Sharing Intimate Images Without Consent in Michigan (MCL 750.145e)

Michigan's "revenge porn" statute is MCL 750.145e. It prohibits intentionally disseminating sexually explicit visual material of another person, with the intent to threaten, coerce, or intimidate, when the person depicted is an adult and is identifiable, the material was obtained in circumstances where a reasonable person would understand it was to remain private, and the disseminator knows or reasonably should know the person did not consent to its dissemination.^[1] The penalty, set in MCL 750.145f, is a misdemeanor: up to 93 days for a first violation and up to 1 year for a repeat violation.^[2]

If you are in danger, call 911. RAINN's National Sexual Assault Hotline is free, confidential and open 24/7 at 800-656-HOPE (4673).^[8] Michigan's VOICES4 hotline takes calls and texts at 855-864-2374.^[9] StopNCII.org is a free tool for adults whose intimate images have been or may be shared; for images taken before age 18, use Take It Down.^[10][11]

This page sets out the elements and penalties, the statute's exceptions, the other state and federal laws that can apply to the same conduct, and the civil and removal options.

What does MCL 750.145e prohibit?

The statute has a conduct-and-intent requirement and then four conditions, all of which must apply.^[1]

1. Intentional dissemination with a particular intent. The person must intentionally disseminate the material "with the intent to threaten, coerce, or intimidate."^[1]
2. An adult. The other person is not less than 18 years of age.^[3]
3. Identifiable. The other person is identifiable from the material itself or from information displayed in connection with it.^[1] This condition does not apply if the identifying information is supplied by a person other than the disseminator.^[12]
4. Meant to stay private. The person obtained the material under circumstances in which a reasonable person would know or understand that it was to remain private.^[1]
5. No consent to dissemination. The person knows or reasonably should know that the other person did not consent to the dissemination.^[1]

Definitions

Term	Statutory meaning
Disseminate	Post, distribute, or publish on a computer device, computer network, website, or other electronic device or medium of communication[13]
Sexually explicit visual material	A photograph or video that depicts nudity, erotic fondling, sexual intercourse, or sadomasochistic abuse[13]
Nudity	Displaying a person's genitalia or anus or, if the person is a female, her nipples or areola[12]

Two features of these definitions are worth noticing. "Disseminate" is written in terms of electronic devices and media.^[13] And the material must be a "photograph or video"; fabricated images are the subject of a separate 2025 law, explained in Deepfake intimate images.^[13][14]

Penalties under MCL 750.145f

Violation	Classification	Maximum
First violation	Misdemeanor	93 days, a fine of up to $500, or both[2]
Second or subsequent violation	Misdemeanor	1 year, a fine of up to $1,000, or both[2]

Both sections took effect July 25, 2016, and neither has been amended since.^[15]

Who and what the statute does not cover

Subsection (2) lists exceptions. The offense does not apply to:

• providers of an interactive computer service, an information, telecommunications or cable service, a commercial mobile service, a direct-to-home satellite service, or a video service, to the extent the content is provided by another person;^[16]
• a person who disseminates material that is part of a news report or commentary or an artistic or expressive work;^[16]
• a law enforcement officer, or a corrections officer or guard in a correctional facility or jail, engaged in the official performance of his or her duties;^[16]
• a person disseminating the material in the reporting of a crime.^[16]

Other Michigan charges that can apply to the same conduct

MCL 750.145e says it does not prohibit a person from being charged with, convicted of, or punished for another violation of law committed while violating it.^[17] Depending on the facts, these statutes can come into play:

