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MI HB5954
Bill
Status
10/19/2016
Primary Sponsor
Edward Canfield
Click for details
AI Summary
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Restructures penalties for possession of child sexually abusive material into two tiers: up to 4 years imprisonment or $10,000 fine for basic possession, or up to 7 years imprisonment or $50,000 fine if material depicts prepubescent children, children under 12, sadomasochistic abuse, bestiality, or contains more than 100 images.
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Adds mandatory minimum 5-year sentence for second and subsequent offenses involving child sexually abusive material or sexual offenses against minors.
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Exempts law enforcement, judicial officers, medical professionals, social workers, and other specified individuals from possession prohibitions when acting within scope of duties.
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Requires defendants claiming depictions were not created using actual minors to file written notice at arraignment or within 15 days, including witness names and specific facts supporting the defense.
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Prohibits local municipalities from enacting ordinances governing child sexually abusive material, establishing uniform state-wide standards.
Legislative Description
Crimes; penalties; crime of aggravated possession of child sexually abusive material; provide increased penalty. Amends sec. 145c of 1931 PA 328 (MCL 750.145c).
Crimes: crimes against minors
Last Action
Bill Electronically Reproduced 10/19/2016
11/9/2016