This should make for some interesting law review papers: Mich. court: Downloading porn is making it
MUSKEGON, MI, United States (UPI) — A Michigan appeals court has ruled that downloading child pornography from the Internet can be charged as ‘making’ the material.
Making or manufacturing child pornography is a felony in Michigan with a potential sentence of 20 years in prison. The court upheld the position of the Muskegon County prosecutor in the case of former Egelston Township Treasurer Brian Hill, the Muskegon Chronicle reported.
Hill is awaiting trial. The court ruling has put his case on the docket, although the issue is likely to be decided by the state Supreme Court.
His lawyer argued that downloading pornography should be charged as possession, which carries a maximum penalty of four years.
‘It’s groundbreaking law in the area of computers and pornography,’ said prosecutor Tony Tague. ‘This decision will provide a tool to prosecutors across the state, particularly in curbing and prosecuting child pornography.’