SB-1314 Summary

• Amends Michigan Penal Code Section 145c to define and penalize crimes related to child sexually abusive material, including depictions that appear to include children but were not created using actual minors.

• Creates felony penalties: up to 20 years imprisonment and/or $100,000 fine for producing/arranging child sexually abusive material; up to 7 years and/or $50,000 fine for distributing it; up to 4 years and/or $10,000 fine for knowingly possessing it.

• Provides exemptions from prosecution for certain professionals (law enforcement, social services, medical providers, social workers) and for commercial film processors and computer technicians who report suspected child sexual abuse material to authorities in good faith.

• Requires defendants claiming a depiction does not actually use a real minor to provide written notice to prosecutors at least 10 days before trial, including witness names and specific facts supporting the defense.

• Prohibits local municipalities from enacting ordinances governing child sexually abusive activity or material, reserving this authority to the state; effective March 1, 2013.