If the boyfriend keeps that image on his phone or computer he can be charged with possession of child pornography, regardless of whether or not he is younger than 18 years old.
This can carry maximum periods of incarceration from 1 to 20 years.
This is yet another example of a law that has difficulty keeping up with technology.
A typical sexting scenario is when a female takes a picture of herself partially or fully nude and sends it to a boy.
You might not think this would constitute a crime when it involves a person sending images of themselves, but there are countless scenarios where it can be prosecuted, and the offender could end up on the Michigan Sex Offender Registry.
Whether or not a photo meets this definition is decided on a case-by-case basis in Michigan, but generally all it takes is for any of the genitals to be showing and it is considered child pornography.
The teen who takes a sexual photo of himself or herself can be charged with manufacturing of child pornography, which is a felony that carries up to a 20 year prison sentence or a fine of up to 0,000, or both.
In order for the Michigan child pornography laws to apply to sexting, the sexual image must be of someone under the age of 18.
It is interesting to note that under Michigan law, 16 year-olds and 17 year-olds are old enough to legally consent to sex, yet are not legally old enough to simply send a semi or fully nude picture of themselves to someone.
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This Michigan law defines a computer as: “any connected, directly interoperable or interactive device, equipment, or facility that uses a computer program or other instructions to perform specific operations including logical, arithmetic, or memory functions with or on computer data or a computer program and that can store, retrieve, alter, or communicate the results of the operations to a person, computer program, computer, computer system, or computer network. Not only because of the prison sentences and fines that come along with a conviction for sexting, but also because of the requirement that they register as sex offenders on Michigan’s Sex Offender Registry.