Court Upholds Child Porn Downloads as Felony

DETROIT — The Michigan Court of Appeals has set a statewide precedent by unanimously ruling to uphold the child pornography charges against a former local township treasurer, for allegedly downloading commercial Internet photographs of child sex onto computer disks for his personal use.

The Muskegon County Prosecutor's Office position in the ongoing child-pornography case against former Egelston Township Treasurer Brian Hill contended that Hill is properly charged with “making” or “manufacturing” child pornography – a felony punishable by up to 20 years in prison. Hill’s attorney, Frank Stanley, had appealed the charge, arguing the language of the charge should have been changed to “possession” of child porn, a four-year felony that often turns into a one-year sentence.

The issue has never before been addressed by a Michigan higher court, marking the recent ruling as precedent for the state.

"It's groundbreaking law in the area of computers and pornography," prosecutor Tony Tague said. "This decision will provide a tool to prosecutors across the state, particularly in curbing and prosecuting child pornography. It will allow us to ensure that a punishment is given to child pornographers, because they now face up to 20 years as opposed to four."

Tague added that a defense appeal to the Michigan Supreme Court is likely, but until then, Hill's long-delayed trial is expected to be placed back on the schedule. Hill, who resigned as township treasurer in November, is charged with five counts of making or producing child sexually abusive material and five counts of using a computer to commit those crimes, also a 20-year felony.

In addition, Hill faces three counts of eavesdropping by installing a video device and snooping with a hidden camera on male teenage exchange students using the shower in his home.

In a written opinion signed by justices William Murphy, Brian Zahra and Janet Neff, the appeals court stated: "(W)hen one 'makes' a 'copy' or 'reproduction' of a picture or image showing children engaged in sexual acts, he or she has made child sexually abusive material, which, according to (Michigan law), is a felony punishable by up to 20 years’ imprisonment."

Copyright © 2024 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

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

TMZ: VMG's Mike Moz in Talks About 'Potential Collab' With Yeezy

Vixen Media Group’s Mike Moz told TMZ on Friday that the company has been discussing a potential collaboration with Kanye West’s brand Yeezy.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, debuted Thursday.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to stream content from animation studio 3DGspot.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

Show More