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LegalEagle1, Criminal Lawyer
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Experience:  Practicing attorney licensed for over 23 years.
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If a 21 year old sends a sexually oriented text message to

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If a 21 year old sends a sexually oriented text message to a 17 year old in michigan is that illegal? No pictures were sent the age of consent in michigan is 18 and the 21 year old is not in any way a superior to the 17 year old (not a teacher not a boss etc, no position of power)
Hello and welcome to JustAnswer. I would like to assist you today. I am a criminal attorney licensed in Michigan.

The age of consent in Michigan is 16, not 18. You are fortunate that no pictures were sent because there both the state and federal statutes that address providing obscene or pornographic to minors. MCL §750.142 does prohibit furnishing obscene publications or criminal news to minors. I doubt that a text message would qualify as a publication, but courts are always making strange interpretations of statutes that were written prior to the internet and texting began.

You also want to be careful that your messages cannot be construed as soliciting or encouraging a minor (defined as person under 18) to send sexually explicit photos. While the age of consent in Michigan is 16. Producing or possessing sexually explicit photos/videos of a minor are still crimes. And they carry very harsh sentences.

For example it may be legal to have sex with a 17 year old, but if you take pictures or video record it the mandatory minimum penalty for production of child pornography is 15 years in prison if the federal government chooses to prosecute you.

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