Michigan Sexting Laws (2026 Guide)


Michigan has some of the strictest sexting laws in the United States. Unlike states that have created specific “teen sexting” statutes to handle minor-to-minor offenses with leniency, Michigan law generally classifies sexting involving minors under its serious child sexually abusive activity statutes. This means a teenager who sends a nude photo to a partner could technically face the same felony charges as an adult predator distributing child pornography.

The primary statutes governing these offenses are found in the Michigan Penal Code, specifically MCL 750.145c (Child Sexually Abusive Activity or Material) and MCL 750.145e (Non-Consensual Dissemination). Understanding these laws is critical for parents, teens, and adults alike.

Key Points

  • Specific Teen Sexting Law: No (falls under CSAM laws)
  • Age of Majority: 18 years old
  • Minor-to-Minor Sexting: Potential Felony Charges
  • Revenge Porn Law: Yes (MCL 750.145e)
  • Diversion Options: HYTA (Holmes Youthful Trainee Act) may apply
  • Sex Offender Registration: Required for many CSAM convictions

Penalties at a Glance

  • Possession of CSAM: Up to 4 years prison, $10,000 fine
  • Distributing CSAM: Up to 7 years prison, $50,000 fine
  • Revenge Porn (1st Offense): 93 days jail, $500 fine
  • Revenge Porn (2nd Offense): 1 year jail, $1,000 fine

Table of Contents

Michigan Teen Sexting Laws (The Danger Zone)

Critical Warning: Michigan does not have a “Romeo and Juliet” exception specifically for sexting. While some states allow teenagers close in age to exchange images with reduced or no penalties, Michigan prosecutors can charge these acts under the state’s child sexually abusive material (CSAM) laws.

This means that:

  • A 17-year-old sending a nude selfie to their 17-year-old partner is technically “producing” and “distributing” child sexually abusive material.
  • Receiving that image and keeping it on a phone constitutes “possession” of child sexually abusive material.
  • Sharing that image with friends (forwarding a sext) constitutes “disseminating” child sexually abusive material.

While prosecutors often use discretion in these cases, the law allows for severe felony charges regardless of the consensual nature of the relationship.

Child Sexually Abusive Material (MCL 750.145c)

The core 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 Counts as “Sexually Abusive Material”?

Under Michigan law, this includes any visual representation (photo, video, digital image) of a “child” (person under 18) engaging in “child sexually abusive activity.”

This “activity” includes:

  • Sexual intercourse (actual or simulated)
  • Masturbation
  • Passive sexual involvement
  • Lewd exhibition of the genitals or pubic area

A nude selfie, even if not depicting a specific sexual act, typically falls under “lewd exhibition,” making it illegal material.

Production and Distribution

MCL 750.145c(2) 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. This section can apply to one teen asking another for a nude photo.

Possession

MCL 750.145c(4) makes it a felony to knowingly possess any child sexually abusive material. This applies even if the recipient did not ask for the photo but kept it on their device.

Penalties for Sexting Charges

Because sexting is often prosecuted as a CSAM offense, the penalties are extremely severe felonies, not misdemeanors.

Possession (MCL 750.145c(4))

  • Classification: Felony
  • Prison: Up to 4 years
  • Fine: Up to $10,000

Distribution / Dissemination (MCL 750.145c(3))

This applies to sending a sext to another person.

  • Classification: Felony
  • Prison: Up to 7 years
  • Fine: Up to $50,000

Production / Inducement (MCL 750.145c(2))

This applies to creating the image or asking someone else to create it.

  • Classification: Felony
  • Prison: Up to 20 years
  • Fine: Up to $100,000

Use of Internet/Computer (MCL 750.145d)

If the internet or a computer (including a smartphone) is used to commit these crimes, additional charges under MCL 750.145d may apply, carrying concurrent prison sentences.

Revenge Porn Laws (MCL 750.145e)

Michigan addresses “revenge porn”—the non-consensual sharing of intimate images—under MCL 750.145e. This law applies to images of adults and minors alike, though images of minors will almost always trigger the harsher CSAM laws discussed above.

A person is guilty of this crime if they intentionally disseminate sexually explicit visual material of another person under the following conditions:

  1. The person disseminates the material with the intent to threaten, coerce, or intimidate the depicted person.
  2. The material was obtained under circumstances where the depicted person had a reasonable expectation of privacy.
  3. The depicted person did not consent to the dissemination.

Penalties for Revenge Porn

  • First Offense: Misdemeanor, up to 93 days in jail and/or $500 fine.
  • Second or Subsequent Offense: Misdemeanor, up to 1 year in jail and/or $1,000 fine.

Note: If the images are of a minor, prosecutors will likely bypass this statute and charge the defendant with distribution of child sexually abusive material, which is a felony carrying up to 7 years in prison.

Defenses and Diversion Programs

Given the severity of Michigan’s laws, defense strategies often focus on mitigating the charges or seeking diversion programs that avoid a permanent criminal record.

