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MI HB5954

Bill

Status

Introduced

10/19/2016

Primary Sponsor

Edward Canfield

Click for details

Origin

House of Representatives

98th Legislature

AI Summary

  • 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.

  • Adds mandatory minimum 5-year sentence for second and subsequent offenses involving child sexually abusive material or sexual offenses against minors.

  • Exempts law enforcement, judicial officers, medical professionals, social workers, and other specified individuals from possession prohibitions when acting within scope of duties.

  • 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.

  • 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

Committee Referrals

Criminal Justice10/19/2016

Full Bill Text

No bill text available