Having any kind of intimate, sexual relations or contact with a minor is illegal under Michigan law. However, even talking, texting, emailing, messaging, or otherwise attempting to convince a minor to engage in sexual relations or contact is also crime, and is heavily prosecuted – regardless of whether or not the intercourse actually occurred. This is crime, commonly known as “child enticement,” is also called child sexually abusive activity (“CSAA”) in Michigan, and carries heavy penalties, including a possible prison sentence and large fines. . They are frequently charged in conjunction with the crime of using a computer to commit the crime of CSAA. This makes it a separate crime to using a computer, laptop, iPad, tablet, or smart phone to communicate with the minor. What is worse is that the law gives the judge the discretion to sentence someone found guilty of both consecutively, in essence stacking the two sentences on top of each other.
It is not uncommon for prosecutors to seek maximum possible penalties in sex crime cases, and for judges and juries to convict and imprison the offenders. This means you should not delay in obtaining legal representation who can fight back and work to protect your name and reputation. Our Michigan sex crimes lawyers at Satawa Law are dedicated to helping you through these extremely complex and strenuous cases. We understand the law, and the technology behind these complex cases, and provide high-quality representation that fights to put the law on your side through careful preparation and analysis of all of the evidence of your case to create an optimal defense strategy.
To speak with the team at Satawa Law regarding your case, call us today at (248) 292-3209.
Michigan Penal Code 750.145a states as follows: “A person who accosts, entices, or solicits a child less than 16 years of age, regardless of whether the person knows the individual is a child or knows the actual age of the child, or an individual whom he or she believes is a child less than 16 years of age with the intent to induce or force that child or individual to commit an immoral act, to submit to an act of sexual intercourse or an act of gross indecency, or to any other act of depravity or delinquency, or who encourages a child less than 16 years of age, regardless of whether the person knows the individual is a child or knows the actual age of the child, or an individual whom he or she believes is a child less than 16 years of age to engage in any of those acts is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $4,000.00, or both.”
Michigan Penal Code 750.145c(2), states that “A person who persuades, induces, entices, coerces, causes, or knowingly allows a child to engage in a child sexually abusive activity for the purpose of producing any child sexually abusive material, or a person who arranges for, produces, makes, copies, reproduces, or finances, or a person who attempts or prepares or conspires to arrange for, produce, make, copy, reproduce, or finance any child sexually abusive activity or child sexually abusive material for personal, distributional, or other purposes is guilty of a felony, punishable by imprisonment for not more than 20 years, or a fine of not more than $100,000.00, or both, if that person knows, has reason to know, or should reasonably be expected to know that the child is a child or that the child sexually abusive material includes a child or that the depiction constituting the child sexually abusive material appears to include a child, or that person has not taken reasonable precautions to determine the age of the child.”
A child is defined as anyone under the age of 18.
Michigan Penal Code 750.145d(1) states that “A person shall not use the internet or a computer, computer program, computer network, or computer system to communicate with any person for the purpose of doing any of the following:
(a) Committing, attempting to commit, conspiring to commit, or soliciting another person to commit conduct proscribed under section 145a, 145c, 157c, 349, 350, 520b, 520c, 520d, 520e, or 520g”
In simple terms, this means that can be arrested and charged with child enticement and/or child sexually abusive activity if you believed that the victim was below the age of 16 at the time of the incident, even if they were older. In other words, if you are talking to a police officer or sheriff deputy posing as a 15 year old teenager, you have committed the crime of child sexually abusive activity even if that police officer is age 45. You can then be charged with a separate crime if you were communicating using a computer, tablet, or smart phone. These charges are considered a felony, and could potentially result in you being sentenced to jail, prison, and be required to register as a sex offender