Disseminating Sexually Explicit Matter to a Minor in Michigan (MCL 722.675)

In Michigan it is a felony to knowingly give or show a person under 18 sexually explicit material that is "harmful to minors," or to knowingly exhibit a sexually explicit performance of that kind to a minor.^[1] The offense is in MCL 722.675, part of a 1978 act that sits outside the Penal Code, and it is punishable by up to 2 years in prison, a fine of up to $10,000, or both.^[2]

If you are concerned that an adult is showing a child sexual material or otherwise abusing a child, you can report to the Michigan Department of Health and Human Services at 855-444-3911 at any time, day or night.^[7] If a child is in immediate danger, call 911.^[8]

This page explains the elements, the statutory definitions, who is excepted, the related misdemeanors in the same act, and how the offense differs from its neighbors.

What does MCL 722.675 prohibit?

A person is guilty of disseminating sexually explicit matter to a minor if the person does either of two things: knowingly disseminates to a minor sexually explicit visual or verbal material that is harmful to minors, or knowingly exhibits to a minor a sexually explicit performance that is harmful to minors.^[1]

Each term is defined in the act.

• Minor means a person less than 18 years of age.^[1]
• Disseminate means to sell, lend, give, exhibit, show, or allow to examine, or to offer or agree to do the same.^[9]
• Exhibit means to present a performance, to sell or give a ticket to one, or to admit a minor to premises where a performance is being or is about to be presented.^[9]
• Sexually explicit matter means sexually explicit visual material, sexually explicit verbal material, or a sexually explicit performance.^[10]

Visual material is defined as 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.^[10] Verbal material is a book, pamphlet, magazine, printed matter or sound recording containing an explicit and detailed verbal description or narrative account of those things other than nudity.^[10]

Two points about scope follow from the definitions. An offer or agreement to give or show the material is within "disseminate," so the definition is not limited to completed transfers.^[9] And written or recorded descriptions are covered as well as images.^[10]

What makes material "harmful to minors"?

Not all sexually explicit matter qualifies. The material must meet all three parts of the statutory test.^[3]

1. Considered as a whole, it appeals to the prurient interest of minors as determined by contemporary local community standards.^[3]
2. It is patently offensive to contemporary local community standards of adults as to what is suitable for minors.^[3]
3. Considered as a whole, it lacks serious literary, artistic, political, educational, and scientific value for minors.^[3]

"Local community" means the county in which the matter was disseminated, and in deciding whether matter appeals to the prurient interest it is judged with reference to average 17-year-old minors.^[3] The statute ties this element to the county and to community standards rather than to a fixed list of material.

What does "knowingly" mean here?

The statute defines its own mental state. 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.^[11]

What must be known	How the statute defines knowing it
The nature of the matter	The person is aware of its character and content, or recklessly disregards circumstances suggesting its character and content.[11]
The status of the minor	The person is aware that the recipient is under 18 years of age, or recklessly disregards a substantial risk that the recipient is under 18.[12]

This differs from Michigan's age-based criminal sexual conduct charges, where a reasonable mistake about age is not a defense.^[13] That rule is explained in mistake of age is not a defense. Here the Legislature wrote a knowledge element about age into the offense and defined it to include reckless disregard.^[12]

Who is excepted from the statute?

MCL 722.676 says the offense does not apply to dissemination by any of six groups.^[4] A separate section, MCL 722.682a, says the part does not apply to a medium of communication to the extent regulated by the Federal Communications Commission, to an internet service provider or computer network service provider that is not selling the matter but provides the medium for communicating it, or to a subscription multichannel video service whose terms require the subscriber to be at least 18 and to prove it.^[14]

• A parent or guardian who disseminates to his or her own child or ward, unless the dissemination is for the sexual gratification of the parent or guardian.^[4]
• A teacher or administrator at a school that complies with the Revised School Code, who disseminates to a student as part of a school program permitted by law.^[4]
• A licensed physician or licensed psychologist who disseminates in the treatment of a patient.^[4]
• A librarian employed by a school library or a public library, in the course of that employment.^[4]
• A public or private college or university, or any other person, who disseminates for a legitimate medical, scientific, governmental or judicial purpose.^[4]
• A person who disseminates a public document or record issued by a governmental entity, or an accurate republication of one.^[4]

The parent exception has its own limit built in. It does not cover a parent or guardian who disseminates the matter for his or her own sexual gratification.^[4]

Penalty and related offenses in the same act

Offense	Classification	Maximum penalty
Disseminating sexually explicit matter to a minor (MCL 722.675)	Felony	2 years, a fine of $10,000, or both[2]
Displaying sexually explicit matter to a minor, by a person with managerial responsibility for a business selling it (MCL 722.677)	Misdemeanor	93 days, a fine of $5,000, or both[15]
Facilitative misrepresentation: falsely claiming to be a minor's parent or guardian, or that a minor is 18 or older, to facilitate dissemination (MCL 722.678)	Misdemeanor	90 days, a fine of $5,000, or both[16]

