Child Abuse Charges – What Are The Possibilities in Michigan? (Pt. 2)

March 7, 2017 Abuse and Neglect Attorney
Michigan child abuse laws: there are many different possibilities.
Michigan child abuse laws: there are many different possibilities.


Thank you for joining us a second time to look at what child abuse charges in Michigan might include. In the previous article we looked at what the possibilities were for someone facing child abuse charges might be up against, as it isn’t a simple or single charge. There are numerous options, depending on what the situation was, what the allegations are, and what the prosecutor believes is the most applicable charge. Having looked at First, Second, Third and Fourth Degree Child abuse charges and what they entail, we are going to move on to some other common options.


Child Endangerment

In Michigan, Child Endangerment refers to any action or behavior that a person engages in which places a child in imminent danger of bodily injury, mental or physical impairment, or death. However, it is important to remember that this charge is usually used in conjunction with a drunk driving charge. In this case, it is called OWI Child Endangerment.


OWI Child Endangerment is a charge commonly used when someone drives drunk with one or more children in their car. Because driving drunk is dangerous and often results in severe injuries and even death, driving under the influence of alcohol with a child under the age of 16 in the car is considered to be a form of child endangerment. This charge is a misdemeanor the first time, with possible fines of up to $1,000 and up to a year in jail. The second offense is a felony, however, and can result in $5,000 in fines along with prison time.


Child Sexual Abuse

This charge is rather complicated, as it can refer to any number of different instances involving the sexual abuse of a child. Under Michigan law, the legal definition of sexual abuse of a child is any act of a sexual nature that involves an underage minor. This means anything from touching a child’s body for sexual gratification, sexual penetration, a single violent act or a long-standing sexual relationship that the minor consented to. Either way, any of these instances would count as child sexual abuse, and would be considered criminal acts in the state of Michigan.


Child Sexual Abuse is often charged not as child abuse, but rather as a sex crime. Under Michigan law, there are many different sexual crimes against children that are prosecuted based on the specific situation in which the crime took place. For example, the age of the victim at the time of the alleged sexual act will play a role in determining which charges are brought. Other factors include whether or not force was used to subdue or threaten the victim, whether the victim was under the authority of the accused (e.g. teacher or coach), and whether or not the victim was a blood relation of the accused.


Child Sexually Abusive Activity or Material

Child Sexually Abusive Material refers to child pornography, sometimes called ‘kiddie porn.’ Although the name of the charge refers to child abuse, the production, distribution and possession of child pornography is not charged as child abuse. Instead, it is charged as a sex crime and has very serious charges. For this reason, anyone accused of creating or owning child porn needs to contact a skilled sex crime defense attorney immediately. This charge is considered very serious and can result in very harsh prison sentences.


Child Abuse Charges in Michigan

Whether you have been charged with First Degree Child Abuse, OWI Child Endangerment, or Possession of Child Sexually Abusive Material, you are going to need a highly skilled defense attorney. At the Kronzek Law Firm we have decades of experience handling all of these particular issues, including child abuse, drunk driving and sex crimes, so no matter what you are faced with, we are able to help. Call us immediately at  866 766-5245. We are here for you.