DISSEMINATING, EXHIBITING, OR DISPLAYING SEXUALLY EXPLICIT MATTER TO MINORS
Act 33 of 1978
722.675 Disseminating sexually explicit matter to minor; felony; penalty.
Sec. 5.
(1) A person is guilty of disseminating sexually explicit matter to a minor if that person does either of the following:
(a) Knowingly disseminates to a minor sexually explicit visual or verbal material that is harmful to minors.
(b) Knowingly exhibits to a minor a sexually explicit performance that is harmful to minors.
(2) A person knowingly disseminates sexually explicit matter to a minor if the person knows both the nature of the matter and the status of the minor to whom the matter is disseminated.
(3) A person knows the nature of matter if the person either is aware of its character and content or recklessly disregards circumstances suggesting its character and content.
(4) A person knows the status of a minor if the person either is aware that the person to whom the dissemination is made is under 18 years of age or recklessly disregards a substantial risk that the person to whom the dissemination is made is under 18 years of age.
(5) Disseminating sexually explicit matter to a minor is a felony punishable by imprisonment for not more than 2 years or a fine of not more than $10,000.00, or both. In imposing the fine, the court shall consider the scope of the defendant's commercial activity in disseminating sexually explicit matter to minors.
History: 1978, Act 33, Eff. June 1, 1978 ;-- Am. 1999, Act 33, Eff. Aug. 1, 1999 ;-- Am. 2003, Act 192, Eff. Jan. 1, 2004
Constitutionality Notes:
Act 33 of 1999 violates the First Amendment and the Dormant Commerce Clause of the US Constitution. Defendants are permanently restrained and enjoined from enforcing any provisions of 1999 PA 33. Cyberspace Communications, Inc v Engler, 142 F Supp 2d 827 (ED Mich, 2001).
Notes of Decisions
Cited in
53
cases (
13 in the last 5 years), 1981–2026 · leading case:
People v. Lockett
People v. Lockett (2012)
michctapp · cites it 11×
“MCL 722.675(1) provides that [a] person is guilty of disseminating sexually explicit matter to a minor if that person .”
People v. Thousand (2001)
mich · cites it 4×
“§ 722.675. [16] It is unquestioned that defendant could not be convicted of that crime, because defendant allegedly distributed obscene material not to "a minor," but to an adult man.”
People v. Seewald (2016)
mich
“28 See MCL 722.675 (currently denominating the offense as “disseminating sexually explicit matter to a minor”).”
People of Michigan v. Kelvin Willis (2018)
michctapp
“7403(2)(a)(v), and disseminating sexually explicit material, MCL 722.675. The trial court sentenced defendant as a third-offense habitual offender, MCL 769.”
People v. Rose (2010)
michctapp
“520b, and two counts of disseminating sexually explicit matter to a minor, MCL 722.675. The trial court sentenced defendant to serve 25 years to 50 years in prison for each of his convictions of first-degree criminal sexual conduct and to serve 16 months to 24 months in prison…”
People v. Breeding (2009)
michctapp
“520b(l)(a), and two counts of distributing sexually explicit materials to a minor, MCL 722.675. *474 The victim was the son of defendant’s former girlfriend.”
People v. Wiggins (2010)
michctapp
“15g, two of the crimes used to score OV 12 in this case, those involving disseminating sexually explicit matter to a minor, MCL 722.675, are specifically designated as “[c]rimes against public order.”
People v. Thousand (2000)
michctapp · cites it 3×
“287 and MCL 722.675; MSA 25.254(5). The trial court granted defendant’s motion to quash and dismissed the case.”
People v. Cervi (2006)
michctapp
“internet or a computer, computer program, computer network, or computer system to communicate with any person for the purpose of doing any of the following: (a) Committing, attempting to commit, conspiring to commit, or soliciting another person to commit conduct proscribed…”
Athenaco, Ltd. v. Cox (2004)
mied · cites it 2×
“§ 722.675; M.S.A. § 25.254(5). [2] Persons with managerial responsibility who display prohibited material face up to 93 days imprisonment and/or a fine of not more than $5,000, unless they display the material in a restricted area.”
— Mich. Comp. Laws § 722.675(1) — 2 cases
People v. Lockett (2012)
michctapp
“MCL 722.675(1) provides that [a] person is guilty of disseminating sexually explicit matter to a minor if that person .”
People v. Thousand (2000)
michctapp
“287 and MCL 722.675; MSA 25.254(5). The trial court granted defendant’s motion to quash and dismissed the case.”
— Mich. Comp. Laws § 722.675(1)(a) — 6 cases
— Mich. Comp. Laws § 722.675(1)(b) — 2 cases
— Mich. Comp. Laws § 722.675(l)(b) — 1 case
People v. Lockett (2012)
michctapp
“MCL 722.675(1) provides that [a] person is guilty of disseminating sexually explicit matter to a minor if that person .”
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