Michigan
Michigan Sexting Laws: Legal Consequences and Penalties
Michigan has no dedicated sexting law, so prosecutors charge minors who send or receive explicit images under the child sexually abusive material statute, MCL 750.145c. Even consensual teen-to-teen sexting can result in felony charges under that law.
Overview of Michigan Sexting Laws
Michigan does not have a standalone sexting statute. Instead, prosecutors charge sexting offenses under the state's existing child sexually abusive material (CSAM) laws when the images involve anyone under 18. This means that teenagers who send, receive, or share nude images can face the same felony charges as adults convicted of child exploitation offenses.
For adults exchanging consensual images with other adults, sexting is generally legal. However, Michigan's revenge porn statute (MCL 750.145e) criminalizes the non-consensual sharing of intimate images. A separate law enacted in 2025 also prohibits AI-generated deepfake pornography.
This page covers the statutes that apply to sexting in Michigan, the penalties for each offense, available defenses, diversion programs, and long-term consequences of a conviction.
Michigan Teen Sexting and CSAM Laws
Michigan does not have a "Romeo and Juliet" exception for sexting, and Michigan has no close-in-age exception for physical sexual contact offenses either: MCL 750.520d (criminal sexual conduct in the third degree) sets a strict age floor for a victim who is 13 to 15 years old, with no exception based on the actor's age or the age gap between the parties.
This means that:
- A 17-year-old who takes and sends a nude selfie to a partner is technically "producing" and "distributing" child sexually abusive material.
- The partner who receives and keeps the image on a phone commits "possession" of child sexually abusive material.
- Anyone who forwards that image to a third party commits "dissemination" of child sexually abusive material.
Prosecutors often exercise discretion in teen sexting cases. Many opt for juvenile court proceedings or diversion programs rather than pursuing maximum felony charges. But the law on the books allows for severe penalties regardless of whether both parties consented.
Child Sexually Abusive Material: MCL 750.145c
The primary statute used to prosecute sexting involving minors is MCL 750.145c. This law prohibits the production, distribution, and possession of child sexually abusive material.
What Qualifies as "Sexually Abusive Material"
Under Michigan law, "child sexually abusive material" includes any visual depiction (photograph, video, or digital image) of a person under 18 engaged in "child sexually abusive activity." That activity includes:
- Sexual intercourse, actual or simulated
- Masturbation
- Passive sexual involvement
- Lewd exhibition of the genitals or pubic area
A nude selfie, even one that does not depict a specific sexual act, typically falls under "lewd exhibition." This broad definition is what makes teen sexting legally dangerous in Michigan.
Production and Inducement: MCL 750.145c(2)
This subsection makes it a felony to persuade, induce, entice, coerce, or cause a child to engage in child sexually abusive activity for the purpose of producing material. In a sexting context, this can apply to a teenager who asks another teen for a nude photo.
Distribution and Dissemination: MCL 750.145c(3)
Sending a sexually explicit image of a minor to another person, or posting it online, violates this subsection. This applies whether the sender created the image or received it from someone else.
Possession: MCL 750.145c(4)
Knowingly possessing any child sexually abusive material is a felony. This applies even if the recipient never asked for the photo but chose to keep it on a device rather than deleting it.
Penalties for Sexting Charges in Michigan
Because Michigan prosecutes sexting under its CSAM laws, the penalties are felony-level offenses with significant prison time.
| Offense | Statute | Classification | Maximum Prison | Maximum Fine |
|---|---|---|---|---|
| Possession | MCL 750.145c(4) | Felony | 4 years | $10,000 |
| Distribution | MCL 750.145c(3) | Felony | 7 years | $50,000 |
| Production / Inducement | MCL 750.145c(2) | Felony | 20 years | $100,000 |
Enhanced Penalties
Michigan law provides for harsher sentences in certain circumstances. Under MCL 750.145c, if the offense involves a prepubescent child, sadomasochistic abuse, bestiality, or a video or more than 100 images, the penalties increase:
- Production: Up to 25 years in prison and a fine of up to $125,000.
- Distribution: Up to 15 years in prison and a fine of up to $75,000.
Additional Charges: Use of a Computer (MCL 750.145d)
If the offense involves the use of a computer, smartphone, or the internet, prosecutors can bring additional charges under MCL 750.145d. A court may order that a sentence imposed under this section be served consecutively to the sentence for the underlying offense, which increases the total time served.
