Threatening to Share Intimate Images Is a Felony in Michigan — Even If You Never Follow Through
Michigan law imposes serious consequences on anyone who threatens to release private images and gives victims tools to protect themselves. Two Michigan statutes — MCL 750.213b and MCL 750.145e — along with Michigan’s general extortion law (MCL 750.213) — create a framework of overlapping criminal liability that every Michigan resident in Grand Rapids, Lansing, Kalamazoo, Mt. Pleasant, and across the state should understand.
The Threat Alone Is a Felony: MCL 750.213b
Michigan law under MCL 750.213b makes it a felony to intentionally and maliciously threaten to release, exhibit, create, or distribute sexually explicit visual material of another person. This is not a gray area: the actual release of the material is not required for criminal liability to attach. The threat itself — a text message, an email, a verbal statement — is enough to constitute a felony offense under Michigan law. Residents of Oakland County, Macomb County, Livingston County, Lenawee County, Ionia County, Ottawa County, Gratiot County, and Jackson County are all subject to prosecution under this statute.
Actually Sharing the Images Is a Misdemeanor: MCL 750.145e
Michigan’s “revenge porn” statute, MCL 750.145e, criminalizes sharing sexually explicit images of an identifiable adult without consent. The law applies when someone shares images that the parties intended to keep private and uses them to threaten compliance. A violation of MCL 750.145e is a misdemeanor. This creates a legally counterintuitive situation worth noting: under current Michigan law, threatening to release the images (a felony) carries greater criminal exposure than actually releasing them (a misdemeanor). Anyone in southeast Michigan, southwest Michigan, Central Michigan, or the Thumb region facing charges under this statute should consult a criminal defense attorney immediately.
When a Threat Becomes Extortion: MCL 750.213
Michigan’s general extortion statute, MCL 750.213, may also apply when someone threatens to release intimate images to force a victim to act against their will — even if the person does not demand money. Extortion is a felony under Michigan law. Prosecutors in counties like Ingham, Kent, Kalamazoo, and Washtenaw have broad discretion to charge under MCL 750.213 when the facts support it, even alongside charges under MCL 750.213b.
If You Have Been Accused — or If You Are a Victim
These charges carry serious, life-altering consequences. A felony conviction in Michigan can result in prison time, a permanent criminal record, and lasting damage to your reputation, career, and family life. Call an experienced criminal defense attorney immediately if police or prosecutors say you violated MCL 750.213b, MCL 750.145e, or MCL 750.213.
If you are a victim, understanding your rights under Michigan law is the first step toward protecting yourself and pursuing justice.
Call The Kronzek Firm — Statewide Michigan Criminal Defense
The criminal defense attorneys at The Kronzek Firm represent clients across Michigan — from Grand Rapids and Kalamazoo to Lansing, Mt. Pleasant, Oakland County, Macomb County, Livingston County, Jackson County, Lenawee County, Ottawa County, Ionia County, Gratiot County, and throughout southeast Michigan, southwest Michigan, Central Michigan, and the Thumb. We handle the full range of Michigan criminal charges, including those involving intimate image threats and extortion.
Call us 24/7 at 517-886-1000.
This blog is intended for general informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. Please consult a licensed Michigan criminal defense attorney regarding your specific situation.
