Michigan Sexting Laws: Legal Consequences and Penalties

Michigan has no dedicated sexting law, so prosecutors charge minors who send or receive explicit images under the child sexually abusive material statute, MCL 750.145c. Even consensual teen-to-teen sexting can result in felony charges under that law.

Overview of Michigan Sexting Laws

Michigan does not have a standalone sexting statute. Instead, prosecutors charge sexting offenses under the state's existing child sexually abusive material (CSAM) laws when the images involve anyone under 18. This means that teenagers who send, receive, or share nude images can face the same felony charges as adults convicted of child exploitation offenses.

For adults exchanging consensual images with other adults, sexting is generally legal. However, Michigan's revenge porn statute (MCL 750.145e) criminalizes the non-consensual sharing of intimate images. A separate law enacted in 2025 also prohibits AI-generated deepfake pornography.

This page covers the statutes that apply to sexting in Michigan, the penalties for each offense, available defenses, diversion programs, and long-term consequences of a conviction.

Michigan Teen Sexting and CSAM Laws

Michigan does not have a "Romeo and Juliet" exception for sexting, and Michigan has no close-in-age exception for physical sexual contact offenses either: MCL 750.520d (criminal sexual conduct in the third degree) sets a strict age floor for a victim who is 13 to 15 years old, with no exception based on the actor's age or the age gap between the parties.

This means that:

• A 17-year-old who takes and sends a nude selfie to a partner is technically "producing" and "distributing" child sexually abusive material.
• The partner who receives and keeps the image on a phone commits "possession" of child sexually abusive material.
• Anyone who forwards that image to a third party commits "dissemination" of child sexually abusive material.

Prosecutors often exercise discretion in teen sexting cases. Many opt for juvenile court proceedings or diversion programs rather than pursuing maximum felony charges. But the law on the books allows for severe penalties regardless of whether both parties consented.

Child Sexually Abusive Material: MCL 750.145c

The primary 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 Qualifies as "Sexually Abusive Material"

Under Michigan law, "child sexually abusive material" includes any visual depiction (photograph, video, or digital image) of a person under 18 engaged in "child sexually abusive activity." That activity includes:

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

A nude selfie, even one that does not depict a specific sexual act, typically falls under "lewd exhibition." This broad definition is what makes teen sexting legally dangerous in Michigan.

Production and Inducement: MCL 750.145c(2)

This subsection 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. In a sexting context, this can apply to a teenager who asks another teen for a nude photo.

Distribution and Dissemination: MCL 750.145c(3)

Sending a sexually explicit image of a minor to another person, or posting it online, violates this subsection. This applies whether the sender created the image or received it from someone else.

Possession: MCL 750.145c(4)

Knowingly possessing any child sexually abusive material is a felony. This applies even if the recipient never asked for the photo but chose to keep it on a device rather than deleting it.

Penalties for Sexting Charges in Michigan

Because Michigan prosecutes sexting under its CSAM laws, the penalties are felony-level offenses with significant prison time.

Enhanced Penalties

Michigan law provides for harsher sentences in certain circumstances. Under MCL 750.145c, if the offense involves a prepubescent child, sadomasochistic abuse, bestiality, or a video or more than 100 images, the penalties increase:

• Production: Up to 25 years in prison and a fine of up to $125,000.
• Distribution: Up to 15 years in prison and a fine of up to $75,000.

Additional Charges: Use of a Computer (MCL 750.145d)

If the offense involves the use of a computer, smartphone, or the internet, prosecutors can bring additional charges under MCL 750.145d. A court may order that a sentence imposed under this section be served consecutively to the sentence for the underlying offense, which increases the total time served.

Juvenile Court vs. Adult Court

How a teen sexting case is handled depends largely on the minor's age and the prosecutor's discretion.