Juvenile Court vs. Adult Court
How a teen sexting case is handled depends largely on the minor's age and the prosecutor's discretion.
Juvenile Court Proceedings
Minors under 17 are generally handled in juvenile court. In juvenile court, the minor receives an "adjudication" rather than a criminal conviction. A juvenile court judge has broader discretion in sentencing (called a "disposition") and may order:
- Counseling or educational programming
- Probation with a juvenile officer
- Community service
- Restrictions on phone or internet use
Juvenile adjudications are typically sealed from public view once the minor reaches adulthood.
Transfer to Adult Court
Michigan law allows judges to transfer minors age 14 to 16 to adult court for certain felony offenses. If a juvenile sexting case is transferred to adult court, the minor faces adult penalties, including prison time and mandatory sex offender registration.
Minors who are 17 or older at the time of the offense are automatically charged as adults in Michigan.
Revenge Porn Laws: MCL 750.145e
Michigan criminalizes the non-consensual sharing of intimate images under MCL 750.145e. This statute applies primarily to images of adults (18 and older), since images of minors trigger the more severe CSAM charges discussed above.
A person violates this law by intentionally disseminating sexually explicit visual material when all of the following conditions are met:
- The depicted person is at least 18 years old.
- The depicted person is identifiable from the material or accompanying information.
- The material was obtained under circumstances where the depicted person had a reasonable expectation of privacy.
- The depicted person did not consent to the dissemination.
- The disseminator acted with the intent to threaten, coerce, or intimidate.
Revenge Porn Penalties
| Offense | Classification | Maximum Jail | Maximum Fine |
|---|---|---|---|
| First offense | Misdemeanor | 93 days | $500 |
| Second or subsequent offense | Misdemeanor | 1 year | $1,000 |
If the images depict a minor, prosecutors will typically bypass this statute and file felony charges under MCL 750.145c instead.
AI Deepfake Pornography: Protection from Intimate Deep Fakes Act (2025)
On August 26, 2025, Governor Gretchen Whitmer signed House Bills 4047 and 4048 into law, creating the Protection from Intimate Deep Fakes Act. This law took effect immediately upon signing.
Under this law, it is illegal to create or distribute an AI-generated deepfake that:
- Shows a person's intimate parts or depicts a sexual act
- Makes the person identifiable by face, likeness, or other personal information
- Was created or shared without the depicted person's consent
Deepfake Penalties
- First offense: Misdemeanor, up to 1 year in jail and/or $3,000 fine.
- Aggravated offense: Felony, up to 3 years in prison and/or $5,000 fine. Aggravating factors include intent to profit, posting online, causing financial loss to the victim, or using the material to harass or extort.
Victims can also pursue civil lawsuits for economic damages, emotional distress, and injunctive relief.
Defenses to Sexting Charges
Given the severity of Michigan's CSAM laws, defense strategies often focus on reducing the charges or qualifying for a diversion program.
Common Legal Defenses
- Lack of knowledge: The defendant did not know they possessed the material. For example, an image that was auto-downloaded to a device without the user ever viewing it.
- Unsolicited receipt and prompt deletion: The defendant received an image they did not request and deleted it immediately or reported it to law enforcement.
- Identity and device ownership: The defendant was not the person who sent the message or did not have exclusive control of the device.
- Age of the depicted person: If the prosecution cannot prove the person in the image was under 18, the CSAM charges may not apply.
Holmes Youthful Trainee Act (HYTA)
For defendants whose offense was committed on or after their 18th birthday but before their 26th birthday, Michigan offers a critical diversion program under the Holmes Youthful Trainee Act (MCL 762.11). (An earlier version of the law covered ages 17 to 24; current law, in effect since October 1, 2021, covers 18 to 26.)
How HYTA works:
- The defendant pleads guilty to the offense.
- The judge assigns "youthful trainee" status without entering a formal conviction.
- The defendant serves a period of probation, which may include counseling, community service, and compliance with court-ordered conditions.
- If probation is completed successfully, the charges are dismissed and no criminal conviction appears on the public record.
HYTA eligibility requirements:
- The offense must have been committed on or after the defendant's 18th birthday but before their 26th birthday.
- The defendant must not have a prior conviction or adjudication requiring sex offender registration.
- Both the judge and prosecutor must agree to grant HYTA status. It is discretionary, not automatic.
In teen sexting cases, HYTA can be the difference between a clean record and a lifetime felony conviction with sex offender registration.
