2001 House Bill 5296 / 2002 Public Act 629

Introduced in the House

Oct. 18, 2001

Introduced by Rep. Gene DeRossett (R-55)

To broaden the definition of child pornography to include a computer-generated image, or any image that is intended to appear to include a child or convey the impression that the material includes a child engaging in a listed sexual act.

Referred to the Committee on Criminal Justice

June 19, 2002

Substitute offered

To replace the previous version of the bill with one since superceded by a newer version which seeks to conform to the provisions of a recent U.S. Supreme Court ruling declaring a similar federal statute unconstitutional.

The substitute failed by voice vote

Substitute offered by Rep. Gene DeRossett (R-55)

To replace the previous version of the bill with one which seeks to conform to the provisions of a recent U.S. Supreme Court ruling declaring a similar federal statute unconstitutional. The court ruled that the creation, possession and distribution of virtual child pornography (i.e. pornography created without the use of any images of actual children) could not be made a crime unless the material was shown to be obscene. This substitute requires that either the material depicts an actual child, OR satisfies the legal definition of “obscenity”.

The substitute passed by voice vote

Amendment offered by Rep. Jennifer Faunce (R-29)

To establish a new date on which the bill will go into effect if passed.

The amendment passed by voice vote

June 27, 2002

Passed in the House 108 to 0 (details)

To broaden the definition of child pornography to include a computer-generated image, or any image that is intended to appear to include a child or convey the impression that the material includes a child engaging in a listed sexual act, if the depiction satisfies the legal definition of “obscenity”.

Received in the Senate

June 27, 2002

July 9, 2002

Referred to the Committee on Judiciary

Dec. 11, 2002

Passed in the Senate 35 to 0 (details)

Signed by Gov. John Engler

Dec. 22, 2002