Statute	Conduct	Maximum
Sexual extortion, MCL 750.213b	Intentionally and maliciously threatening to release, exhibit, create, or distribute sexually explicit visual material of another individual in order to compel a person to do or refrain from doing an act against his or her will, with intent to obtain sexually explicit visual material or anything else of value[18]	5 years, a fine of up to $5,000, or both, for a first offense[19]
Unlawful posting of a message, MCL 750.411s	Posting a message without the victim's consent, knowing it could cause 2 or more separate acts of unconsented contact, with the intent and results the statute lists[20]	2 years, a fine of up to $5,000, or both; higher with listed aggravators[20]
Stalking, MCL 750.411h	A willful course of conduct involving repeated or continuing harassment that would cause a reasonable person, and does cause the victim, to feel terrorized, frightened, intimidated, threatened, harassed, or molested[21]	1 year, a fine of up to $1,000, or both, in the base case[21]
Capturing or distributing images, MCL 750.539j	Distributing an image the person knows or has reason to know was obtained by unlawfully photographing someone who had a reasonable expectation of privacy[22]	5 years, a fine of up to $5,000, or both[23]
Intimate deep fakes, MCL 752.388	Intentionally creating or disseminating a deep fake that realistically depicts an identifiable person's intimate parts or the person engaging in a sexual act, where the creator knew or reasonably should have known it would cause harm to the person falsely depicted[24]	1 year, a fine of up to $3,000, or both; 3 years, a fine of up to $5,000, or both, with a listed aggravating factor[25][26]

These offenses are explained at Sextortion, Voyeurism and hidden cameras, and, in the sister guide, Online harassment and posting messages and Stalking.

Federal law since 2025

The federal TAKE IT DOWN Act was approved on May 19, 2025.^[5] It makes it unlawful, in interstate or foreign commerce, to use an interactive computer service to knowingly publish an intimate visual depiction of an identifiable adult if the depiction was obtained or created where the person knew or reasonably should have known the individual had a reasonable expectation of privacy, what is depicted was not voluntarily exposed in a public or commercial setting, it is not a matter of public concern, and the publication is intended to cause harm or causes harm.^[5] An offense involving an adult is punishable by a fine, up to 2 years in prison, or both.^[27]

Two points in the federal text differ from the Michigan statute. The federal offense can rest on harm caused, including psychological, financial, or reputational harm, without the Michigan statute's intent to threaten, coerce, or intimidate.^[5][1] And the federal act states that consent to the creation of an image, or disclosing it to one person, does not establish consent to its publication.^[28]

The same act deals with removal. Covered platforms had one year from enactment to set up a process for an identifiable individual to report an intimate image published without consent, and on a valid request a platform must remove the image as soon as possible, and not later than 48 hours after receiving the request, and make reasonable efforts to remove known identical copies.^[6] The Federal Trade Commission enforces those duties.^[6]

Civil options and protection orders

A criminal charge is not the only legal route. Michigan's Penal Code preserves a person's right to pursue civil remedies for acts punishable under it.^[29] What claims may be available for the sharing of an authentic image depends on the facts and on civil law beyond this page; see Civil lawsuits and Criminal case vs. civil case. For fabricated images, the 2025 deep fake act creates a specific civil action with damages, attorney fees and court orders against further dissemination.^[30][31]

A nondomestic stalking personal protection order (PPO) is available to restrain conduct prohibited by the stalking statutes or by the unlawful-posting statute if the petition alleges facts that constitute that conduct, whether or not the respondent has been charged or convicted.^[7] PPO procedure is covered in the sister guide at How to get a PPO.

Getting images removed

• Report to the platform. The federal 48-hour removal duty described above applies to covered platforms.^[6]
• StopNCII.org. A free tool that generates a hash, or digital fingerprint, of an intimate image on the person's own device; the hash is the only file shared. It asks whether the person was 18 or older when the image was taken.^[10]
• Take It Down. A free, anonymous service for images taken when the person was under 18.^[11]

Step-by-step information is in Removing intimate images from the internet, and reporting routes are in Options for reporting.

What people get wrong

"Revenge porn is a felony in Michigan." MCL 750.145f makes it a misdemeanor at both levels.^[2]

"Sharing any intimate image is a crime." The Michigan statute has an intent element and four conditions, and it has exceptions.^[1][16]

"The same law covers pictures of minors." It applies only to a person who is not less than 18 years of age.^[3] See Teen sexting and the law.

"If the person sent the picture willingly, sharing it is allowed." The Michigan statute asks whether the material was to remain private and whether there was consent to the dissemination, not whether the image was first sent willingly.^[1]