Long-Term Consequences of a Conviction
A conviction under Michigan's CSAM laws carries consequences that extend well beyond prison time and fines.
Sex Offender Registration (SORA)
Convictions under MCL 750.145c generally require registration on the Michigan Sex Offender Registry. Registration periods depend on the offense tier:
- Tier I: 15 years of registration
- Tier II: 25 years of registration
- Tier III: Lifetime registration
Important note on SORA reform: In March 2025, a federal district court ruled significant portions of Michigan's Sex Offender Registration Act unconstitutional in the Does v. Whitmer (Does III) case. The court found that retroactive registration changes, vague reporting requirements, and lack of due process for out-of-state registrants violated constitutional rights. As of early 2026, the ruling is on appeal in the Sixth Circuit, and the Michigan Legislature is considering amendments to the law. The practical impact on registration requirements continues to evolve.
Other Consequences
- Education: Expulsion from school, loss of scholarships, and denial of college admission.
- Employment: Significant difficulty finding jobs, particularly in healthcare, education, childcare, and government.
- Housing: Many landlords refuse to rent to registered sex offenders.
- Professional licensing: Many professional licenses may be denied or revoked.
What to Do If Investigated or Charged
If you or your child faces an investigation or charges related to sexting in Michigan:
- Do not speak to police without an attorney. You have the right to remain silent. Politely state that you want a lawyer before answering any questions.
- Do not destroy evidence. Deleting images after an investigation has begun can result in additional charges for evidence tampering.
- Contact a criminal defense attorney immediately. An experienced attorney can evaluate HYTA eligibility, negotiate with prosecutors, and protect your rights throughout the process.
- Contact the State Bar of Michigan Lawyer Referral Service if you need help finding an attorney.
More Michigan Laws
Frequently Asked Questions
Is there a Romeo and Juliet law for sexting in Michigan?
No. Michigan has no close-in-age provision for physical sexual contact offenses either: MCL 750.520d sets a strict age floor for a victim who is 13 to 15 years old, with no exception based on the actor's age or the age gap between the parties. A teenager who sends a nude selfie to a same-age partner can technically be charged with producing and distributing child sexually abusive material, regardless of the age gap between the parties.
What happens if I am 18 and my partner is 17?
This is legally dangerous. As an adult, possessing a nude photo of a 17-year-old is a felony under MCL 750.145c(4), carrying up to 4 years in prison and a $10,000 fine. The fact that the image was sent consensually by your partner is not a legal defense to the charge.
Can a minor be charged as an adult for sexting in Michigan?
Yes. Minors aged 17 or older are automatically charged as adults under Michigan law. Minors aged 14 to 16 can be transferred to adult court at the judge's discretion for felony offenses, including CSAM charges. In juvenile court, the penalties are less severe and the proceedings are generally sealed, but a transfer to adult court carries full adult penalties including potential prison time and sex offender registration.
Does deleting a nude photo protect me from criminal charges?
Not necessarily. Deleting a photo removes the evidence from your device, but it does not undo the crime of possession if it already occurred. Promptly deleting an unsolicited image is your best practical defense. However, once an investigation has begun, deleting images can result in additional charges for tampering with evidence. Forensic experts can often recover deleted files from electronic devices.
Does Michigan have laws against AI-generated or deepfake pornography?
Yes. Governor Whitmer signed the Protection from Intimate Deep Fakes Act into law on August 26, 2025. Creating or distributing AI-generated images that depict a real, identifiable person in a sexual context without their consent is a misdemeanor for a first offense (up to 1 year in jail, $3,000 fine) or a felony with aggravating factors (up to 3 years in prison, $5,000 fine). If the deepfake depicts a minor, prosecutors may also file charges under the CSAM statute, which carries much harsher penalties.
Updates
Corrected the MCL 750.145c enhanced distribution penalty (was understated as 10 years/$50,000; the statute sets 15 years/$75,000), fixed 'concurrent' to 'consecutive' for MCL 750.145d sentencing, removed the claim that MCL 750.520d provides a close-in-age defense (its text has none), and corrected the Holmes Youthful Trainee Act eligibility window from 17-26 to the current 18-26.
