(1) A person is guilty of disseminating sexually explicit matter to a minor if that person does either of the following:
  (a) Knowingly disseminates to a minor sexually explicit visual or verbal material that is harmful to minors.

Attorney's Note

Under the Michigan Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Eup to 2 years
For details, see Mich. Comp. Laws ch. 777 pt. 2

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Terms Used In Michigan Laws 722.675

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Harmful to minors: means sexually explicit matter that meets all of the following criteria:
  (i) Considered as a whole, it appeals to the prurient interest of minors as determined by contemporary local community standards. See Michigan Laws 722.674
  • Minor: means a person less than 18 years of age. See Michigan Laws 722.671
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Sexually explicit matter: means sexually explicit visual material, sexually explicit verbal material, or sexually explicit performance. See Michigan Laws 722.673
  • Sexually explicit performance: means a motion picture, video game, exhibition, show, representation, or other presentation that, in whole or in part, depicts nudity, sexual excitement, erotic fondling, sexual intercourse, or sadomasochistic abuse. See Michigan Laws 722.673
  •   (b) Knowingly exhibits to a minor a sexually explicit performance that is harmful to minors.
      (2) A person knowingly disseminates sexually explicit matter to a minor if the person knows both the nature of the matter and the status of the minor to whom the matter is disseminated.
      (3) A person knows the nature of matter if the person either is aware of its character and content or recklessly disregards circumstances suggesting its character and content.
      (4) A person knows the status of a minor if the person either is aware that the person to whom the dissemination is made is under 18 years of age or recklessly disregards a substantial risk that the person to whom the dissemination is made is under 18 years of age.
      (5) Disseminating sexually explicit matter to a minor is a felony punishable by imprisonment for not more than 2 years or a fine of not more than $10,000.00, or both. In imposing the fine, the court shall consider the scope of the defendant‘s commercial activity in disseminating sexually explicit matter to minors.