If you buy yourself a candy bar, does that make you a candy distributor? Not really, more of a candy purchaser, right? What about if you pick up a free community newspaper? Should you now be considered a distributor of newspapers? Unlikely. And yet here in Michigan, people who are accused of downloading child pornography for themselves are sometimes charged with distribution of child pornography.

So who exactly are they distributing this illegal material to? Why, themselves, of course! The act of downloading something for your own personal use is apparently enough to earn you the label of ‘distributor.’ Even if the only person you ever distributed to was yourself! Sounds a little unbelievable? We thought so too, and yet it’s happening more and more often right here in Michigan!

Don’t the charges have to apply to what a person allegedly did?

An officer wouldn’t ticket you for speeding when you were in fact driving drunk. Nor would you be accused of burglary when what you had actually done was set fire to a building. Why? Because the charge has to fit the crime. You can’t be charged for things you aren’t alleged to have done. Of course the devil is in the details.

So why would a prosecutor charge someone with Distribution of Child Sexually Abusive Material, when what they’re actually accused of is possession of kiddie porn? After all, in order to distribute something, you have to share it with other people, don’t you? That’s the standard definition of “distribution” as the law defines it in MIchigan. And yet this very misapplication of charges has happened several times of late, right here in the Great Lakes State!

Possession and Distribution are very different, for a reason!

It may not seem like an important distinction to you, but to someone accused of Distribution when all they did was possess something, the difference is enormous! Possession of Child Sexually Abusive Material (child pornography) is a felony punishable by up to four years in prison. Distribution of Child Sexually Abusive Material on the other hand, while also a felony, is punishable by up to 20 years behind bars!

So as you can see, it’s a big difference, and to the person being charged it matters a lot! In some cases this happens because the prosecutor’s office feels that the charge of possession of CSAM (child sexually abusive material) simply isn’t enough punishment, and they tack on a distribution charge to amp up the penalties. But there have also been cases where the prosecutor wasn’t able to prove possession beyond a reasonable doubt, and so they tried to force the defendant to take a plea deal by threatening to bring distribution charges as well.

Don’t let the Prosecutor’s office railroad you with false charges!

Prosecutors in Michigan take child pornography cases extremely seriously, as they should. But sometimes, in their zeal to punish someone they think is guilty, they take the case too far. Or make empty threats in the hope of getting the outcome they want. Michigan law is very clear about prosecution and distribution are, but prosecutors have been known to push the envelope sometimes! Frankly, when prosecutors are really out to nail someone for kiddie porn, they refer the case to the feds. When a defendant is charged with child pornography in the federal court system, the possible penalties are far more extreme than in our Michigan court system.

This is where a highly skilled and experienced sex crime defense attorney comes in! At The Kronzek Firm, we defend clients who are under investigation, or are being prosecuted for sex crimes, including kiddie porn, every day! Because of the seriousness of this type of charge, you need an attorney who can devote considerable skill and experience to your defense. You need a Kronzek Firm attorney. Call us 24/7 at 866 766 5245 (866 7No Jail) and schedule a free initial consultation as soon as you are ready to hire an attorney to lead your fight.