The display offense applies to businesses. It covers a person with managerial responsibility for a business selling sexually explicit visual material that depicts sexual intercourse or sadomasochistic abuse and is harmful to minors, who knowingly permits an unaccompanied minor to view it or displays it outside a restricted area.^[15]

Two older provisions elsewhere in Michigan law overlap. A Penal Code section makes it a misdemeanor to sell, give or furnish to a person under 18 a book or other thing containing obscene language or obscene pictures "tending to corrupt the morals of youth."^[17] And the general obscenity act, which applies to dissemination to the public for commercial gain, makes obscenity a misdemeanor punishable by up to 1 year and a fine of up to $100,000 for a first offense.^[18]

When a phone or computer is involved

MCL 722.675 is one of the listed crimes in MCL 750.145d, the statute on using the internet or a computer to commit a crime. It is a separate offense to use the internet or a computer to communicate with any person for the purpose of committing, attempting, conspiring to commit, or soliciting another to commit the dissemination offense, where the victim or intended victim is a minor or is believed by the person to be a minor.^[6]

The penalty under that statute depends on the maximum for the underlying crime. Where the underlying crime is a felony with a maximum of 2 years or more but less than 4 years, the computer offense is a felony punishable by up to 4 years, a fine of up to $5,000, or both.^[19] The court may order that sentence served consecutively to the sentence for the underlying offense, and the computer statute applies whether or not the person is convicted of the underlying offense.^[20] Details are in using a computer to commit a crime.

Cases where the recipient was an undercover officer

The benchbook reports that in People v Thousand the Michigan Supreme Court addressed a defendant who sent material to an adult undercover deputy posing as a minor. The benchbook quotes the Court as saying the defendant could not be convicted of the completed offense because the material was allegedly distributed to an adult, and as holding that the circuit court erred in dismissing the attempt charge on the basis of "legal impossibility."^[21] How Michigan courts evaluate undercover investigations and the entrapment defense is explained in online sting operations.

A note printed with the statute

The Legislature's published text of MCL 722.675 carries a Constitutionality note. It states that 1999 PA 33, one of the acts that amended the section, violates the First Amendment and the Dormant Commerce Clause, and that enforcement of that act was permanently enjoined by a federal court in 2001.^[22] The History line shows the section was amended again by 2003 PA 192, effective January 1, 2004.^[22] This guide did not determine how that injunction bears on the current text, and it states no conclusion about it.

How this offense differs from its neighbors

Statute	Core conduct	Age line	Maximum
Dissemination, MCL 722.675	Knowingly giving or showing a minor matter that is harmful to minors	Under 18	2 years[1][2]
Accosting a child, MCL 750.145a	Accosting, enticing or soliciting a child with intent to induce an immoral act, sexual intercourse, gross indecency or another act of depravity or delinquency, or encouraging a child to engage in those acts	Under 16	4 years[5]
Possession of child sexually abusive material, MCL 750.145c(4)	Knowingly possessing, or knowingly seeking and accessing, a depiction of a child engaging in a listed sexual act	The child depicted is under 18	4 years, or 10 years in the higher tier[23][24]

The dissemination statute is about what a minor is shown. It does not depend on the material depicting a minor. Material that does depict a person under 18 is governed by the child sexually abusive material statute, which has far higher penalties for production and distribution.^[25][26] A request that a child create or send images has been treated under the accosting statute; see accosting a child for immoral purposes.^[27] Image-sharing between minors is discussed in teen sexting laws.

Registration and time limits

MCL 722.675 was not found in the Tier I, II or III lists quoted in this guide's fact sheets. Michigan law does contain a catch-all: when sentencing for an offense that is not a listed offense, the court must decide whether the offense "by its nature constitutes a sexual offense" against a person under 18, and if so the conviction is for a listed offense.^[28] Whether that provision is applied in a given dissemination case is decided by the sentencing court. See the registry explained.

Unless MCL 767.24 sets a different period for the offense, charges must be filed within 6 years after the offense is committed.^[29]

What people get wrong

"Any nudity shown to a minor is a felony." The matter must meet all three parts of the "harmful to minors" test, including lacking serious literary, artistic, political, educational and scientific value for minors.^[3]

"Parents are always exempt." The parent exception does not apply where the dissemination is for the parent's or guardian's sexual gratification.^[4]

"Only images count." Sexually explicit verbal material, including printed matter and sound recordings, is covered.^[10]

For parents responding to something a child has reported, see when a child discloses sexual abuse and mandated reporters.