Short answer: Michigan has not enacted a separate, lesser offense for teenage sexting. When a minor is depicted, explicit images are charged under MCL 750.145c as child sexually abusive material — a felony — even when both people involved are teenagers who sent the images to each other willingly.
Why a Teenage Case Becomes a Felony
Parents are usually stunned by this, and they should be. A 16-year-old who sends an explicit photo of herself to her 17-year-old boyfriend has, under a literal reading of MCL 750.145c, produced child sexually abusive material. The boyfriend who keeps it has possessed it. If he forwards it, he has distributed it.
The statute was written to stop adults exploiting children. It contains no exception for two minors in a relationship. Michigan has repeatedly considered creating a lesser tier for this conduct, and prosecutors have real discretion in how they handle it — but the exposure on paper is felony exposure, and that is what any family has to defend against.
What the Exposure Looks Like
Under MCL 750.145c, possession of child sexually abusive material is a felony punishable by up to 4 years; distribution or promotion carries up to 7 years; and production carries up to 20 years. Registration consequences can follow a conviction.
For a teenager the registry is the catastrophe, not the sentence. It affects school enrolment, housing, athletics, college admission, and employment for decades. Keeping a young client off the registry is the objective from the first phone call.
How These Cases Get Resolved
Most of these cases do not end in a felony conviction, provided they are handled early and by someone who has done it before.
- Juvenile court and diversion. Cases involving minors usually proceed in the family division, where diversion and consent calendar options can resolve a matter without an adjudication.
- HYTA for a qualifying young adult, which can avoid a public conviction entirely.
- Negotiating away the registrable count. A plea to a non-registrable offence is very often achievable and is the outcome that matters most.
- Charging discretion. Kent County prosecutors have latitude here, and a well-presented mitigation package before charges are authorised can prevent a case from ever being filed.
What Parents Should Do Right Now
Do not have your child explain themselves to a school official or a police officer. School resource officers are police, and statements made in a principal’s office end up in reports.
Do not delete anything. Deleting evidence can create a separate offence and it destroys the context that often exonerates.
Do not let anyone search your child’s phone without talking to a lawyer, and call before the interview rather than after it. I answer at 616-438-6719, including nights and weekends.
Michigan Sexting Laws and Teenage Sexting Charges — Frequently Asked Questions
Is sexting illegal in Michigan?
Between consenting adults, no. When anyone depicted is under 18 the images fall under MCL 750.145c as child sexually abusive material, which is a felony regardless of whether both parties are teenagers.
Does Michigan have a special teen sexting law?
Michigan has not enacted a separate lesser offence for teenage sexting. These cases are charged under the child sexually abusive material statute, though prosecutors have discretion and juvenile diversion is often available.
Can my teenager be put on the sex offender registry for sexting?
It is possible depending on the charge and the outcome, which is exactly why these cases need a lawyer immediately. Avoiding a registrable conviction is the central goal.
My child was asked to talk to the school resource officer. Should they?
No. A school resource officer is a police officer, and statements made at school appear in police reports. Call a lawyer before any interview.
What are the penalties under MCL 750.145c?
Possession carries up to 4 years, distribution or promotion up to 7 years, and production up to 20 years.
Should we delete the photos?
No. Deleting can amount to destroying evidence and may create a separate charge, and it removes the context that often helps the defence. Preserve everything and let your lawyer handle it.
Related Pages
- Michigan Sexting Laws (article)
- Child Pornography
- Revenge Porn
- Internet Sex Crimes
- Solicitation of a Minor
- Sex Crimes Defense
Talk to Me Before You Talk to Anyone Else
If you are under investigation or have been charged, the decisions you make in the first days matter more than almost anything that happens later. Do not speak to police, do not contact the complainant, and do not delete anything. Call me at 616-438-6719 — the consultation is free and I answer 24/7, across Kent, Ottawa, Allegan, Barry, Ionia, Muskegon, Newaygo and Van Buren counties.