Child Sexually Abusive Activity or Materials Lawyers in Michigan

Child pornography is known under the law as child sexually abusive materials, and is a serious felony that can mean years in prison. Often charges are brought in conjunction with other internet crimes such as soliciting a minor. The investigation causes a person’s computer to be searched and can lead to additional charges. If you are being investigated, charged, or facing allegations related to child sexually abusive materials or activity, then it is necessary to have an all-encompassing legal defense strategy that can bring the best evidence in your favor to light. Our sex crimes attorneys have extensive experience working on sex crimes cases, and specifically, child sexually abusive materials. We pride ourselves on staying abreast of the most recent developments in forensic computing and constitutional developments regarding free speech and possession of child pornography.

Child Pornography Possession: New Challenges in a New Era of Malware, Ransomware, and Third-Party Servers

Internet pornography is a pervasive and overwhelming force in today’s society. Pornography is legal in all 50 states, but there are some people that are attracted to illegal material. Similarly, internet hacking, peer to peer file sharing services, and malicious adware and ransomware has made keeping track of what happens on your computer an absolutely insurmountable task for everyone except an IT professional. People can literally take over your computer, and install key loggers to catalog every mouse click and keystroke you make. Thereby, collecting all of your passwords and information, and allowing hackers to siphon your bandwidth for their own nefarious endeavors. People may be able to place or transfer files to your computer without your knowledge.

The terrible thing about this type of invasion of privacy, is that it leaves almost no trace of the activity. Pop-up windows and third-party advertisers are common place with pornography and third-party servers can put things on your screen and in your hard drive that you never wanted or intended. Every situation is different, and our child pornography possession lawyers will work with you to understand each and every facet of your situation to provide the most comprehensive and thorough legal defense strategy available.

If you are being charged with child sexually abusive activity or materials, and feel that you may need counseling and rehabilitation, then we will guide you through the process and protect your rights as you move through the system. However, if you are innocent and are the victim of internet hacking or third-party activities, then we will do everything available under the law to protect your reputation and clear your name. We will begin with a discussion of the law, the potential penalties, then wrap up with defenses and how we can help you get your life back.

There are three different charges related to child sexually abusive activity or materials.

• Possession of Child Sexually Abusive Activity or Material
• Production of Child Sexually Abusive Activity or Material
• Distribution of Child Sexually Abusive Activity of Material

Child sexually abusive activity, more commonly known as child pornography is defined as a child engaging in a listed sexual act under MCL 750.145c(1)(n), and a child means a person who is less than 18 years of age.

Possession of Sexually Abusive Material

Under MCL 750.145c(4), it is prohibited to possess child sexually abusive materials. The definition for possession is a very broad description of what would qualify as possession of child sexually abusive materials. The broadest piece of the definition includes if a person “seeks and accesses” materials determined to be child sexually abusive materials, then the person may be charged with the crime. Additionally, if a person accused knows, or has reason to know, or should reasonably be expected to know that the child is a child, then charges are not only likely but probable if the prosecution has physical evidence. Additionally, if it can be shown that the person has not taken reasonable precautions to determine the age of the child, then a person could be charged under MCL 750.145c(4) for knowing possession of child sexually abusive material.

Consequently, it should be very clear from the statute that the courts enforce a very loose definition of possession. The statute itself specifies knowingly seeking and accessing the material. Therefore, if trace evidence is presented demonstrating that child sexually abusive materials existed, or at a sometime in the past passed through your computer, then you could be charged with possession of sexually abusive material even if you never intentionally attempted to seek it out. The internet can bombard you with information, files, and documents. Internet pop adds and websites have become as common as junk mail. It is certainly possible that you have been attacked by malicious and unsavory websites in their attempt to distribute or promote child sexually abusive materials, and unfortunately this could result in criminal charges.

Possession of child sexually abusive materials includes many formats such as book, magazine, computer, computer storage device, or other or printable mediums. If you or someone you know is facing charges related to possession of sexually abusive material, then it is imperative that you contact one of the skilled attorneys at Grabel & Associates. All of these charges are felonies, but you may be surprised how quickly the charges can be elevated. As we will look at it in more detail, simply making a copy of an image on your hard drive can provide the evidence necessary for the prosecution to charge you for production of child pornography. Possession of sexually abusive material is a felony in Michigan with a maximum sentence of four years in prison or $10,000 fine.

Production of Child Sexually Abusive Activity or Material

Production of child sexually abusive materials is a very serious offense. It is a felony in Michigan with a maximum sentence of 20 years in prison and $100,000 fine. Michigan courts have said that the purpose of the MCL 750.145c(2) is to combat the use of children in pornographic movies and photographs, and to prohibit the production and distribution of child pornography. The result is that the “production” of child sexually abusive material is construed very broadly, and has been defined as to “bring into existence” child sexually abusive materials. The most notable inclusion in the definition involves making copies.

Consequently, downloading or making copies constitutes production or making of child sexually abusive materials. The courts have specifically addressed this issue and held that viewing child sexually abusive materials online constitutes possession, but copying an image that is either stored on a computer hard drive or burned onto a CD-ROM or other digital media store device is considered making content.

Distribution or Promotion of Child Sexually Abusive Material

Distribution or promotion of child sexually abusive material is a felony in Michigan. The maximum penalty for this felony is seven years in prison and a $50,000 fine. The courts have identified several elements of distribution or promotion of child sexually abusive material under MCL 750.145c(3). First, distribution or promotion occurred, and the person knew the material was sexually abusive material at the time. Next, the person had criminal intent when distributing or promoting the materials.

The prosecution has a harder time proving distribution or promotion of child sexually abusive material, because it has been held to require the criminal intent to do so. Therefore, accidental dissemination would not satisfy the criminal intent necessary to prove distribution or promotion. Courts have held the defendant did not intend to promote or distribute when he returned his work laptop computer that contained child sexually abusive materials. Therefore, there needs to be substantial evidence for the prosecution to prove this crime including an intent to distribute or promote such materials.

Forensic Computing and Our Approach to Child Sexually Abusive Materials

If you have been wrongly accused of possession, production, or promotion of child sexually abusive materials, then you are going to need the best defense available using the most sophisticated and up to date forensic computing skills. We work with some of the most skilled and knowledgeable forensic scientists in the state, and they use the most up to date research and analysis in the field. Pictures and videos can be recovered from a computer’s hard drive long after they were deleted. However, the processes of analyzing how the police processed those files can be instrumental in an excellent defense. In some instances, it may be possible to demonstrate that third parties transferred information, pictures, and videos to your computer as part of a ransomware scam.

Grabel & Associates uses the most advanced forensic computing procedures available in an ever-changing field of research and analysis. Our experienced and talented team has won countless sex crime cases. We encourage you to review some of our recent results and testimonials to get a better idea of our record. Our unparalleled knowledge and experience in the field of sex crimes in Michigan will give you an edge in your case.

Contact us online today to begin the process of capitalizing on orchestrating the best defense to child pornography or child sexually abusive materials available. We know exactly what needs to be done to get you the most favorable result possible. We will protect your rights throughout the legal process. We are available 24 hours a day, seven days a week, at 1-800-883-2138 to provide a free consultation to get on a path toward achieving a favorable outcome.