Governing law re-checked for recent changes
The Law Behind This Article
This article rests on 7 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
Michigan Compiled Laws
§ 750.145cDefinitions; child sexually abusive activity or material; penalties; possession of child sexually abusive material; expert testimony; defenses; acts of commercial film or photographic print processor; report to law enforcement agency by computer technician; reasonable availability of evidence to defendant; applicability and uniformity of section; enactment or enforcement of ordinance, rule, or regulation prohibitedIn forcecited in 4 of our articles
(1) As used in this section: (a) "Access" means to intentionally cause to be viewed by or transmitted to a person. (b) "Appears to include a child" means that the depiction appears to include, or conveys the impression that it includes, a person who is less than 18 years of age, and the depiction meets either of the following conditions: (i) It was created using a depiction of any part of an actual person under the age of 18. (ii) It was not created using a depiction of any part of an actual person under the age of 18, but all of the following apply to that depiction: (A) The average individual, applying contemporary community standards, would find the depiction, taken as a whole, appeals to the prurient interest. (B) The reasonable person would find the depiction, taken as a whole, lacks serious literary, artistic, political, or scientific value. (C) The depiction depicts or describes a listed sexual act in a patently offensive way. (c) "Child" means a person who is less than 18 years of age, subject to the affirmative defense created in subsection (7) regarding persons emancipated by operation of law.
Official text (excerpt) · as of 2026-07-30 · Read the full section at legislature.mi.gov
Also relied on in: Michigan Deepfake Laws: AI Images, Voice Cloning & Penalties (2026)
§ 750.145dUse of internet or computer system; prohibited conduct; violation; penalty; jurisdiction; order to reimburse state or local governmental unit; definitionsIn forcecited in 2 of our articles
(1) A person shall not use the 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 under section 145a, 145c, 157c, 349, 350, 520b, 520c, 520d, 520e, or 520g, or section 5 of 1978 PA 33, MCL 722.675, in which the victim or intended victim is a minor or is believed by that person to be a minor. (b) Committing, attempting to commit, conspiring to commit, or soliciting another person to commit conduct proscribed under section 411h or 411i. (c) Committing, attempting to commit, conspiring to commit, or soliciting another person to commit conduct proscribed under chapter XXXIII or section 327, 327a, 328, or 411a(2). (2) A person who violates this section is guilty of a crime as follows: (a) If the underlying crime is a misdemeanor or a felony with a maximum term of imprisonment of less than 1 year, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $5,000.00, or both.
Official text (excerpt) · as of 2026-07-30 · Read the full section at legislature.mi.gov
§ 750.145eDissemination of sexually explicit visual material of another person; prohibition; exceptions; other violations of law; violation; penalty; definitionsIn forcecited in 5 of our articles
(1) 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.
Official text (excerpt) · as of 2026-07-30 · Read the full section at legislature.mi.gov
Also relied on in: Michigan Voyeurism and Hidden Camera Laws: MCL 750.539j Penalties and Protections (2026), Revenge Porn Laws by State: All 50 States and DC (2026)
§ 750.520dCriminal sexual conduct in the third degree; felonyIn forcecited in 4 of our articles
(1) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exist: (a) That other person is at least 13 years of age and under 16 years of age. (b) Force or coercion is used to accomplish the sexual penetration. Force or coercion includes but is not limited to any of the circumstances listed in section 520b(1)(f)(i) to (v). (c) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless. (d) That other person is related to the actor by blood or affinity to the third degree and the sexual penetration occurs under circumstances not otherwise prohibited by this chapter. It is an affirmative defense to a prosecution under this subdivision that the other person was in a position of authority over the defendant and used this authority to coerce the defendant to violate this subdivision. The defendant has the burden of proving this defense by a preponderance of the evidence. This subdivision does not apply if both persons are lawfully married to each other at the time of the alleged violation.
Official text (excerpt) · as of 2026-07-30 · Read the full section at legislature.mi.gov
Also relied on in: Michigan Expungement Laws: How Conviction Set-Aside Works Under MCL 780.621
§ 750.539jSurveillance of or distribution, dissemination, or transmission of recording, photograph, or visual image of individual having reasonable expectation of privacy; prohibited conduct; violation as felony; penalty; exceptions; "surveil" definedIn forcecited in 20 of our articles
(1) A person shall not do any of the following: (a) Surveil another individual who is clad only in his or her undergarments, the unclad genitalia or buttocks of another individual, or the unclad breasts of a female individual under circumstances in which the individual would have a reasonable expectation of privacy. (b) Photograph, or otherwise capture or record, the visual image of the undergarments worn by another individual, the unclad genitalia or buttocks of another individual, or the unclad breasts of a female individual under circumstances in which the individual would have a reasonable expectation of privacy. (c) Distribute, disseminate, or transmit for access by any other person a recording, photograph, or visual image the person knows or has reason to know was obtained in violation of this section. (2) A person who violates or attempts to violate this section is guilty of a crime as follows: (a) For a violation or attempted violation of subsection (1)(a): (i) Except as provided in subparagraph (ii), the person is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.