Common Defenses

  • Lack of Knowledge: The defendant did not know they possessed the material (e.g., auto-downloaded images they never viewed).
  • Unsolicited Receipt: The defendant received an unsolicited image and deleted it immediately or reported it. (Note: This is a practical defense; simply keeping it “for a while” can still be possession).
  • Identity Issues: Proving the defendant was not the person who sent the message or owned the device.

Holmes Youthful Trainee Act (HYTA)

For young adults (ages 17 to 26), Michigan offers a crucial diversion program known as the Holmes Youthful Trainee Act (HYTA), found at MCL 762.11.

How HYTA Works:

  • The defendant pleads guilty to the offense.
  • The judge places the defendant on probation/trainee status without entering a conviction.
  • If the defendant successfully completes probation (which may include counseling, community service, and no further trouble), the charges are dismissed.
  • Result: No criminal conviction appears on the public record.

Eligibility for Sexting Cases:
HYTA is available for many felonies and misdemeanors, but it is discretionary. Judges and prosecutors must agree to grant it. In sexting cases involving minors, HYTA can be the difference between a clean record and a lifetime status as a felon and sex offender.

Long-Term Consequences

The impact of a conviction under Michigan’s CSAM laws extends far beyond jail time.

Sex Offender Registry (SORA)

Convictions under MCL 750.145c generally require registration on the Michigan Sex Offender Registry (SORA). This is a public database that tracks offenders for 15 years, 25 years, or life, depending on the offense tier.

  • Tier I: 15 years registration.
  • Tier II: 25 years registration.
  • Tier III: Lifetime registration.

Even for juveniles adjudicated in juvenile court, registration may be required depending on the specific offense and the court’s order, although recent legal challenges have complicated SORA’s application to juveniles.

Additional Consequences

  • Educational Impact: expulsion from school, loss of scholarships, denial of college admission.
  • Employment: Difficulty finding jobs, especially in healthcare, education, or government.
  • Housing: Many landlords refuse to rent to registered sex offenders.

Frequently Asked Questions

Is there a “Romeo and Juliet” law for sexting in Michigan?

Not explicitly for sexting. While Michigan has “Romeo and Juliet” provisions for physical sexual contact between close-in-age peers (MCL 750.520d), these do not automatically apply to the production or distribution of child sexually abusive material (sexting). Prosecutors have discretion, but the law technically prohibits the act regardless of age proximity.

Can parents be liable if their child sends sexts?

Generally, parents are not criminally liable for their child’s independent criminal acts. However, parents could face civil liability if they knew about the behavior and failed to act, resulting in harm to another child. Additionally, parents who confiscate a phone and find CSAM must not send it to others; they should turn it over to law enforcement.

What if I am 18 and my girlfriend is 17?

This is legally dangerous. In Michigan, you are an adult. Possessing a nude photo of a 17-year-old is a felony (Possession of CSAM), punishable by up to 4 years in prison. The fact that she is your girlfriend and consented to send it is not a legal defense to the charge.

If I delete the photo, am I safe?

Deleting the photo removes the evidence of possession, but it does not undo the crime if it has already occurred. However, promptly deleting an unsolicited image is your best practical defense. If police investigate, forensic experts can often recover deleted images.

Does Michigan treat “deepfake” or AI sexting the same way?

Michigan law is evolving. While the core CSAM statutes require a depiction of a “child,” recent updates and federal laws are increasingly covering AI-generated images that depict real minors (using their likeness). Sending deepfake pornography of a non-consenting person can also fall under harassment or revenge porn statutes.

Can a school search my phone for sexts?

Schools generally need “reasonable suspicion” that a school rule or law has been violated to search a student’s phone. However, if they find evidence of sexting, they are often mandatory reporters and must contact law enforcement and Child Protective Services (CPS).

What to Do If Charged

If you or your child is facing an investigation or charges related to sexting:

1. Do Not Speak to Police Without an Attorney

Police may try to “clear things up” or promise leniency for cooperation. Do not answer questions. Politely state, “I want to remain silent and I want a lawyer.”

2. Do Not Destroy Evidence

While it is illegal to possess the images, deleting them after an investigation has started can lead to additional charges for tampering with evidence. Consult an attorney immediately on how to handle the device.

3. Contact a Specialist Defense Attorney

You need a lawyer experienced in Michigan sex crimes and juvenile law. They can advocate for diversion programs like HYTA or juvenile adjudication to avoid a permanent record.

4. Stay Off Social Media

Do not discuss the case, the images, or the people involved on any platform. Anything you say can be used against you.

Resources

Legal & Support

Safety & Education

  • NetSmartz (Online safety education)
  • OK2SAY (Michigan student safety program)

This article provides general legal information about Michigan sexting laws as of February 2026. Laws change frequently, and this information should not be considered legal advice. If you are facing charges or need legal guidance, consult with a qualified Michigan criminal defense attorney.

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