Michigan Sex Crime Attorneys Blog

A recent sex offender registry study conducted by a University of Michigan law professor casts doubt on the effectiveness of the public notification aspect of some sex offender registry laws. The study concluded that while requiring convicted sex offenders to register with police may reduce the chances an individual will commit another sex crime, when sex offender laws require public notification - such as in Michigan - the chance of repeat offenses actually goes up.

Michigan law requires all individuals convicted of a crime of a sexual nature or certain sex related offense to register as a sex offender. This includes such offenses as criminal sexual conduct, sexual assault, child molestation and abuse and internet sex crimes. The Michigan Sex Offender Registry Act (SORA) also requires individuals to have their identities, including current addresses and other identifying information, published on the Michigan Public Sex Offenders Registry (PSOR). This information is open to the general pubic and is searchable via the Internet.

If you've been charged with a Michigan sex offense, it is imperative you contact an experienced Michigan sex crime defense attorney to prepare a vigorous defense and fight to keep your name off the sex crimes registry.

According to the latest study - these public notification requirements actually increase the chances an individual will commit a subsequent sex crime. The authors found that while registering as a sex offender with the police may help recidivism by allowing police to monitor behavior, making this information public may weaken public safety. Research showed that in jurisdictions where offenders' identities were known, the deterrent benefit of registering was "more than offset by released offenders' tendency to commit new crimes when subjected to notification requirements." Further, jurisdictions with notification laws had higher overall rates of sex crimes. The authors explained "notification requirements actually seem to encourage [repeat offenses] because the associated psychological, social, or financial costs (of notification requirements) make a crime-free life relatively less desirable."

Continue reading "Sex Offender Registry Study Casts Doubt On The Effectiveness Of Public Notification " »

Plainwell news reports that a 25-year-old man has been arrested on two counts of Michigan criminal sexual conduct, third degree, also referred to by lay people as statutory rape. The man allegedly started a relationship with a 14-year-old girl he met on MySpace.

Although the facts and circumstances of this case are unknown, it is scenarios such as these that police often use as justification for overzealous prosecution and entrapment of innocent individuals for alleged internet sex crimes while using a computer in the privacy of their own homes. A common situation is a police internet "sting" - used in chat rooms and social media sites - where law enforcement agencies attempt to lure an law abiding citizen into having inappropriate conversations with an underage boy or girl. When they are "caught," police offices then may file charges such as solicitation of a minor. Where the individual downloads images of the underage minor - either on their cell phone or computer - his may allegedly constitute distribution of pornography.

These charges are serious felonies that can lead to placement of your name on the Michigan sex crimes registry and jail time.

Continue reading "Plainwell Man Charged With Statutory Rape" »

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.

Continue reading "Man Lured Into Internet Sex Sting To Stand Trial" »

According to ABC News Detroit, the head of the University of Michigan's Debate program has been arrested on internet sex charges. Police allege that he used the internet to solicit sex with a minor.

Investigators set up a sting, with an officer from the internet crimes unit pretending to be a 14-year-old girl. The police claim the U of M director contacted the "girl" in a chat room and then sent her an instant message.

Internet sex crimes are considered felonies and convictions may carry with them fines, jail time, and require registration on the sex offender registry.

Use of these types of "stings" by law enforcement agencies is increasingly popular due to the proliferation of on-line chat rooms and social networking sites. Police may lie to entice law-abiding citizens to form inappropriate relationships, and to download or share inappropriate images over the internet. Even seemingly innocent conversations can become misconstrued, and serve as potential evidence of criminal sexual conduct.

Often, when police conduct these stings, they overstep their authority and violate innocent individual's rights. In these cases, you may be able to defeat the charges with the defense of entrapment. "Entrapment" means that the police have coerced an otherwise law-abiding citizen to break the law.

Continue reading "University of Michigan Director Accused Of Internet Sex Crimes" »