Michigan Supreme Court Overturns Ruling on Child Porn Offender

[Kronzek Cronkright]

If law enforcement officials contact you regarding any type of sexual offense, you should be very afraid. According to experienced sex crime lawyers in Michigan, conviction will change your life permanently by forcing you to submit to the Sex Offender Registry and possibly serve jail time.

One of the more taboo and serious offenses a person can be charged with is the possession and distribution of child pornography, particularly online. If caught, the felony arrest could lock a suspect up for 20 years or more. However, a recent decision handed down by the Michigan Supreme Court clarified what defines “producing” child porn after overturning the conviction of a man accused of creating and possessing inappropriate images of minors.

The 14th Circuit Court convicted former Egelston Township treasurer Brian Hill of five counts of producing child pornography, along with five additional counts of using a computer to commit a felony. For this, he was ordered to serve ten concurrent sentences of four years nine months to 20 years in prison.

Now three years into his prison sentence, Hill’s case was brought before the Michigan Supreme Court for reconsideration. Although the defendant admitted that he had a large library of child pornography downloaded from the Internet and DVDs, it was kept for his own personal use and there was no evidence of distribution or production. In a 4-3 decision, the high court agreed with the defense, overturning the previous ruling, setting the proper conviction as child porn possession, a four year felony–significantly smaller than the 20 year sentence Hill received.

In the decision, the Supreme Court ruled that “producing” as a part of Michigan’s child pornography law, referred to those who create or financed the creation of sexually explicit images involving minors. These individuals are the ones who will receive the maximum penalty of 20 years in jail, according to the three-tier sentencing system–the middle tier, “distribution,” is also a felony and carries a seven year sentence.

As a result of the ruling handed down by the Supreme Court, Hill’s release from prison will likely come in a matter of weeks.

Many sex crime attorneys in Michigan believe that the ruling by the Supreme Court will set precedent statewide, affecting many current suspects, as well as individuals already serving time for sexual offenses. In addition, computer convictions will also be affected, falling to seven year felonies. Even so, most prison inmates incarcerated for computer crimes are paroled soon after serving their minimum term, and rarely serve the full seven years.

If you or a loved one has been convicted of child pornography charges similar to these, the Supreme Court’s decision may affect you and your case. To find out your options, as well as receive sound legal advice, it is essential to seek experienced Michigan sex offense attorneys immediately. Doing so will ensure the best legal representation, designed to protect your rights–ensuring that you are not taken advantage of by the court system.