Michigan Case Could Update Child Porn Penalties

EGELSTON TOWNSHIP, Mich. — A U.S. Circuit Court this week will begin preliminary hearings in an online child pornography case that could dramatically change punishments for downloading sexually explicit images of minors.

At issue is whether the act of burning downloaded images to a disc should be considered production of child porn, a crime that carries a much harsher penalty than the one for simple possession, even if the defendant never intended to distribute the images.

Former Township Treasurer Brian Lee Hill already has pleaded guilty to charges that he downloaded thousands of pictures of children in sexual acts and burned them onto discs.

He also pleaded guilty to secretly videotaping teenage foreign exchange students left in his care. Over the course of several years, Hill took enough footage of boys taking showers to fill 50 videotapes.

Police last November seized the videotapes and discs of downloaded images, which Hill had ontained from Russian websites, during a raid after receiving a tip.

Saving child porn images to a disc is a felony in Michigan, but has previously been a “tier-three” felony, meaning the defendant is considered a consumer of the images only. Convictions for such simple possession have typically carried a maximum penalty of four years in prison, and sentences often run less than one year.

But prosecutors in Hill’s case are arguing that the law needs to be updated for the Internet age. Specifically, they say that when Hill copied the images, he became a producer of child porn, which is considered a “tier-one” felony, making Hill eligible for sentencing of up to 20 years in prison for each production charge.

Distribution, a “tier-two” penalty, carries a maximum seven-year sentence.

Hill was charged with 16 counts ranging from abusive sexual activity to eavesdropping, including eight “tier-one” counts of producing child pornography in relation to the content he downloaded from the Internet.

A District Court judge agreed with the prosecution's request to charge Hill with the more serious felonies for production, but Hill’s lawyer has asked a Circuit Court judge to overrule that decision.

In his motion, defense attorney Frank Stanley asserted that burning the images onto a disc is merely a transference of data since Hill saved the images for his personal use only and was not involved in the original production.

The state’s prosecutor’s office, in its response, argued that Michigan law does not specifically state that an individual has to be the original maker of images to be charged with production, just that he or she must create images that previously did not exist. In other words, reproduction equals production in the eyes of the law.

Prosecutors also said they are exploring yet another possible avenue for charging Hill with production. Since he paid a monthly subscription fee to the illegal websites, they argued, he was in essence financing the production.

Preliminary hearings in the case begin scheduled for May 26, with trial scheduled to begin Aug. 23. Stanley has already said he will appeal the case to the Supreme Court, if necessary.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

TTS Opens UK Testing Location

Talent Testing Service (TTS) has opened a new U.K. location in Ware, Hertfordshire.

FSC: Age-Verification Laws Go Into Effect South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

FSC Responds to Supreme Court Decision on Texas AV Law

The Free Speech Coalition (FSC) has released a statement responding to last week's Supreme Court decision on FSC v. Paxton, the Texas age verification law.

Sex Work CEO Debuts Upgraded 'GPTease' AI Assistant

Sex Work CEO has introduced the new Canvas in-chat editing feature to its AI-powered, NSFW text generator, GPTease.

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Supreme Court Ruling Due Friday in FSC v. Paxton AV Case

The U.S. Supreme Court will rule on Friday in Free Speech Coalition v. Paxton, the adult industry trade association's challenge to Texas’ controversial age verification law, HB 1181.

Ofcom: More Porn Providers Commit to Age Assurance Measures

A number of adult content providers operating in the U.K. have confirmed that they plan to introduce age checks in compliance with the Online Safety Act by the July 25 deadline, according to U.K. media regulator Ofcom.

Aylo Says It Will Comply With UK Age Assurance Requirements

Tech and media company Aylo, which owns various adult properties including Pornhub, YouPorn and Redtube, plans to introduce age assurance methods in the United Kingdom that satisfy government rules under the Online Safety Act, the company has announced.

Kyrgyzstan Parliament Approves Measure Outlawing Internet Porn

The Supreme Council of Kyrgyzstan on Wednesday passed legislation outlawing online adult content in the country.

Show More