Revenge Porn in Michigan Divorce cases.
As a Michigan divorce lawyer, I have learned to help clients manage emotions. However, when a party is engaged in extra-marital sexual contacts or an affair, the emotional response can be overwhelming.
Client’s often approach my office with visual evidence of an affair. Sometimes, the evidence is obtained from a private investigator, online or stumbled upon. Since fault can play a role in a Michigan divorce, visual evidence of an affair may be important.
However, even more extreme care must be used with explicit visual evidence of an affair because of the recent passage of the Michigan revenge porn statute.
The Michigan revenge porn statute is codified in Michigan Compiled Laws 750.145(e) and provides that:
- A person shall not intentionally and with the intent to threaten, coerce, or threaten to disseminate any sexually explicit visual material.
- The Michigan revenge porn statute provides that the word “disseminate” is defined as including: Posting, distributing or publishing on a computer device.
- The Michigan revenge porn statute provides that the word “nudity” is defined as displaying genitalia, or anus, or if the person is a female, her nipples or areola.
- The Michigan revenge porn statute provides that “sexually explicit material” is defined as a photograph or video that depicts nudity, erotic fondling, sexual intercourse or sadomasochistic abuse.
The penalty under the Michigan revenge porn statute is codified in Michigan Compiled Laws 750.145(f) and makes the crime a misdemeanor punishable by imprisonment up to one year and a fine of not more than $1,000.00.
Therefore, extreme care should be used when in possession of sexually explicit material and negotiating a Michigan divorce case to avoid criminal exposure.
About Findling Law:
I have been in practice for almost 20 years and practice exclusively in divorce and family law. My practice includes several attorneys who share the core value of practicing law to help people navigate change in their life, without compromising principles. We have extensive experience in high socio-economic, high profile and high conflict cases which has nurtured a skill set applicable to all divorce and family law cases regardless of socio-economic status. We recognize that it is the application of the law that is most important aspect of practice. That is why we provide more free information on divorce and family law than any other Michigan law firm.
We want to help you manage your situation. Let our exceptional legal team help you . . .
Local: +1 (248) 399-3300 – toll free: (877-YOUR FIRM)
After hours emergency?: +1 (707) 968-7347
Or email me at: Daniel@Findlinglaw.com
By: Daniel Findling
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