Pursuant to MCL 750.145e(1), a person shall not intentionally and with the intent to threaten, coerce, or intimidate disseminate any sexually explicit visual material (SEVM) of another person if all of the following conditions apply:
- The other person is not less than 18 years of age.
- The other person is identifiable from the SEVM itself or information displayed in connection with the SEVM. (This does not apply if the identifying information is supplied by a person other than the disseminator.)
- The person obtains SEVM of another person under circumstances in which a reasonable person would know or understand that the SEVM was to remain private.
- The person knows or reasonably should know that the other person did not consent to the dissemination of the SEVM.
The following terms are defined for purposes of MCL 750.145e:
“Disseminate” means post, distribute, or publish on a computer device, computer network, website, or other electronic device or medium of communication. MCL 750.145e(5)(a).
“Nudity” means displaying a person’s genitalia or anus or, if the person is a female, her nipples or areola. MCL 750.145e(5)(b).
“Sexually explicit visual material” means a photograph or video that depicts nudity, erotic fondling, sexual intercourse, or sadomasochistic abuse. MCL 750.145e(5)(c).
A person who violates MCL 750.145e is guilty of a 93-day misdemeanor. A person with a second or subsequent violation of MCL 750.145e is guilty of a 1- year misdemeanor.
The above is not considered to be legal advice, and does not create an attorney-client relationship.
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