Juvenile Court Proceedings

Minors under 18 are generally handled in juvenile court. Michigan's Raise the Age law, effective October 1, 2021, gives the family division exclusive original jurisdiction over a juvenile "under 18 years of age" who is accused of an act that would be a crime if committed by an adult (MCL 712A.2). In juvenile court, the minor receives an "adjudication" rather than a criminal conviction. A juvenile court judge has broader discretion in sentencing (called a "disposition") and may order:

• Counseling or educational programming
• Probation with a juvenile officer
• Community service
• Restrictions on phone or internet use

A juvenile adjudication is not automatically sealed when the minor turns 18. Clearing the record requires filing an application to set aside the adjudication under MCL 712A.18e, which cannot be filed until one year after the court's jurisdiction ends, requires submitting fingerprints to the Michigan State Police, and gives the prosecuting attorney and the attorney general an opportunity to contest it. The statute treats a set-aside as a privilege that is conditional rather than a right, and limits a person to one felony-level adjudication and two misdemeanor-level adjudications.

Transfer to Adult Court

Michigan law allows a judge to waive jurisdiction and send a juvenile who is 14 years of age or older to adult court for an act that would be a felony if committed by an adult. Because the family division's jurisdiction now runs to age 18, that waiver route covers juveniles aged 14 through 17. If a juvenile sexting case is transferred to adult court, the minor faces adult penalties, including prison time and sex offender registration.

A 17-year-old is no longer charged as an adult automatically. Before October 1, 2021, Michigan treated 17-year-olds as adults, but the Raise the Age law moved them into the family division alongside younger juveniles, so a 17-year-old now reaches adult court only through waiver or designation.

Revenge Porn Laws: MCL 750.145e and MCL 750.145f

Michigan criminalizes the non-consensual sharing of intimate images under MCL 750.145e. This statute applies primarily to images of adults (18 and older), since images of minors trigger the more severe CSAM charges discussed above.

A person violates this law by intentionally disseminating sexually explicit visual material when all of the following conditions are met:

• The depicted person is at least 18 years old.
• The depicted person is identifiable from the material or accompanying information.
• The material was obtained under circumstances where the depicted person had a reasonable expectation of privacy.
• The depicted person did not consent to the dissemination.
• The disseminator acted with the intent to threaten, coerce, or intimidate.

Revenge Porn Penalties

MCL 750.145e sets out the prohibition itself. The penalties below are set separately by MCL 750.145f.

If the images depict a minor, prosecutors will typically bypass this statute and file felony charges under MCL 750.145c instead.

Federal Law: The TAKE IT DOWN Act

Federal law also reaches this conduct, alongside Michigan's revenge porn and deepfake statutes. The TAKE IT DOWN Act (Public Law 119-12, signed May 19, 2025) added 47 U.S.C. § 223(h), making it a federal crime to publish an intimate image of an identifiable person without consent, whether the image is authentic or an AI-generated digital forgery. Publishing an authentic image carries up to 2 years in prison, or 3 years if the victim is a minor. Threatening to publish a digital forgery carries a lower penalty, up to 18 months, or 30 months if the victim is a minor, but threatening to publish an authentic image is punished the same as actually publishing it. Covered platforms must also remove a reported image within 48 hours of a valid request, a duty that became enforceable in 2026. Separately, 15 U.S.C. § 6851 (enacted 2022) allows victims to sue for civil damages of at least $150,000 in liquidated damages or actual damages plus attorney fees; whether it reaches AI-generated forgeries remains legally unsettled.

AI Deepfake Pornography: Protection from Intimate Deep Fakes Act (2025)

On August 26, 2025, Governor Gretchen Whitmer signed House Bills 4047 and 4048 into law, creating the Protection from Intimate Deep Fakes Act. This law took effect immediately upon signing.

Under this law, it is illegal to create or distribute an AI-generated deepfake that:

• Shows a person's intimate parts or depicts a sexual act
• Makes the person identifiable by face, likeness, or other personal information
• Was created or shared without the depicted person's consent

Deepfake Penalties

• First offense: Misdemeanor, up to 1 year in jail and/or $3,000 fine.
• Aggravated offense: Felony, up to 3 years in prison and/or $5,000 fine. Aggravating factors include intent to profit, posting online, causing financial loss to the victim, or using the material to harass or extort.

Victims can also pursue civil lawsuits for economic damages, emotional distress, and injunctive relief.

