3.18Intentional Dissemination of Sexually Explicit Visual Material of Another Person
“A person shall not intentionally and with the intent to threaten, coerce, or intimidate disseminate any sexually explicit visual material of another person if all of the following conditions apply:
(a) The other person is not less than 18 years of age.
(b) The other person is identifiable from the sexually explicit visual material itself or information displayed in connection with the sexually explicit visual material. This subdivision does not apply if the identifying information is supplied by a person other than the disseminator.
(c) The person obtains the sexually explicit visual material of the other person under circumstances in which a reasonable person would know or understand that the sexually explicit visual material was to remain private.
(d) The person knows or reasonably should know that the other person did not consent to the dissemination of the sexually explicit visual material.” MCL 750.145e(1).
A first violation of MCL 750.145e is a “misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.” MCL 750.145f(a). “For a second or subsequent violation of [MCL 750.145e], the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.” MCL 750.145f(b).
“[MCL 750.145e] does not prohibit a person from being charged with, convicted of, or punished for another violation of law committed by that person while violating or attempting to violate [MCL 750.145e].” MCL 750.145e(3).
A first-time or repeat offender convicted of violating MCL 750.145e must pay a crime victim assessment of $75. See MCL 780.905(1)(b).
3.Minimum State Cost and Other Costs
If the court orders payment of any combination of a fine, costs, or applicable assessments, the court must impose the minimum state cost of not less than $50. See MCL 769.1j(1)(b); MCL 769.1k(1)(a).
“[MCL 750.145e(1)] does not apply to any of the following:
(a) To the extent content is provided by another person, a person engaged in providing:
(i) An interactive computer service as that term is defined in 47 USC 230;
(ii) An information service, telecommunications service, or cable service as those terms are defined in 47 USC 153;
(iii) A commercial mobile service as defined in 47 USC 332;
(iv) A direct-to-home satellite service as defined in 47 USC 303(v); or
(v) A video service as defined in 2006 PA 480, MCL 484.3301 to [MCL] 484.3315.
(b) A person who disseminates sexually explicit visual material that is part of a news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.
(c) A law enforcement officer, or a corrections officer or guard in a correctional facility or jail, who is engaged in the official performance of his or her duties.
(d) A person disseminating sexually explicit visual material in the reporting of a crime.” MCL 750.145e(2).