A child-pornography allegation can upend every part of your life even before charges are formally filed. A request for a warrant moves quickly, and Oakland County investigators routinely coordinate with Homeland Security and the Michigan State Police Internet Crimes Against Children (ICAC) Task Force. The moment you learn you are under investigation in Troy, or anywhere in Oakland County, retain experienced Troy child pornography attorneys who understand both the local courts and the complex technology behind these prosecutions. Both Nicole Blank Becker and Christopher Coyle oversaw the Sex Crimes and Child Abuse Units. Nicole was the Chief for the Macomb County Prosecutor’s Office before founding Blank Law, PC, and Chris was the Deputy Chief for the same in Wayne County. They bring that insider perspective to every defense strategy the firm develops.
Michigan’s Child-Pornography Statute
Michigan prosecutes possession, distribution, and production of child-sexually-abusive material (CSAM) under MCL 750.145c. The statute defines “child sexually abusive material” broadly to include any electronic image, video, or drawing depicting a minor in sexual activity or with a genital focus. Penalties escalate sharply when the material involves prepubescent children, sadomasochistic elements, or “aggravated” volumes (a single video or more than 100 images).
Potential Penalties and Sentencing Guidelines
Michigan’s felony-sentencing grid assigns offense classes and guideline ranges that judges consult when setting the minimum prison term. Possession is a class F felony, aggravated possession is a class B felony, and aggravated distribution is a class C felony. The guidelines score Prior Record Variables and Offense Variables, such as the age of depicted children (OV 10) and the quantity of images (OV 11).
In recent Oakland County cases, judges have departed upward from guideline recommendations when the material involved toddlers or extreme content, imposing minimum terms that exceed plea caps. The takeaway: guideline ranges are a starting point, not a ceiling, and skilled advocacy is essential at sentencing. If under investigation or charged, you need experienced Michigan child pornography defense attorney on your side from the very beginning.
Federal Exposure
Many Troy investigations begin with a CyberTip from an out-of-state server or cloud provider. That alone can give federal agents jurisdiction. Federal charges under 18 U.S.C. §2252A carry mandatory minimums of 5 years for distribution and 15 years for production. A coordinated defense team can sometimes keep a purely local case in state court, where there is more flexibility and discretion.
Local Procedure in Troy
Felony complaints are arraigned in the 52-4 District Court on Big Beaver Road. Probable-cause conferences and preliminary examinations occur here before any bind-over to the Oakland County 6th Circuit Court in Pontiac. Judges in both venues are accustomed to handling large volumes of digital-evidence motions, from chain-of-custody challenges to Franks hearings alleging false statements in search-warrant affidavits. Blank Law, PC’s familiarity with each judge’s preferences—from how they view Cellebrite extraction reports to the timing of suppression motions—can narrow or exclude key evidence early.
Michigan Model Criminal Jury Instructions
At trial, jurors receive standardized directions drafted by the Michigan Committee on Model Jury Instructions, which are required under MCR 2.512(D). The instruction for CSAM cases explains each element that the prosecutor must prove beyond a reasonable doubt: (1) knowing possession, distribution, or production; (2) the material contains a child; (3) knowledge or reckless disregard of the child’s age. It also reminds jurors that they must unanimously agree on the specific illegal act proved beyond a reasonable doubt. Crafting a defense strategy involves anticipating how these elements will be presented to the jury and shaping voir dire (jury questions) and expert testimony accordingly.
Building an Effective Defense
Challenging the Search
Most CSAM prosecutions hinge on digital evidence. Warrants often rely on IP-address geolocation, which places a modem somewhere in Troy, but does not identify who was using the keyboard at the time. Blank Law, PC’s first step is a line-by-line review of the affidavit: Was the MaxMind accuracy rate disclosed? Did the affiant omit exculpatory data such as multi-user networks or dynamic IP leases? A Franks motion can suppress all downstream evidence if misstatements are material.
Possession versus Access
Michigan law punishes “knowing possession” or “knowing access.” Temporary cache files or unsolicited downloads can appear on a hard drive without a user’s intent. Forensic examiners for the police sometimes treat thumbnail artifacts or peer-to-peer “incomplete” files as possession. The use of a defense expert can explain the difference between volitional storage and passive receipt.
Identity of the User
A household router logs multiple devices, such as smart TVs, phones, and laptops, used by guests. A strong defense distinguishes mere ownership of hardware from exclusive control. Router-level logging, MAC-address mapping, and timestamps are technical but persuasive tools the jury can understand when guided by clear expert testimony.
Intent to Distribute
Prosecutors commonly add distribution counts when peer-to-peer software shows “share” folders. Yet default settings in programs like BitTorrent may expose partial files without the user’s knowledge. Demonstrating default configurations can negate the mens rea element.
Constitutional Protections
The Fourth Amendment limits warrant scope; the First Amendment bars overbroad definitions of protected speech. Although child pornography is unprotected, overbroad warrants that scoop legitimate material violate the particularity requirement and can lead to suppression.
Collateral Consequences
Defending against these lasting penalties often requires coordinated civil, family, and criminal strategies—something Blank Law, PC integrates from day one.
Nicole Blank Becker and Christopher Coyle’s Prosecutorial Insight
As the former Chiefs of the Sex Crimes and Child-Abuse Units, Nicole & Chris directed countless digital-evidence investigations and trained detectives on proper forensic protocols. They advocated for enhanced sentencing in high-profile child sexual abuse material (CSAM) cases. That vantage point now benefits their clients: they know exactly how the prosecution evaluates evidence, when they are likely to overcharge, and where their case files tend to be vulnerable.
Mitigation and Sentencing Advocacy
Even when evidence is strong, outcome control is possible. Psychosexual evaluations by recognized clinicians, early acceptance into certified treatment programs, and presentations of neurodevelopmental factors such as non-violent autism-spectrum hyper-focus can move a guideline sentence from prison to probation with tether or allow for a downward departure.
Frequently Asked Questions
Will my devices be returned?
Once a forensic image is secured and any contraband copied for evidence, we file a motion under MCR 6.005 to compel the prompt return of lawful data so you can resume work and family obligations. However, several local police departments will keep all electronic devices until the case is completed. If there is CSAM on your electronics, you may never be able to recover them.
Can an old file I never opened still be charged?
Yes, thumbnail caches count as possession if the state proves you were aware of their existence. But knowledge is a factual question; unexplained residual files often yield reasonable doubt defenses.
Does a single image trigger the same penalties as a dozen?
Quantity affects both charges and guideline scoring. More than 100 images or any video elevates possession to aggravated possession, drastically increasing sentence exposure.
What if the file shows someone who might be 18?
Age can be litigated. Michigan permits expert testimony on a subject’s age, and the burden is on the state to prove the person is a minor beyond a reasonable doubt.
Why Choose Blank Law, PC for a Troy Case
Immediate Steps to Protect Yourself
Do not speak with detectives without counsel present. Do not attempt to delete or “clean” devices; tampering allegations add felony obstruction charges. Call Blank Law, PC, the moment you suspect an investigation. Rapid intervention often means the difference between a negotiated dismissal and life-altering incarceration.
Speak with a Troy Child-Pornography Defense Lawyer Today
Your defense begins the instant you choose the right advocate. Reach out to Blank Law, PC for a confidential consultation with Nicole Blank Becker and Christopher Coyle. We serve clients in Troy and throughout Oakland County, ready to deploy the experience your case demands. Contact us online here or call us at 248-266-4491 for a free confidential consultation.
This page is provided as general information and is not a substitute for individualized legal advice. Contact Blank Law, PC to discuss the specific facts of your situation.