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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The recent break up of an international escort service in Detroit raises questions regarding the legality of prostitution. The Detroit News reports that a husband and wife team ran an internet-based sex empire that dispersed prostitutes to hotels and beachfront villas around the world, including Detroit.

Several editorials regarding prostitution, including one from mlive.com posed the question, what's wrong with prostitution when it involves two consenting adults exchanging sex for cash? Here, the situation did not involve young girls or abuse. Rather, the women in the escort business were allowed to keep a large percentage of the profits. The editorial noted that this is a victimless crime and if the company had been allowed to operate in the light of day, Michigan would be able to recoup taxes on this business.

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In the wake of the recent tragedy resulting from a teenage sexual encounter in Huron Township, legal experts are saying that Michigan's criminal sexual conduct laws should be reconsidered. Using felony offenses to punish an older teenage boy against a younger teenage girl (and vice versa) makes bad public policy.

The Huron Township case involves sex between a 14-year-old girl and an 18-year-old boy. Initially, the girl indicated it was consensual, then recanted and said she had been raped. By law, however, 14 year-old is not able to "consent" despite his or her willing participation in a sexual encounter. After receiving intense ridicule at school, the girl committed suicide.

This case has brought the issue of teen sex and Michigan criminal sexual conduct laws to the forefront. The reality is that teens live in a highly sexually society, with significant numbers of teens engaged in sexual relations and sexting. Treating these behaviors as felonies, with the result mandatory registration on the Michigan sex crimes registry, is unjust and disproportionate to the act involved.

A recent article in the Detroit Free Press labeled Michigan's' all-or-nothing legal scheme is "lunacy" - with the boundaries between "perpetrator" and "victim" based on calendar age arbitrary, noting "Some 14-year-old girls are sexually savvy, others are shockingly naïve. Some 18-year-old boys are predatory; and some lack the maturity, or at least the superficial sophistication, of the younger women competing for their attention."

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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.

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According to the Herald-Palladium, Lake Michigan College students who are on the sex offender registry now must be individually reviewed before being allowed to continue taking classes.

Lake Michigan College, a community college educating students throughout Michigan, including Benton Harbor, South Haven, Bertrand Crossing and Niles, adopted a policy in February barring those convicted of a sex crime against a child from attending the college. School officials extended the policy this week to include all sex offenders and convicted felons, providing that any prospective or enrolled student who is on the sex offender registry will be barred from admission. If they object, potential students may have a hearing before a panel of school officials, with the opportunity to provide documentation and an explanation of their circumstance in order to gain admittance.

Unfortunately this policy adds another hurdle and a significant deterrent to individuals seeking a fresh start through education. Many of those listed on the sex offender registry have been required to do so for non-violent crimes such as sexting and consensual sex. Having to go in front of a board to defend these actions in order to gain admittance to school will likely preclude these students from applying in the first place, thereby denying many a second chance.

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Just two months after the 3rd U.S. Circuit Court of Appeals barred prosecutors from bringing charges against teenagers for sexting, a federal judge has issued a permanent injunction barring prosecutors from filing charges against the girls in connection with this case.

In Michigan, as in Pennsylvania where this case occurred, it's a felony to produce, possess or distribute photos of a minor.

As a result, when a teenage girl/boy sends a partially nude photo to a boyfriend/girlfriend, overzealous prosecutors have been quick to label such activity as "distribution of child pornography," a charge with significant penalties and consequences.

The three girls in the Pennsylvania case were scantily clad in photos that were circulated by cell phones. Their pictures were discovered as part of a larger investigation into teenage sexting. Studies show that at least 15 percent of teens engage in sexting. With the proliferation of cell phones, these numbers may be much larger. As a result, states around the country have begun looking at sexting and evaluating what the proper legal consequences should be.

In fact, the Illinois' legislature just passed a new bill lessening the penalty for sexting between minors to mandatory counseling and community service.

In Michigan, however, sexting between teens remains a felony. If convicted you could face serious penalties, including jail time and having to place your name on the sex crimes registry. Unless and until Michigan amends its child pornography laws, Michigan teens caught with nude photos of other teens may be still be charged as sex offenders.

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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.

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