Posting Nude Photos of Ex - If Ex is 18 or Older - Is it Criminal?

Prohibited conduct

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.

Please feel free to contact our office and set an appointment if you wish to receive legal advice specific to your facts and circumstances. 


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