Official text (excerpt) · as of 2026-07-30 · Read the full section at legislature.mi.gov
Also relied on in: Michigan Smart Glasses Recording Laws (2026), Michigan Recording Laws (2026): Consent Rules and Participant Exception, Michigan Landlord-Tenant Recording Laws: Surveillance, Privacy, and Tenant Rights (2026)
§ 762.11Criminal offense by individual between ages 17 and 24 before October 1, 2021 and 18 and 26 beginning October 1, 2021; assignment to status of youthful trainee; consent of prosecuting attorney; exceptions; employment or school attendance; electronic monitoring; definitionsIn forcecited in 2 of our articles
(1) Until October 1, 2021 and except as provided in subsections (3) and (4), if an individual pleads guilty to a criminal offense, committed on or after the individual's seventeenth birthday but before his or her twenty-fourth birthday, the court of record having jurisdiction of the criminal offense may, without entering a judgment of conviction and with the consent of that individual, consider and assign that individual to the status of youthful trainee. If the offense was committed on or after the individual's twenty-first birthday but before his or her twenty- fourth birthday, the individual must not be assigned to youthful trainee status without the consent of the prosecuting attorney. (2) Beginning October 1, 2021, except as provided in subsections (3) and (4), if an individual pleads guilty to a criminal offense, committed on or after the individual's eighteenth birthday but before his or her twenty-sixth birthday, the court of record having jurisdiction of the criminal offense may, without entering a judgment of conviction and with the consent of that individual, consider and assign that individual to the status of youthful trainee.
Official text (excerpt) · as of 2026-07-30 · Read the full section at legislature.mi.gov
Cross-referenced in the statute itself: § 750.520d
§ 780.621Application for order setting aside conviction; felony or misdemeanor conviction; setting aside of certain convictions prohibited; victim of human trafficking violation; definitionsIn forcecited in 8 of our articles
(1) Except as otherwise provided in this act, a person who is convicted of 1 or more criminal offenses may file an application with the convicting court for the entry of an order setting aside 1 or more convictions as follows: (a) Except as provided in subdivisions (b) and (c), a person convicted of 1 or more criminal offenses, but not more than a total of 3 felony offenses, in this state, may apply to have all of the applicant's convictions from this state set aside. (b) An applicant may not have more than a total of 2 convictions for an assaultive crime set aside under this act during the applicant's lifetime. (c) An applicant may not have more than 1 felony conviction for the same offense set aside under this section if the offense is punishable by more than 10 years imprisonment. (d) A person who is convicted of a violation or an attempted violation of section 520e of the Michigan penal code, 1931 PA 328, MCL 750.520e, before January 12, 2015 may petition the convicting court to set aside the conviction if the individual has not been convicted of another offense other than not more than 2 minor offenses.
Official text (excerpt) · as of 2026-07-30 · Read the full section at legislature.mi.gov
Also relied on in: Michigan Background Check Laws (2026 Guide), Expungement Laws by State: How to Clear Your Record (2026), DUI Expungement by State: Where You Can Clear Your Record
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Sources and References
- MCL 750.145c - Child Sexually Abusive Activity or Material(legislature.mi.gov).gov
- MCL 750.145e - Dissemination of Sexually Explicit Visual Material(legislature.mi.gov).gov
- MCL 750.145d - Use of Internet or Computer to Commit Crime(legislature.mi.gov).gov
- MCL 762.11 - Holmes Youthful Trainee Act(legislature.mi.gov).gov
- MCL 750.520d - Criminal Sexual Conduct Third Degree(legislature.mi.gov).gov
- Governor Whitmer Signs Bills to Protect Michiganders from Sexual Exploitation (2025)(michigan.gov).gov
- Michigan Sex Offender Registry(michigan.gov).gov
- State Bar of Michigan Lawyer Referral Service(lrs.michbar.org)
- Michigan Courts - HYTA Benchbook(courts.michigan.gov).gov
- ACLU Michigan - Does III SORA Challenge(aclumich.org)