Few allegations carry the social stigma and life-altering consequences of child pornography, called “child sexually abusive material” (CSAM) under Michigan law. A single accusation can jeopardize your freedom, career, reputation, and family relationships. At Blank Law, PC, I, Nicole Blank Becker, bring the perspective of a former Chief of Macomb County’s Sex Crimes Unit to the defense side. Christopher Coyle also brings the same perspective of a former Deputy Chief of Wayne County’s Sex Crimes Unit to the defense side. Having directed CSAM investigations and prosecutions for years, our Birmingham child pornography defense attorneys know exactly how police, the Michigan Attorney General, Oakland County prosecutors, and federal task forces build these cases, and how to deconstruct them.
Michigan’s Legal Landscape for CSAM Offenses
Michigan prosecutes CSAM under MCL 750.145c. The statute punishes three main categories: producing (or causing a child to engage in sexually abusive activity), distributing or financing distribution, and possessing or accessing the material. Producing is a felony punishable by up to 20 years in prison, or 25 years if the images involve a pre-pubescent child, sadomasochistic abuse, bestiality, or more than 100 images or a video. Distribution carries a term of up to 7 years, or up to 15 years with the same aggravating factors. Possession is punishable by up to 4 years, or up to 10 years when certain aggravators apply. Our Michigan child pornography lawyers have ample experience defending agains CSAM offenses throughout the state.
Michigan updated its sentencing guidelines in Public Act 260 of 2024, effective April 2, 2025. Under the revised grid, producing CSAM is now a Class B person offense with a 20-year statutory maximum; aggravated producing remains Class B, but the statutory max increases to 25 years. Aggravated distribution is Class C (15-year max); standard distribution is Class D (7-year max). Possession is Class F (4-year max), and aggravated possession is elevated to Class B with a 10-year max. These guideline classes affect the scoring of offense variables and sentencing ranges in Oakland County Circuit Court.
Because search warrants often rely on data supplied by the National Center for Missing & Exploited Children (NCMEC) or peer-to-peer network monitoring, federal authorities may also step in. If the U.S. Attorney’s Office adopts the case, you could face mandatory minimums of five, fifteen, or even twenty-five years under 18 U.S.C. § 2252 and § 2252A, far eclipsing typical state sentences. Early intervention by a knowledgeable defense team can sometimes persuade prosecutors to keep the matter in state court, where sentences are generally lower and probationary options remain possible.
Where Birmingham Cases Are Fought
Birmingham misdemeanors begin in the 48th District Court in Bloomfield Hills, which also conducts the probable-cause examinations for all felonies originating in Birmingham, Bloomfield Hills, Keego Harbor, Orchard Lake, Sylvan Lake, and the Bloomfield and West Bloomfield Townships. Once a circuit-court information is filed, felonies proceed to the Oakland County Circuit Court in Pontiac. Maintaining respectful relationships with local judges, prosecutors, and probation agents in both venues is crucial for securing favorable bond conditions and positioning the case for a dismissal, plea negotiation, or trial.
How CSAM Investigations Unfold, and How We Counter Them
Most CSAM investigations start online. TikTok, Dropbox, Google, Meta, and other service providers are legally required to flag suspected child sexual abuse material (CSAM) uploads and report them to the National Center for Missing and Exploited Children (NCMEC). NCMEC then alerts the Michigan State Police Internet Crimes Against Children (ICAC) task force, which opens a local investigation. Detectives obtain the suspect’s IP address and subpoena the internet service provider for the subscriber’s name and physical address. Only then do they seek a search warrant for devices.
Our first task is to review the warrant affidavit line by line to identify missing information, stale data, or conclusory assertions that could invalidate probable cause. If the IP address was mistranslated, or if roommates, tenants, or unsecured Wi-Fi networks had accessed that router, we file a Franks motion to suppress all seized evidence.
Digital Forensics: The Devil, or Your Defense, in the Metadata
Digital evidence is overwhelmingly technical. A single thumbnail in a browser cache can trigger a possession charge, even when the file was never opened. We partner with credentialed computer-forensics experts to:
When appropriate, we craft a “lack of knowledge” or “remote access” defense, highlighting the possibility that malware, remote desktop software, or an unsecured Wi-Fi network allowed unknown actors to use your IP address.
Constitutional Defenses and Motion Practice
Fourth-Amendment challenges to overbroad warrants, lack of probable cause, or stale information remain potent weapons. Fifth- and Sixth-Amendment issues, Miranda violations, coercive interrogation, or delayed access to counsel can suppress incriminating statements. We also attack chain-of-custody gaps, incomplete forensic imaging, and the prosecution’s reliance on pre-trial expert summaries rather than complete lab reports.
Leveraging Blank Law, PC’s Prosecutorial Insight
During Nicole and Chris’s years as prosecutors, we trained detectives on warrant drafting, oversaw hundreds of CSAM searches, and tried these cases before juries. That background lets us anticipate the State’s next move, from how it will score aggravators to which expert it will call. It also allows us to present your side with authority. All of which translates into better results, whether that means a reduced plea, a HYTA diversion for a youthful defendant, or a complete dismissal.
Sentencing and Mitigation Strategies
If a plea or conviction occurs, Michigan’s indeterminate sentencing grants judges the flexibility within the guideline range. We prepare a meticulous mitigation package that can include:
Producing compelling mitigation can nudge a judge toward the lower end of the grid, secure probation with jail alternatives, or avoid hefty fines.
Sex Offender Registration and Collateral Consequences
A CSAM conviction, state or federal, almost always requires registration under Michigan’s Sex Offender Registry Act (SORA). Depending on the final plea and offense variables, you may face 15-year, 25-year, or lifetime registration, quarterly in-person address verification, travel restrictions, and continuous GPS monitoring if paroled. We explore every avenue to minimize tier classification or, when possible, avoid registration entirely, especially for first-time possession charges involving older defendants and no intent to distribute.
Federal-State “Double Jeopardy” Concerns
Although federal and state courts can theoretically prosecute the same conduct, the U.S. Department of Justice generally defers to states unless aggravating factors, such as interstate trafficking or massive collections, make the case appropriate for federal court. Our goal is to demonstrate that state prosecution adequately addresses the alleged conduct, thereby keeping the matter in Oakland County, where sentencing is less severe.
Civil, Professional, and Immigration Fallout
A CSAM investigation often triggers parallel issues, including CPS petitions, professional license suspensions, firearm possession bans, and, for non-citizens, ICE detainers. We coordinate with specialized counsel to safeguard your parental rights and immigration status while we defend the criminal case.
Frequently Asked Questions, Answered
Will the public know I was charged? Arrest records and charging documents are public, but police reports are not. If the public requests police reports, several precautions can be taken to prevent the release of your discovery containing sensitive images.
Can the police view every file on my phone? Only within the scope of a warrant describing the suspected images or broad “any digital storage device” language. Overbreadth arguments can suppress unrelated material.
Do I have to register as a sex offender if found not guilty? No. Acquittals or dismissals do not trigger SORA.
Why Choose Blank Law, PC for a Birmingham CSAM Case
We combine prosecutorial insight, advanced digital forensics partnerships, and an unwavering commitment to client dignity and respect. From the moment you retain us, we:
Speak with Former Prosecutors Today
Every hour you wait gives law enforcement more time to build its narrative. If you are under investigation or have already been served with a search warrant in Birmingham, call Blank Law, PC immediately for a confidential case assessment. Early, strategic intervention may make the difference between prison and probation, or between charges filed and charges declined.
Your future, your family, and your freedom deserve nothing less than a defense grounded in experience, authority, and relentless advocacy. Let’s start building that defense today.