What to Do If Arrested for Possession or Distribution of Criminal Sexual Material and What the Penalties Are

If you or someone you love has been arrested for possession or distribution of child sexually abusive material — commonly referred to as child pornography — the situation is as serious as it gets. These charges carry devastating consequences under both Michigan and federal law, including mandatory prison time, lifetime sex offender registration, and permanent damage to your career, reputation, and family relationships.

As a criminal defense attorney with over 25 years of experience defending individuals in both Michigan state courts and the U.S. District Courts for the Eastern and Western Districts of Michigan, I want to walk you through exactly what these charges mean, what penalties you face, and what steps you should take right now to protect your rights.

What Michigan Law Says: MCL 750.145c

Michigan's primary statute governing child sexually abusive material is [MCL 750.145c](https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-750-145C). This law criminalizes three categories of conduct, each carrying increasingly severe penalties.

Understanding the Legal Definitions

Under MCL 750.145c(1)(o), "child sexually abusive material" is defined broadly. It includes any depiction — photograph, video, electronic image, computer-generated image, film, or sound recording — of a child (or what appears to be a child) engaged in a listed sexual act. The definition covers physical media, digital files, and content stored on computers, phones, USB drives, or cloud storage.

A "child" under this statute means any person under the age of 18 — even though the age of consent in Michigan is 16. This distinction catches many people off guard. A person in a lawful sexual relationship with a 17-year-old could face felony charges for recording that encounter.

Michigan Penalties by Offense Category

Production (MCL 750.145c(2)) — Knowingly persuading, inducing, enticing, coercing, or allowing a child to engage in child sexually abusive activity for the purpose of producing such material carries the harshest penalties: up to 20 years in prison and fines up to $100,000. In the most serious cases involving aggravating factors, sentences can reach 25 years. This is a Tier II sex offense under Michigan's Sex Offenders Registration Act (SORA).

Distribution or Promotion (MCL 750.145c(3)) — Distributing, promoting, financing the distribution of, or receiving for the purpose of distributing child sexually abusive material is a felony punishable by up to 7 years in prison and fines up to $50,000. This is also a Tier II sex offense requiring registration.

Possession (MCL 750.145c(4)) — Knowingly possessing child sexually abusive material is a felony punishable by up to 4 years in prison and fines up to $10,000. Even simple possession — having material stored on a personal device — triggers mandatory sex offender registration under SORA.

What the Prosecution Must Prove

To convict under MCL 750.145c, the prosecution must establish that:

- The defendant knowingly possessed, created, or distributed the material.

- The content depicted (or appeared to depict) a minor under 18 engaged in a sexual act.

- The defendant knew, had reason to know, or should reasonably have known the person depicted was a child.

The word "knowingly" is critical. The government must prove you were aware of the material's nature and content. Accidental downloads, shared devices, malware, and unauthorized access by third parties can all raise legitimate questions about knowledge and intent.

When the Case Goes Federal: 18 U.S.C. §§ 2251, 2252, and 2252A

Many child sexually abusive material cases are investigated and prosecuted at the federal level, particularly when the Internet is involved. Because digital files almost always cross state lines via servers, cloud storage, or peer-to-peer networks, federal jurisdiction attaches in the vast majority of cases.

The primary federal statutes are:

- [18 U.S.C. § 2251](https://www.law.cornell.edu/uscode/text/18/2251) — Sexual exploitation of children (production)

- [18 U.S.C. § 2252](https://www.law.cornell.edu/uscode/text/18/2252) — Transportation, receipt, distribution, and possession

- [18 U.S.C. § 2252A](https://www.law.cornell.edu/uscode/text/18/2252A) — Activities relating to material constituting or containing child pornography (covers both real and virtual depictions)

Federal Penalties Are Dramatically Harsher

Federal sentencing for these offenses includes mandatory minimum prison terms — meaning the judge has no discretion to go below these floors.

Production (18 U.S.C. § 2251): A first-time offender faces a mandatory minimum of 15 years and a maximum of 30 years in federal prison. A second offense carries 25 to 50 years. A third offense carries life imprisonment.

Transportation, Receipt, or Distribution (18 U.S.C. § 2252): A first-time offender faces a mandatory minimum of 5 years and a maximum of 20 years. Prior offenders face 15 to 40 years. If the material depicts violence, sadistic conduct, or involves a minor who was sexually abused, the sentence can reach life imprisonment.

Possession (18 U.S.C. § 2252): Up to 10 years for a first offense. If the material depicts a child under 12, the maximum increases to 20 years. Repeat offenders face 10 to 20 years.

Federal Sentencing Guidelines Add Additional Exposure

Beyond mandatory minimums, the [United States Sentencing Guidelines (USSG)](https://www.ussc.gov/guidelines/guidelines-manual) apply enhancement factors that significantly increase the advisory sentencing range. Common enhancements include: the number of images involved (often measured in hundreds or thousands); the age of the depicted minor (enhancements apply for children under 12); the use of a computer; distribution through peer-to-peer networks; and whether the material depicts sadistic or violent conduct.

In practice, federal defendants facing these charges often calculate guideline ranges that far exceed the mandatory minimums. An experienced federal criminal defense attorney can challenge the application of these enhancements and argue for a sentence below the advisory range under [18 U.S.C. § 3553(a)](https://www.law.cornell.edu/uscode/text/18/3553).

Collateral Consequences Beyond Prison

A conviction for child sexually abusive material — whether state or federal — carries consequences that extend far beyond the prison sentence itself.

Sex Offender Registration: Michigan's Sex Offenders Registration Act (SORA) and the federal Sex Offender Registration and Notification Act (SORNA) require lifetime registration for many of these offenses. This means your name, photograph, address, and conviction will be publicly available on the Michigan Public Sex Offender Registry for the rest of your life.

