, her nipples or areola.
(c) "School" means any public or private learning institution that services grades K-12, including any online program or home school program.
(d) "Sexually explicit visual material" means a photograph or video that depicts nudity, erotic fondling, sexual intercourse, or sadomasochistic abuse.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
