Michigan Laws 722.677 – Displaying sexually explicit matter to minor; misdemeanor; penalty
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(1) A person is guilty of displaying sexually explicit matter to a minor if that person possesses managerial responsibility for a business enterprise selling sexually explicit visual material that visually depicts sexual intercourse or sadomasochistic abuse and is harmful to minors, and that person does either of the following:
(a) Knowingly permits a minor who is not accompanied by a parent or guardian to view that matter.
Terms Used In Michigan Laws 722.677
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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 722.674Minor: 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 Restricted area: means any of the following:
(i) An area where sexually explicit matter is displayed only in a manner that prevents public view of the lower 2/3 of the matter's cover or exterior. See Michigan Laws 722.671Sadomasochistic abuse: means either of the following:
(i) Flagellation, or torture, for sexual stimulation or gratification, by or upon a person who is nude or clad only in undergarments or in a revealing or bizarre costume. See Michigan Laws 722.672Sexual intercourse: means intercourse, real or simulated, whether genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between a human and an animal. See Michigan Laws 722.672 Sexually explicit matter: means sexually explicit visual material, sexually explicit verbal material, or sexually explicit performance. See Michigan Laws 722.673 Sexually explicit visual material: means a picture, photograph, drawing, sculpture, motion picture film, video game, or similar visual representation that depicts nudity, sexual excitement, erotic fondling, sexual intercourse, or sadomasochistic abuse, or a book, magazine, or pamphlet that contains such a visual representation. See Michigan Laws 722.673
(b) Displays that matter knowing its nature, unless the person does so in a restricted area.
(2) A person knowingly permits a minor to view visual matter that depicts sexual intercourse or sadomasochistic abuse and is harmful to minors if the person knows both the nature of the matter and the status of the minor permitted to examine the matter.
(3) A person knows the nature of the 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 who is permitted to view the matter is under 18 years of age or recklessly disregards a substantial risk that the person who is permitted to view the matter is under 18 years of age.
(5) A person who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $5,000.00, or both.