Michigan has recently joined the ever growing number of states that have adopted some version of a revenge porn law. Generally, revenge porn occurs when a person posts another’s sexually explicit photographs online as an act of revenge, however, Michigan’s revenge porn law is broader in scope. The statute MCL 750.145e states in pertinent part:
A person shall not intentionally and with the intent to threaten, coerce, or intimidate disseminate any
sexually explicit visual material of another person if all of the following conditions apply:
(a) The other person is not less than 18 years of age.
(b) The other person is identifiable from the sexually explicit visual material itself or information displayed in
connection with the sexually explicit visual material. This subdivision does not apply if the identifying information is
supplied by a person other than the disseminator.
(c) The person obtains the sexually explicit visual material of the other person under circumstances in which a
reasonable person would know or understand that the sexually explicit visual material was to remain private.
(d) The person knows or reasonably should know that the other person did not consent to the dissemination of the
sexually explicit visual material.
Disseminate is defined to mean online dissemination and is defined to include,
“post, distribute, or publish on a computer device, computer network, website, or other
electronic device or medium of communication.”
Posting another’s nude photographs online is certainly one way to violate the statute, but “dissemination” could also include dissemination by email of explicit photographs to others without consent and could also result in violation of Michigan’s revenge porn statute.
Sexually explicit material also includes simple nudity and so publication of nude photographs without anything more can be a violation of Michigan’s revenge porn statute.
Violation of Michigan’s revenge porn statute is a misdemeanor which can include a jail sentence of 93 days for a first offense and up to one year for second or subsequent offenses as well as fines.
If you believe you are the victim of revenge porn under the Michigan revenge porn statute or have been accused of violating the Michigan revenge porn statute the attorneys at Traverse Legal are able to provide qualified assistance.
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