Bill Text: MI HB5794 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Crimes; penalties; crime of aggravated production, financing, and distribution of child sexually abusive material; provide for. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 145g.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-18 - Assigned Pa 375'18 With Immediate Effect [HB5794 Detail]
Download: Michigan-2017-HB5794-Introduced.html
HOUSE BILL No. 5794
April 12, 2018, Introduced by Reps. Iden, Hauck, Greimel, Hoadley, Noble, Hornberger and Theis and referred to the Committee on Law and Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by adding section 145g.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 145g. (1) A person who persuades, induces, entices,
coerces, causes, or knowingly allows a child to engage in a child
sexually abusive activity for the purpose of producing more than
100 images of child sexually abusive material, or a person who
arranges for, produces, makes, copies, reproduces, or finances, or
a person who attempts or prepares or conspires to arrange for,
produce, make, copy, reproduce, or finance any child sexually
abusive activity or child sexually abusive material for the purpose
of producing more than 100 images of child sexually abusive
material for personal, distributional, or other purposes and to
which all of the following apply is guilty of a felony punishable
by imprisonment for not more than 25 years or a fine of not more
than $125,000.00, or both:
(a) The child sexually abusive material depicts a prepubescent
child or a child who is less than 12 years of age.
(b) The child sexually abusive material depicts
sadomasochistic abuse or bestiality.
(c) The person knows, has reason to know, or should reasonably
be expected to know that the child is a child, that the child
sexually abusive material includes a child, or that the depiction
constituting the child sexually abusive material appears to include
a child, or that person has not taken reasonable precautions to
determine the age of the child.
(2) A person who distributes or promotes, or finances the
distribution or promotion of, or receives for the purpose of
distributing or promoting, or conspires, attempts, or prepares to
distribute, receive, finance, or promote more than 100 images of
child sexually abusive material or child sexually abusive activity
and to which all of the following apply is guilty of a felony,
punishable by imprisonment for not more than 15 years or a fine of
not more than $75,000.00, or both:
(a) The child sexually abusive material depicts a prepubescent
child or a child who is less than 12 years of age.
(b) The child sexually abusive material depicts
sadomasochistic abuse or bestiality.
(c) The person knows, has reason to know, or should reasonably
be expected to know that the child is a child, that the child
sexually abusive material includes a child, or that the depiction
constituting the child sexually abusive material appears to include
a child, or that person has not taken reasonable precautions to
determine the age of the child.
(3) As used in this section:
(a) "Child" means that term as defined in section 145c.
(b) "Child sexually abusive activity" means that term as
defined in section 145c.
(c) "Child sexually abusive material" means that term as
defined in section 145c.
(d) "Sadomasochistic abuse" means that term as defined in
section 145c.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
