§ 722.671 Definitions generally
§ 722.672 Additional definitions
§ 722.673 Definitions
§ 722.674 Additional definitions
§ 722.675 Disseminating sexually explicit matter to minor; felony; penalty
§ 722.676 Persons excepted from MCL 722.675
§ 722.677 Displaying sexually explicit matter to minor; misdemeanor; penalty
§ 722.678 Facilitative misrepresentation; misdemeanor; penalty
§ 722.679 Injunction
§ 722.680 Advisory opinion as to legality of disseminating sexually explicit matter to minor; action for declaratory judgment; prosecuting attorney as defendant; counterclaim for injunctive relief; dismissal of
§ 722.681 Provisions applicable to actions commenced pursuant to MCL 722.679 or MCL 722.680
§ 722.682 Effect of MCL 722.679 to 722.681 on prosecutions under other laws; declaratory judgment or denial of injunction as defense; withdrawing opinion and obtaining injunction as conditions for prosecution u
§ 722.682a Exceptions
§ 722.683 Repeal of MCL 750.343e
§ 722.684 Effective date
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Terms Used In Michigan Laws > Chapter 722 > Act 33 of 1978 > Part I - Sexually Explicit Matter

  • Act of congress: means the act of congress approved June 18, 1934, entitled "An act to provide for the establishment, operation and maintenance of foreign trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes". See Michigan Laws 447.1
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Chambers: A judge's office.
  • Chief executive officer: means any of the following:
  (i) For a city, the mayor. See Michigan Laws 446.203
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Computer: means any connected, directly interoperable or interactive device, equipment, or facility that uses a computer program or other instructions to perform specific operations including logical, arithmetic, or memory functions with or on computer data or a computer program and that can store, retrieve, alter, or communicate the results of the operations to a person, computer program, computer, computer system, or computer network. See Michigan Laws 722.673
  • Computer network: means the interconnection of hardwire or wireless communication lines with a computer through remote terminals, or a complex consisting of 2 or more interconnected computers. See Michigan Laws 722.673
  • Computer program: means a series of internal or external instructions communicated in a form acceptable to a computer that directs the functioning of a computer, computer system, or computer network in a manner designed to provide or produce products or results from the computer, computer system, or computer network. See Michigan Laws 722.673
  • Computer system: means a set of related, connected or unconnected, computer equipment, devices, software, or hardware. See Michigan Laws 722.673
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Device: includes , but is not limited to, an electronic, magnetic, electrochemical, biochemical, hydraulic, optical, or organic object that performs input, output, or storage functions by the manipulation of electronic, magnetic, or other impulses. See Michigan Laws 722.673
  • Display: means to put or set out to view or to make visible. See Michigan Laws 722.671
  • Disseminate: means to sell, lend, give, exhibit, show, or allow to examine or to offer or agree to do the same. See Michigan Laws 722.671
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Erotic fondling: means touching a person's clothed or unclothed genitals, pubic area, buttocks, or, if the person is female, breasts, for the purpose of sexual gratification or stimulation. See Michigan Laws 722.672
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Exhibit: means to do 1 or more of the following:
  •   (i) Present a performance. See Michigan Laws 722.671
  • Governmental unit: means a city, township, charter township, county, or incorporated village. See Michigan Laws 446.203
  • 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
  • in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Local community: means the county in which the matter was disseminated. See Michigan Laws 722.674
  • Minor: means a person less than 18 years of age. See Michigan Laws 722.671
  • Nudity: means the lewd display of the human male or female genitals or pubic area. See Michigan Laws 722.672
  • Pawnbroker: means a person, corporation, or member, or members of a copartnership or firm, who loans money on deposit, or pledge of personal property, or other valuable thing, other than securities or printed evidence of indebtedness, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price. See Michigan Laws 446.203
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Prurient interest: means a lustful interest in sexual stimulation or gratification. See Michigan Laws 722.674
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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 722.671
  • Sadomasochistic 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 722.672
  • Sexual excitement: means the condition of human male or female genitals when in a state of sexual stimulation or arousal. See Michigan Laws 722.672
  • Sexual 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 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
  • Sexually explicit verbal material: means a book, pamphlet, magazine, printed matter reproduced in any manner, or sound recording that contains an explicit and detailed verbal description or narrative account of sexual excitement, erotic fondling, sexual intercourse, or sadomasochistic abuse. 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
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Video game: means an object or device that stores recorded data or instructions generated by a person who uses it, and by processing the data or instructions creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, game console, or other technology. See Michigan Laws 722.673