Michigan Compiled Laws

Mich. Comp. Laws § 752.367 (2026)

Applicability of MCL 752.365.

✓ current as of July 2026

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OBSCENE MATERIAL

Act 343 of 1984

752.367 Applicability of MCL 752.365.

Sec. 7.

Section 5 does not apply to the dissemination of obscene material by any of the following:

(a) An individual who disseminates obscene material in the course of his or her duties as an employee of, or as a member of the board of directors of, any of the following:

(i) A public or private college, university, or vocational school.

(ii) A library established by this state or a library established by a county, city, township, village, or other local unit of government or authority or combination of local units of government and authorities or a library established by a community college district.

(iii) A public or private not for profit art museum that is exempt from taxation under section 501(c)(3) of the internal revenue code.

(b) An individual who disseminates obscene material in the course of the individual's employment and does not have discretion with regard to that dissemination or is not involved in the management of the employer.

(d) A cable television operator that is subject to the communications act of 1934, chapter 652, 48 Stat. 1064.

History: 1984, Act 343, Eff. Mar. 29, 1985 ;-- Am. 1992, Act 216, Eff. Mar. 31, 1993

Notes of Decisions

Cited in 3 cases, 2005–2014 · leading case: People v. Tombs, 697 N.W.2d 494 (Mich. 2005).

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People v. Tombs, 697 N.W.2d 494 (Mich. 2005). · cites it 4× “This subsection does not apply to the persons described in section 7 of 1984 PA 343 , MCL 752.367. The question presented is whether, to be convicted under the statute, a defendant must possess the criminal intent to distribute or promote child pornography.”

People v. Harris, 845 N.W.2d 477 (Mich. 2014). “00, or both, if that person knows, has reason to know, or should reasonably be expected to know that the child is a child or that the child sexually abusive material includes a child or that the depiction constituting the child sexually abusive material appears to include a…”

People v. Hill, 786 N.W.2d 601 (Mich. 2010). · cites it 2× “This subsection does not apply to the persons described in section 7 of 1984 PA 343 , MCL 752.367. (4) A person who knowingly possesses any child sexually abusive material is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than…”

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.