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. 

Definitions

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). 

Penalty

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. 

Disclaimer

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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