Defenses to Sexting Charges

Given the severity of Michigan's CSAM laws, defense strategies often focus on reducing the charges or qualifying for a diversion program.

Common Legal Defenses

• Lack of knowledge: The defendant did not know they possessed the material. For example, an image that was auto-downloaded to a device without the user ever viewing it.
• Unsolicited receipt and prompt deletion: The defendant received an image they did not request and deleted it immediately or reported it to law enforcement.
• Identity and device ownership: The defendant was not the person who sent the message or did not have exclusive control of the device.
• Age of the depicted person: If the prosecution cannot prove the person in the image was under 18, the CSAM charges may not apply.

Holmes Youthful Trainee Act (HYTA)

For defendants whose offense was committed on or after their 18th birthday but before their 26th birthday, Michigan offers a critical diversion program under the Holmes Youthful Trainee Act (MCL 762.11). (An earlier version of the law covered ages 17 to 24; current law, in effect since October 1, 2021, covers 18 to 26.)

How HYTA works:

1. The defendant pleads guilty to the offense.
2. The judge assigns "youthful trainee" status without entering a formal conviction.
3. The defendant serves a period of probation, which may include counseling, community service, and compliance with court-ordered conditions.
4. If probation is completed successfully, the charges are dismissed and no criminal conviction appears on the public record.

HYTA eligibility requirements:

• The offense must have been committed on or after the defendant's 18th birthday but before their 26th birthday.
• The defendant must not have a prior conviction or adjudication for a listed offense requiring sex offender registration (MCL 762.11(4)(a)).
• Because a charge under MCL 750.145c is itself a listed offense under the Sex Offenders Registration Act, MCL 762.11(4)(b) bars youthful trainee status unless the defendant proves by clear and convincing evidence that he or she is not likely to engage in further listed offenses. In a sexting case this is usually the provision that decides whether HYTA is available.
• Assignment is discretionary with the court, not automatic. The prosecuting attorney's consent is required only where the offense was committed on or after the defendant's 21st birthday, so a defendant who was 18, 19, or 20 at the time of the offense does not need the prosecutor to agree.

In teen sexting cases, HYTA can be the difference between a clean record and a lifetime felony conviction with sex offender registration.

Long-Term Consequences of a Conviction

A conviction under Michigan's CSAM laws carries consequences that extend well beyond prison time and fines.

Sex Offender Registration (SORA)

Convictions under MCL 750.145c generally require registration on the Michigan Sex Offender Registry. Registration periods depend on the offense tier:

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

Important note on SORA reform: In March 2025, a federal district court ruled significant portions of Michigan's Sex Offender Registration Act unconstitutional in the Does v. Whitmer (Does III) case. The court found that retroactive registration changes, vague reporting requirements, and lack of due process for out-of-state registrants violated constitutional rights. The state appealed, and on June 20, 2025 the Sixth Circuit granted the state's motion to stay the district court's judgment and ordered the case argued on an expedited basis (Nos. 25-1413 and 25-1414). Argument was held on July 21, 2026 and the appeal is still pending. Because the judgment is stayed, the district court's ruling is not in effect while the appeal is decided, so anyone with a registration obligation should assume current SORA requirements still apply and confirm them with counsel or the registering agency.

Other Consequences

• Education: Expulsion from school, loss of scholarships, and denial of college admission.
• Employment: Significant difficulty finding jobs, particularly in healthcare, education, childcare, and government.
• Housing: Many landlords refuse to rent to registered sex offenders.
• Professional licensing: Many professional licenses may be denied or revoked.

What to Do If Investigated or Charged

If you or your child faces an investigation or charges related to sexting in Michigan:

1. Do not speak to police without an attorney. You have the right to remain silent. Politely state that you want a lawyer before answering any questions.
2. Do not destroy evidence. Deleting images after an investigation has begun can result in additional charges for evidence tampering.
3. Contact a criminal defense attorney immediately. An experienced attorney can evaluate HYTA eligibility, negotiate with prosecutors, and protect your rights throughout the process.
4. Contact the State Bar of Michigan Lawyer Referral Service if you need help finding an attorney.

More Michigan Laws

• Michigan Deepfake Laws
• Michigan Expungement Laws