Michigan Sex Crime Attorneys Blog

Hillsdale, Michigan news reports that an investigation is underway into teenage sexting at Hillsdale Highschool. Currently, two Hillsdale High female students, as well as a male student from another school are being questioned in connection with the exchanging of "sexually explicit" pictures via text. Sexting may be considered possession of "child pornography" and illegal under Michigan law. According to the report, if sexting charges are filed, the two minor females would be tried as juveniles, and the male who is 17 would be tried as adult.

If you or your teen is accused of sexting, it is important to speak with a Michigan sex crime lawyer at once. Because sexting may be considered a sex crime, significant penalties and consequences exist if convicted. Sexting charges are often filed as possession of child pornography or child sexual abusive material. In fact, the possession of any sexually explicit materials of anyone under the age of 18 whether video, digital or electronic is a serious felony. The taking of such images may be classified as "manufacturing" and when a person hits "send," the action may be called distribution. As a result when teenagers make an error in judgment, such as a decision to send a provocative photo to a boyfriend or girlfriend via text, that choice can quickly escalate to a charge of child pornography.

Here, the Hillsdale prosecutor notes that she expects sex crime charges to be filed. The minors would likely face lesser penalties aimed at rehabilitation, such as fines, community serves and counseling. However the 17-year-old could face felony sex crimes charges, with a potential penalty of 20 years in prison.

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In the wake of the Michigan child pornography charges filed against Evan Emory, scholars are reviewing what the standards should be concerning the sharing of digital images, often not tied to any sexual malice yet charged as a sex crime with significant and often life long consequences.

Evan Emory is facing charges of distributing child sexually abusive materials after he edited a video to make it look like elementary school children were listening to him sing a sexually graphic song. He faces 20 years in prison and placement of his name on the Michigan sex crimes registry.

As stated in a recent article from the NewYork Times the Evan Emory case has drawn strong reaction both from Muskegon residents and around the world in such far reaching places as Ireland and Australia, noting that the case "underscores the still evolving nature of the law when it comes to defining child pornography in the age of Facebook, YouTube and sexting."

Unlike adult pornography, child pornography is not provided the same First Amendment protections because the laws presume a child is being harmed. But, the reality is that "now we have situations where people are being arrested and charged" in connection with digitally altered images, where no child was abused.

Continue reading "Michigan Child Pornography In The Facebook Era" »

Michigan news reports that the Muskegon County Prosecutors office has filed felony sex charges against singer-songwriter Evan Emory after creating a sexually-themed video and allegedly inserting innocent images of first graders into the film. He then posted the video on YouTube. Emory now faces charges of manufacturing child sexually abusive materials - making child porn - and faces 15 to 20 years in jail. His preliminary hearing scheduled for this week has been postponed.

If you have been charged with any sex crime, it is critical to contact an aggressive Michigan sex crimes defense lawyer at once to protect your reputation and your rights, and begin preparing your defense.

Emory allegedly performed an innocent song in front of the school kids and videotaped the children during the performance. He then videotaped a second version with sexual references outside the presence of the children, edited the video tape so that it appeared the children were reacting to the explicit song, and posted it on YouTube.

Here, the charges of manufacturing child pornography overstate the real actions and motivation of Emory. Despite perhaps a lack of good judgment, Emory is not a sex offender nor did he have criminal intentions. Instead, reports state that he wanted to make people laugh. Subjecting him to substantial time in jail and requiring him to have his name listed on the Michigan sex crimes registry would be a significant injustice. While Michigan is currently looking at ways to reform the registry, placement of someone like Emory - more of a youthful prankster than a violent predator - shows the inadequacy of the current system.

Continue reading "Muskegon County Felony Sex Charges Filed In Evan Emory YouTube Video Case" »

Eggleston Township Treasurer Brian Lee Hill is free after more than three years in prison Hicks was sentenced to "time served" on charges of "possessing" child-pornography with a requirement that he complete "targeted sex offender therapy" and maintain, or at least be searching for, full-time employment. His sentence was reduced from "producing" child pornography, a felony carrying with it a 20-year sentence to "possessing" child pornography, a 4-year felony.

In a precedent setting decision, the Michigan Supreme Court determined that when someone downloads information from the internet for his or her own personal use it constitutes possession, not producing or manufacturing. This case has widespread implications in a variety of areas, affecting the legal ramifications of downloading any type of material from the internet.

As a result of this decision, Hill was freed on "time served."

Often laws written before the explosion of personal computers, internet usage and cell phones have unintentional consequences when applied to modern day life. Here, the Supreme Court examined legislative intent and determined that the statutory scheme did not support imprisoning someone for a significant amount of time where it wasn't clear beyond a reasonable doubt that the accused intended to distribute the materials. The court explained "It is clear that the Legislature intended only that defendant could be convicted of the 4-year felony of knowingly possessing child sexually abusive material...Those who copy or duplicate existing prohibited images do not produce or make child sexually abusive material ... rather, they are only in possession of it."

Unfortunately in many situations law enforcement officers seek convictions on activities that do not fit within the original legislative intent. As a result, it is critical to obtain a knowledgeable and aggressive sex crimes defense attorney at once if you've been charged with a Michigan sex crime to fight for your future and ensure you don't become the victim of overzealous prosecution.

A man lured into a sex sting has been found competent to stand trial and will appear Friday in Livingston County Circuit Court. The Detroit man was one of nine men caught in an undercover sex sting targeting individuals who use the internet to send pictures or explicit materials to minors.

