Michigan · statute · 33 of 1978, Mich. Comp. Laws · 23 active provisions
As used in this part: (a) "Display" means to put or set out to view or to make visible. (b) "Disseminate" means to sell, lend, give, exhibit, show, or allow to examine or to offer or agree to do the same. (c) "Exhibit" means to do 1 or more of the following: (i) Present a performance. (ii) Sell, give, or offer to agree…
As used in this part: (a) "Nudity" means the lewd display of the human male or female genitals or pubic area. (b) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal. (c) "Erotic fondling" means touching a person's clothed or unclothed genitals, pubi…
As used in this part: (a) "Computer" means 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…
As used in this part: (a) "Harmful to minors" means sexually explicit matter that meets all of the following criteria: (i) Considered as a whole, it appeals to the prurient interest of minors as determined by contemporary local community standards. (ii) It is patently offensive to contemporary local community standards…
(1) A person is guilty of disseminating sexually explicit matter to a minor if that person does either of the following: (a) Knowingly disseminates to a minor sexually explicit visual or verbal material that is harmful to minors. (b) Knowingly exhibits to a minor a sexually explicit performance that is harmful to minor…
Section 5 does not apply to the dissemination of sexually explicit matter to a minor by any of the following: (a) A parent or guardian who disseminates sexually explicit matter to his or her child or ward unless the dissemination is for the sexual gratification of the parent or guardian. (b) A teacher or administrator…
(1) A person is guilty of displaying sexually explicit matter to a minor if that person possesses managerial responsibility for a business enterprise selling sexually explicit visual material that visually depicts sexual intercourse or sadomasochistic abuse and is harmful to minors, and that person does either of the f…
(1) A person is guilty of facilitative misrepresentation when that person knowingly makes a false representation that he or she is the parent or guardian of a minor, or that a minor is 18 years of age or older, with the intent to facilitate the dissemination to the minor of sexually explicit matter that is harmful to m…
A prosecuting attorney may commence an action in the circuit court against a person, other than a person described in section 6, to enjoin that person from disseminating to a minor sexually explicit matter that is harmful to minors.
(1) A person intending to disseminate to a minor matter that may be considered sexually explicit may request, from the prosecuting attorney of the county in which the dissemination is intended, an advisory opinion as to the legality of that dissemination. The request for an advisory opinion shall be in writing and shal…
The following provisions apply in an action commenced pursuant to section 9 or 10: (a) The prosecuting attorney shall bear the burden of proving, by clear and convincing evidence, that knowing dissemination of the specified matter to a minor would violate section 5. (b) Upon appropriate motion of the prosecuting attorn…
(1) Except as provided in this section, sections 9 to 11 shall not preclude or impair prosecution for violation of any law of this state. (2) If a declaratory judgment has been obtained pursuant to sections 10 and 11, or an application for an injunction pursuant to section 9 has been denied, on the ground that the know…
This part does not apply to any of the following: (a) A medium of communication to the extent regulated by the federal communications commission. (b) An internet service provider or computer network service provider that is not selling the sexually explicit matter being communicated but that provides the medium for com…
This act shall not take effect until June 1, 1978.
In light of section 51 of article IV of the state constitution of 1963, which directs that "The public health and general welfare of the people of the state are hereby declared to be matters of primary public concern. The legislature shall pass suitable laws for the protection and promotion of the public health.", and…
As used in this part: (a) "Computer" means 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…
(1) A person shall not knowingly disseminate to a minor an ultra-violent explicit video game that is harmful to minors. Except as provided in subsections (2) and (3), a person who violates this subsection is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $5,000.00. (2)…
Section 17 does not apply to the dissemination of an ultra-violent explicit video game to a minor by any of the following: (a) A parent or guardian who disseminates an ultra-violent explicit video game to his or her child or ward. (b) An immediate family member of the minor who disseminates an ultra-violent explicit vi…
(1) A person shall not knowingly make a false representation that he or she is the parent or guardian of a minor, or that a minor is 17 years of age or older, with the intent to facilitate the dissemination to the minor of an ultra-violent explicit video game that is harmful to minors. A person knowingly makes a false…
A person who possesses managerial responsibility for a business enterprise renting or selling ultra-violent explicit video games that are harmful to minors shall not knowingly permit a minor who is not accompanied by a parent or guardian to play or view the playing of an ultra-violent explicit video game that is harmfu…
(1) A person knowingly disseminates an ultra-violent explicit video game to a minor if the person knows both the nature of the video game and the status of the minor to whom the video game is disseminated. (2) A person knows the nature of the ultra-violent explicit video game if the person either is aware of its charac…
A conviction, sentence, or determination of responsibility for a violation of this part does not preclude a conviction, sentence, or determination of responsibility for a violation of any other law of this state arising from the same transaction.
(1) It is an affirmative defense to an alleged violation under this part that the person acted in good faith. Except as provided in subsection (2), good faith exists if at the time the alleged violation occurs all of the following conditions are satisfied: (a) The minor shows the person identification that appears to b…