Child Sexually Abusive Material (CSAM)

In Michigan, it is unlawful for people to make, sell, or have pornographic materials that depict children, and if they do, they can be charged with a child sexually abusive material (CSAM) crime. Michigan aggressively prosecutes CSAM crimes, and people convicted of such offenses may spend decades in prison. Merely because a person is charged with a crime does not mean that the state possesses sufficient evidence to convict them, though, and many people accused of CSAM offenses are found not guilty. If you are accused of possessing, creating, or disbursing child sexually abusive material, it is vital to hire an attorney who will advocate zealously on your behalf. Sam Bernstein of ArborYpsi Law is a seasoned Ann Arbor criminal defense lawyer, and if you engage his services, he will formulate persuasive arguments in your favor to help you safeguard your rights and reputation.

The Michigan Penal Code (the Code) refers to child pornography as child sexually abusive material. Pursuant to the Code, anyone that knowingly allows or persuades, entices, causes, or coerces a child to participate in child sexually abusive behavior or acts for the objective of creating any child sexually abusive material, will be found guilty of a felony and may be sentenced to up to 20 years in prison and fines of up to $100,000. It is also a felony for people to reproduce, finance, make, copy, or arrange such activity or materials, or to conspire to do so, if they know or should reasonably know that the materials include a child or appear to include a child, or if they failed to take the reasonable measures to determine the age of the person depicted in the materials. Under the Code, anyone under the age of 18 is considered a child.

The Code imposes greater penalties on individuals convicted of crimes related to the production and distribution of child sexually abusive material if the material involves bestiality, sadomasochistic abuse, or a prepubescent child. Specifically, such acts are punishable by up to 25 years in prison and fines of up to $125,000.

It is also a crime to possess or seek and access any child sexually abusive material in Michigan if the person doing so knows or has cause to know that it depicts a child or appears to include a child or if they have not made reasonable efforts to determine the person’s age. Such offenses are felonies punishable by up to four years in prison and fines of up to $10,000.

People charged with sex crimes are deemed innocent until proven guilty. Further, the state and federal constitutions afford them numerous rights during the process of a criminal investigation and trial.

Among other things, they are protected from unreasonable searches and seizures. This means that in most instances, the police must have a warrant to search a person or their property, and they must have probable cause to obtain a warrant. Further, the police cannot exceed the scope of a warrant, which means that they cannot search property or areas not designated in the warrant. Searches conducted without a warrant or that go beyond the paraments of the warrant may be deemed unlawful, and any materials found during such searches may be inadmissible at trial.

Criminal defendants also have protections against self-incrimination, meaning they cannot be compelled to make statements that would implicate their guilt. Generally, any statements made in violation of such protections may not be used against them.

A conviction for child sexually abusive material crimes can permanently damage the course of a person’s life, but there are often defenses people accused of such offenses can assert to avoid a guilty verdict. If you are charged with a sex crime against children, it is smart to consult an attorney as soon as possible. Sam Bernstein of ArborYpsi Law is a capable Ann Arbor criminal defense attorney, and if he represents you, he will work tirelessly to help you pursue a favorable result. Our office is located in Ann Arbor, and we regularly represent people charged with sex crimes against children throughout Michigan, including cities in Ann Arbor, Dearborn, East Lansing, and Flint. You can reach us via our online form or by calling us at (734) 883-9584 to set up a free and confidential meeting.