With the proliferation of chat rooms and social networking sites, law enforcement agencies have increasingly set up "stings" by attempting to lure otherwise law-abiding citizens into inappropriate conversations with minors. When officers entice individuals into downloading or sharing inappropriate images over the internet, this may be used as evidence of criminal conduct, such as solicitation of a minor. However, if the police overstep their authority and violate individual's rights, the defense of entrapment may be used to gain an acquittal or dismissal of an internet sex crimes charge.

In Michigan, entrapment occurs when the police engage in impermissible conduct that would induce a law-abiding citizen under similar circumstances to commit the crime, or police engage in conduct so reprehensible that it cannot be tolerated by the court.

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As Michigan teenagers prepare to go back to school, parents, school administrators, and even some local officials are putting out the message about the dangers of sexting and the possibility of racy photos being passed around from student to student. Further, across the country, several states are considering enacting laws prohibiting sexting between minors. Despite the real dangers of teenage sexting and the possibility of photos reaching unintended sources, criminalizing this behavior is unnecessary. While advocates of sexting laws argue that making teenage sexting illegal is necessary to protect children from exploitation, opponents disagree, arguing that criminalization violates freedom of expression and privacy rights.

The director of the ACLU of Pennsylvania, one state considering criminalization explains, "So in the scenario where a teenage couple is sharing pictures with each other, and they involve only nudity, not sex acts, they can be charged. Teaching kids about their sexuality is the job that belong to parents and educators, not prosecutors."

Much of the debate arose out of Miller v. Skulniak, a 3rd Circuit barring prosecutors from filing charges against a Pennsylvania teen.

In Michigan, sexting remains a felony, stemming from child pornography laws. Thus, a teenager who sends photos of himself or herself to a girlfriend or boyfriend may be charged with distribution of child pornography, a charge with significant lifelong consequences.

Such harsh consequences are disproportionate to an act that is often innocent and commonplace between teens.

Continue reading "Do Teenage Sexting Laws Criminalize Constitutionally Protected Activities?" »

A thought-provoking article recently published by the Crime Report, examines the difficulties facing those unjustly accused of child abuse.

Referencing the Tonya Renee Craft case in which the former Kindergarten teacher faced 22 counts of child abuse and molestation, the article states that when Michigan psychologist Demosthenes Lorandos first met her he told her "she was a dead woman," and "[t]hat things were over for her, that she was going to lose."

One of the reasons for Lorandos' conclusion was the sense that "the presumption of innocence goes out the window the moment a person is accused of sexual misconduct."

For example, in the Craft case, over-zealous police and social workers sided with the children accusing her of abuse - despite the lack of physical evidence. Additionally, in many child abuse cases the allegations span several years. Often adults cannot recall dates and circumstances with sufficient certainty to provide an adequate defense to these claims. Further, the way adults and law enforcement officers interview children may lead to false accusations of improper conduct. In Craft's case, police officers asked leading questions and when the answers didn't conform to what they wanted, children's responses were ignored or misconstrued.

How many teachers and parents are in jail now based on false accusations is unknown - often innocent adults will plead guilty as a way to avoid life in prison.

Sadly in Craft's case, as in many other falsely accused, a not guilty verdict does not end the fight. Often, the falsely accused's life and reputation has been significantly and often irreparably damaged by the media storm following the accusations.

In the words of Tonya Renee Craft, "Not guilty is the beginning of the fight."

Continue reading "Article Finds "Uphill Battle" For Those Wrongfully Accused Of Child Abuse " »

In the first "sexting" decision by a Federal Appeals Court, the United States Court of Appeals for the Third Circuit ruled that prosecutors could not charge a teenager who sent sexually explicit photos of herself on her phone with child pornography.

In Michigan, sexting can be a violation of child pornography laws, which are felonies, and result in life-long consequences, such as having to place your name on the sex crimes registry.

In Miller v. Mitchell, the Third Circuit determined that the prosecutor could not charge the 16-year-old girl at issue in the case with child pornography simply because she appeared in the pictures without any evidence she had engaged in distributing it.

The court did not address whether those underage the age of 18 have a First Amendment right to send sexually explicit messages or photos through their cell phones. According to the New York Times, the legal director of the American Civil Liberties Union of Pennsylvania who represented parents stated "It does not resolve all of the constitutional issues implicated in sexting prosecutions, but it's a terrific start for civil liberties."

Recently, there has been a huge increase in child pornography cases in both the state and federal courts as the result of sexting charges. Often the child pornography charges stem from one teenager sending a sexually explicit photo of him- or herself to a boyfriend or girlfriend. Hopefully the Sixth Circuit will soon follow the Third Circuit's lead and allow parents to block the prosecution of their children on child pornography charges.

Continue reading "Prosecution For Teenage Sexting Banned By Third Circuit" »

According to WNDU local news, Lake Michigan College is no longer admitting people convicted of sex crimes against children and those listed on Michigan's sex registry.

This broad rule could affect students who pose no threat, especially those convicted on juvenile charges who could benefit most from educational opportunities and a fresh start. In fact, studies show juveniles make up a large percentage on the Public Sex Offender Registry (PSOR).

Under current Michigan law, many non-violent sex offenders must place their names on the registry, sometimes for life. This includes non-violent sex offenders such as juveniles who have been convicted of having consensual, yet underage sex, and those convicted of "sexting," which in some cases can be a violation of child pornography laws.

As the LMC decision shows, registering on the Public Sex Offender Registry (PSOR) may affect the everyday lives of those individuals forced to register, including the loss of job opportunities, disqualification for obtaining student loans and the freedom to attend certain schools. Often, these results are unfair and unjust, denying opportunities to those who have committed minor offenses.

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