In the wake of the Michigan child pornography charges filed against Evan Emory, scholars are reviewing what the standards should be concerning the sharing of digital images, often not tied to any sexual malice yet charged as a sex crime with significant and often life long consequences.
Evan Emory is facing charges of distributing child sexually abusive materials after he edited a video to make it look like elementary school children were listening to him sing a sexually graphic song. He faces 20 years in prison and placement of his name on the Michigan sex crimes registry.
As stated in a recent article from the NewYork Times the Evan Emory case has drawn strong reaction both from Muskegon residents and around the world in such far reaching places as Ireland and Australia, noting that the case “underscores the still evolving nature of the law when it comes to defining child pornography in the age of Facebook, YouTube and sexting.”
Unlike adult pornography, child pornography is not provided the same First Amendment protections because the laws presume a child is being harmed. But, the reality is that “now we have situations where people are being arrested and charged” in connection with digitally altered images, where no child was abused.
Even a Muskegon County Sheriff noted, “the internet is a whole new arena that we’re learning to deal with in law enforcement…actual legislation is having a hard time keeping up.”
In the meantime, as the Evan Emory case awaits resolution and citizens wait for legislation to “catch up,” many Michigan teens and adults still face prosecution for distribution or manufacturing child pornography where the actions in question were never intended for this purpose.
For more information, or if you or a loved one is facing Michigan child pornography charges, contact the experienced Michigan sex crimes defense attorneys at Grabel & Associates for a confidential consultation.