Legal Question in Criminal Law in Michigan

My boyfriend and I are both 16 and recently his laptop was confiscated for a reason unrelated to this situation. But the laptop happened to have videos of us having intercourse and engaging in sexual acts. It was all consensual, and the videos stayed only on his laptop, they were not distributed. What exactly would he face though, for possessing what is still technically child pornography, even though it's of ourselves? Would I face any charges for the sole reason that I participated in making the video? I'm more worried, though, about what I would face for the actual act, because he was around a month short of 16 when these were made, which is below the age of consent in Michigan. I was 16 at the time. What consequences would I face for statutory rape, even though he was only a month short and it was consensual? And this was all confiscated for something irrelevant to this situation, but the police are bound to find the videos on there, and when they do, what immediate action will the most likely take from there? Find me and show up at my house, most likely?

I would also like to know what he might face for what he got in trouble for in the first place. He went to school with research he was doing on school shootings and bombings, and instructions on how to make bombs and weapons. He's become fascinated with that and he's wanted to write a book being in the mind of a school shooter. But no specific threats were found against anyone, this was all research and fiction. But the material was still found and was taken seriously, the police confiscated some of his stuff and he was psychologically evaluated. But he did not really make any threats against anyone, they confiscated some of his journals and writings which are pretty disturbing, it describes some of his inner feelings, but he even states in there that he wants to evoke thought and conversation, and no intent towards the school or anyone. They also have his chatlogs where he's described some pretty damning fantasies to me, but that's all they are and that's what he stated them as, fantasies. But they're still investigating. What does he face for all of that?


Asked on 11/07/11, 2:35 pm

1 Answer from Attorneys

William Morrison Action Defense Center

All of the events that you have described in your well written post have already happened - but none of the consequences. I'm encouraged that a 16 year old possesses such impressive writing skills given your lifestyle choices to date.

Presently, there are no affirmative steps you can take to resolve these issues. When, if ever, the police contact you, tell them,or anyone else, nothing. Then, wait for further notice.

If you are ever charged, contact a lawyer immediately.

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Answered on 11/08/11, 9:21 am


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