Possession of Child Sexually Abusive Material
In Michigan state courts, possession of child pornography or “kiddie porn” is called Possession of Child Sexually Abusive Material. MCL 750.145c provides that a person who possesses child pornography is guilty of a felony punishable by up to 4 years in prison.
Understanding the Meaning
Generally speaking, prosecutions for possession of child pornography are for electronic photos or videos found on a person’s computer. However, the definition of “child sexually abusive material” is very broad and includes “any depiction, whether made or produced by electronic, mechanical, or other means, including a developed or undeveloped photograph, picture, film, slide, video, electronic visual image, computer diskette, computer or computer-generated image, or picture, or sound recording which is of a child or appears to include a child engaging in a listed sexual act; a book, magazine, computer, computer storage device, or other visual or print or printable medium containing such a photograph, picture, film, slide, video, electronic visual image, computer, or computer-generated image, or picture, or sound recording; or any reproduction, copy, or print of such a photograph, picture, film, slide, video, electronic visual image, book, magazine, computer, or computer-generated image, or picture, other visual or print or printable medium, or sound recording.” MCL 750.145c(M)
Common Prosecutions for Child Pornography
There seem to be two common ways that prosecutions for possession of child pornography start. First, someone views the alleged illegal images on a person’s computer and reports it to the police. Many times this is a computer technician or other person with access to the computer. In theses cases, it is important to review the way that the police obtained possession of the computer and how they verified the report that was made to them. In one case, we were able to get all of the images suppressed and the case dismissed when a Big Box retailer’s employee called the police after finding suspicious file names on the computer he was repairing. The police officer failed to obtain a search warrant before looking at the files on the computer. As a result, we were able to suppress all of the alleged illegal images because the government failed to abide by the Fourth Amendment’s requirement of a search warrant.
Another common way that prosecutions for possession of child pornography start is when an undercover agent catches someone transferring these files on a peer-to-peer file sharing network like Limewire. If you’ve been accused of this sort of crime, you need an attorney who understands the technical end of the case. It is possible for illegal images to end up on your computer without your knowledge when using software like Limewire. It is important that you act fast before evidence that could clear you of the charges is lost.
Contact a Child Pornography Attorney Now
If you’ve been accused of possession of child pornography, call attorney Joshua Blanchard or Keeley Blanchard at 616-773-2945 before speaking to anyone.