Mich. Comp. Laws » Michigan Compiled Laws / Chapter 722 / Act 33 of 1978
Michigan Compiled Laws

Mich. Comp. Laws § 722.682 (2026)

Effect of MCL 722.679 to 722.681 on prosecutions under other laws; declaratory judgment or denial of injunction as defense; withdrawing opinion and obtaining injunction as conditions for prosecution under MCL 722.675; applicability of declaratory judgment or injunction.

✓ current as of July 2026
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DISSEMINATING, EXHIBITING, OR DISPLAYING SEXUALLY EXPLICIT MATTER TO MINORS


Act 33 of 1978


722.682 Effect of MCL 722.679 to 722.681 on prosecutions under other laws; declaratory judgment or denial of injunction as defense; withdrawing opinion and obtaining injunction as conditions for prosecution under MCL 722.675; applicability of declaratory judgment or injunction.

Sec. 12.

    (1)  Except as provided in this section, sections 9 to 11 shall not preclude or impair prosecution for violation of any law of this state.

    (2) If a declaratory judgment has been obtained pursuant to sections 10 and 11, or an application for an injunction pursuant to section 9 has been denied, on the ground that the knowing dissemination to a minor of specified matter does not violate section 5, that determination is a complete defense for a person against a prosecution under section 5 based upon the dissemination of that specified matter and against a prosecution for violation of a preliminary injunction or restraining order granted pursuant to section 11.

    (3) If a prosecuting attorney issues an advisory opinion stating in unequivocal terms that knowing dissemination of specified matter to a minor is not considered by the prosecuting attorney to violate section 5, then the recipient of the opinion may be prosecuted under section 5 for the dissemination of that specified matter only after the prosecutor has both withdrawn the opinion and obtained an injunction pursuant to section 9 against the dissemination of that specified material by that person.

    (4) A declaratory judgment or injunction shall apply only to the county in which the prosecuting attorney serves.

History: 1978, Act 33, Eff. June 1, 1978

Notes of Decisions
Cited in 1 case, 2006–2006 · leading case: Face Trading, Inc. v. Dep't of Consum. & Indus. Servs., 717 N.W.2d 377 (Mich. Ct. App. 2006).
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Face Trading, Inc. v. Dep't of Consum. & Indus. Servs., 717 N.W.2d 377 (Mich. Ct. App. 2006). “See MCL 722.682(2) (proof that material is not obscene under the clear and convincing evidence standard is an absolute defense to dissemination of obscene material to minors), and MCL 600.”
— Mich. Comp. Laws § 722.682(2) — 1 case
Face Trading, Inc. v. Dep't of Consum. & Indus. Servs., 717 N.W.2d 377 (Mich. Ct. App. 2006). “See MCL 722.682(2) (proof that material is not obscene under the clear and convincing evidence standard is an absolute defense to dissemination of obscene material to minors), and MCL 600.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.