Employment and Housing: Registered sex offenders face severe restrictions on where they can live and work. Many employers, landlords, and professional licensing boards conduct background checks that will reveal the conviction.

Loss of Professional Licenses: Physicians, attorneys, teachers, nurses, accountants, financial advisors, and other licensed professionals face revocation or suspension of their professional licenses.

Immigration Consequences: Non-citizens convicted of these offenses face virtually certain deportation and permanent inadmissibility to the United States.

Parental Rights: A conviction can result in the loss of custody and visitation rights, and may be used as a basis for termination of parental rights.

Firearm Rights: Federal law prohibits anyone convicted of a felony from possessing firearms. This prohibition is permanent.

What to Do Immediately If You Are Arrested or Under Investigation

If law enforcement has contacted you, executed a search warrant at your home, seized your electronic devices, or arrested you, the following steps are critical.

### 1. Exercise Your Right to Remain Silent

This is the most important thing you can do. Under the Fifth Amendment to the United States Constitution and [Miranda v. Arizona, 384 U.S. 436 (1966)](https://supreme.justia.com/cases/federal/us/384/436/), you have the absolute right to refuse to answer questions without your attorney present. Do not try to explain yourself. Do not consent to interviews. Do not provide passwords to encrypted devices. Politely state: "I am invoking my right to remain silent and I want to speak with my attorney."

### 2. Contact an Experienced Criminal Defense Attorney Immediately

Time is critical. An attorney who understands both Michigan law and federal criminal procedure can intervene early — sometimes before charges are even filed — to protect your rights, challenge the legality of the search warrant, and begin building your defense. The difference between early legal intervention and delayed action can be the difference between a dismissal and a conviction.

### 3. Do Not Discuss Your Case with Anyone

Conversations with friends, family members, cellmates, or anyone other than your attorney are not privileged. Jail phone calls are recorded and monitored. Text messages can be subpoenaed. Anything you say to anyone other than your attorney can and will be used against you.

### 4. Do Not Attempt to Destroy Evidence

Destroying, deleting, or tampering with evidence after you become aware of an investigation is itself a federal crime under [18 U.S.C. § 1519](https://www.law.cornell.edu/uscode/text/18/1519) (obstruction) and can result in additional felony charges. Even if you believe the material was placed on your device without your knowledge, do not attempt to delete files or factory-reset your devices.

### 5. Begin Gathering Information for Your Attorney

Once you have retained counsel, begin collecting any information that may support your defense: receipts for device purchases, records of who else had access to your devices or network, evidence of malware or unauthorized access, and any communications with others who used the same computer or account.

Eye-level view of a courthouse entrance with steps and pillars

Common Defense Strategies

Every case is different, and an effective defense depends on the specific facts and evidence. However, experienced criminal defense attorneys regularly challenge these charges on several grounds.

Challenging the Search Warrant: The Fourth Amendment requires law enforcement to obtain a warrant supported by probable cause before searching your home or seizing your property. If the warrant was defective — for example, based on stale information, lacking particularity, or obtained through misrepresentations to the judge — the evidence may be suppressed under the exclusionary rule, potentially resulting in a dismissal of all charges.

Lack of Knowledge or Intent: The prosecution must prove you knowingly possessed or distributed the material. If files were downloaded by malware, placed on a shared device by someone else, stored in an obscure file path you never accessed, or delivered to your device through a peer-to-peer network without your active involvement, the knowledge element may not be satisfied.

Digital Forensics and Chain of Custody: Forensic examination of electronic devices can reveal critical information about when files were created, accessed, or modified — and by whom. An independent digital forensics expert can often identify evidence of third-party access, malware infection, or chain-of-custody failures by law enforcement.

Sentencing Mitigation: Even where the evidence is strong, an experienced attorney can present compelling mitigation evidence at sentencing — including mental health evaluations, lack of prior criminal history, employment and community ties, and demonstrated rehabilitation efforts — to argue for a sentence at or below the low end of the applicable range.

High angle view of legal documents and a pen on a desk

Why Choose The Cromer Law Group for Your Defense

At The Cromer Law Group PLLC, we understand that these charges carry uniquely devastating consequences. We also understand that being accused is not the same as being guilty. Our firm brings over 25 years of courtroom experience in both Michigan state courts and the federal courts for the Eastern and Western Districts of Michigan.

We handle these cases with the discretion, sensitivity, and aggressive advocacy they demand. From challenging search warrants and suppressing illegally obtained evidence to retaining top digital forensics experts and negotiating with federal prosecutors, we fight to protect our clients' rights and freedom at every stage.

If you or a loved one is facing state or federal charges involving child sexually abusive material, contact The Cromer Law Group PLLC immediately for a confidential consultation.

Call (248) 809-6790 or visit [thecromerlawgroup.com/contact](https://www.thecromerlawgroup.com/contact).

We defend clients throughout Michigan, including Detroit, Southfield, Oakland County, Wayne County, Macomb County, and in the U.S. District Courts for the Eastern and Western Districts of Michigan.

Disclaimer

This article is provided for general informational and educational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Every case is unique, and the information provided here may not apply to your specific situation. If you are facing criminal charges, consult with a qualified criminal defense attorney for advice tailored to your circumstances.

Related Practice Areas:

- [Criminal Defense — State and Federal](https://www.thecromerlawgroup.com/criminal-defense-lawyer-detroit-mi)

- [Civil Rights and §1983 Cases](https://www.thecromerlawgroup.com/civil-rights-1983-lawyer-detroit-mi)