(1) A person is guilty of facilitative misrepresentation when that person knowingly makes a false representation that he or she is the parent or guardian of a minor, or that a minor is 18 years of age or older, with the intent to facilitate the dissemination to the minor of sexually explicit matter that is harmful to minors.
  (2) A person knowingly makes a false representation as to the age of a minor or as to the status of being the parent or guardian of a minor if the person either is aware that the representation is false or recklessly disregards a substantial risk that the representation is false.

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Terms Used In Michigan Laws 722.678

  • 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 722.674
  • 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
  •   (3) Facilitative misrepresentation is a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $5,000.00, or both.