Understanding Superintending Control in Michigan Courts

Understanding Superintending Control in Michigan Courts

Sometimes, a higher court needs to step in to ensure a lower court is properly administering justice. This powerful action is called “superintending control.”

In Michigan, our court system is designed as a “One Court of Justice,” meaning that while there are different levels of courts, they work together as an integrated unit. Sometimes, a higher court needs to step in to ensure a lower court is properly administering justice. This powerful action is called “superintending control.”

Why Would a Higher Court “Superintend” a Lower Court?

Superintending control is an extraordinary power, not just a way to appeal a decision you don’t like. It’s used when a lower court fails to perform a clear legal duty and there isn’t another adequate legal way to fix the problem. Think of it as a referee stepping in when a game isn’t being played according to the rules, especially when the issues affect how the court generally operates rather than just one specific case error.

Reasons a higher court might exercise superintending control include:

  • Failure to perform a clear legal duty: The lower court is not doing something that the law or court rules clearly require it to do.

  • Abuse of discretion or exceeding jurisdiction: The lower court acts beyond its authority or makes decisions that are so wrong they indicate a fundamental problem with how it’s operating.

  • Addressing general practices: Instead of correcting a single error in one case, superintending control can be used to fix widespread issues or policies within a lower court that are causing systemic problems.

Michigan Court Rules (MCR) and Laws (MCL)

The authority for superintending control comes from both the Michigan Constitution and state laws.  
  • Michigan Constitution, Article VI, Section 4: Grants the Supreme Court general superintending control over all courts.
  • MCL 600.219: States that the Michigan Supreme Court has general superintending control over all inferior courts and can issue any necessary writs or directives to ensure proper administration of justice.
  • MCL 600.615: Grants the Circuit Court general superintending control over all inferior courts and tribunals, subject to Supreme Court rules.

The specific procedures for seeking superintending control are found in the Michigan Court Rules (MCR):

  • MCR 3.302: This is the primary rule governing superintending control actions. It emphasizes that this action can only be taken if no other adequate remedy (like a standard appeal) is available.

  • MCR 7.304(A): Allows a complaint for superintending control to be filed directly in the Supreme Court in situations where a regular appeal cannot be filed.

  • MCR 7.203(C)(1): Gives the Michigan Court of Appeals the power of superintending control over courts immediately below it, especially if the lower court’s action would eventually lead to an appealable order in the Court of Appeals.

Procedures an Attorney Would Take

An attorney seeking superintending control would:

Determine if it’s the right remedy: First, the attorney must confirm that there is no other adequate legal remedy available, such as a direct appeal. Superintending control is a last resort for systemic issues or clear legal duty failures.

File a Complaint for Superintending Control: This is an original civil action, meaning it starts a new case in the higher court, unlike an appeal which continues an existing case.

Prepare a brief: A detailed brief supporting the complaint must be filed, explaining the legal duty the lower court failed to perform, why other remedies are inadequate, and the specific relief sought.

Pay a filing fee or seek a waiver: As with most court actions, a fee is required unless the attorney requests and qualifies for a fee waiver.

Case Examples

Here are three Michigan cases where superintending control was used:

People v Curtis, 389 Mich 698 (1973): In this case, a circuit court issued an order of superintending control to a district court concerning the district court’s authority regarding certain criminal proceedings. This highlights how higher courts ensure lower courts act within their proper jurisdiction.

Cahill v Fifteenth District Judge, 393 Mich 137 (1974): The Michigan Supreme Court found superintending control appropriate to address general practices of a district court regarding how it handled bond posting and the availability of jury trials. This case is a prime example of using superintending control to address systemic, rather than individual, errors in a lower court’s practices.

Grievance Adm v Atty Discipline Bd, 447 Mich 411 (1994): The Michigan Supreme Court used its superintending control power over the Attorney Discipline Board. This demonstrates the Supreme Court’s broad authority to oversee various tribunals to ensure they are performing their duties correctly.

 

5 FAQs about Elder or Vulnerable Adult Financial Exploitation

Q: Is superintending control the same as an appeal?

A: No, superintending control is different from an appeal. An appeal reviews a specific decision for legal error, while superintending control is an original action used to compel a lower court to perform a clear legal duty or to correct systemic issues when no other adequate remedy exists.

Q: Can any higher court exercise superintending control over any lower court?

A: The Michigan Supreme Court has general superintending control over all lower courts and tribunals. Circuit Courts also have superintending control over inferior courts within their jurisdiction, subject to Supreme Court rules. The Court of Appeals has superintending control over courts directly below it in certain circumstances.

Q: What is the main goal of superintending control?

A: The main goal is to ensure the proper administration of justice and that lower courts and tribunals adhere to their clear legal duties and operate within their jurisdiction. It’s a mechanism for oversight to maintain the integrity and functionality of the judicial system.

Q: Who can file a complaint for superintending control?

A: Generally, a complaint for superintending control is filed by a party who is directly affected by a lower court’s failure to perform a clear legal duty and who does not have another adequate legal way to fix the problem. This could be a person involved in a case, or an organization if the issue affects their members. It’s an action taken to ensure the correct functioning of the judicial system.

Q: Is filing a complaint for superintending control a common legal action?

A: No, superintending control is considered an “extraordinary remedy.” This means it’s not used often, usually only in special situations where a lower court has seriously failed in its legal duties and a standard appeal won’t solve the problem. Courts prefer that parties use regular appeals when possible, so superintending control is reserved for more serious, systemic issues or clear violations of legal duty.

 

Komorn Law

Komorn Law, established in 1993, has the experience and expertise to fight your case in a court of law, from the district to federal court systems.

Our dedicated team understands the complexities of Michigan’s legal landscape, including the intricacies of court procedures and the strategic application of legal remedies like superintending control.

We are committed to meticulously preparing every case, advocating fiercely for our clients’ rights, and pursuing every avenue to achieve a favorable outcome.

When you’re ready to hire a lawyer who hates to lose, call our office at (248) 357-2550call Komorn Law at (248) 357-2550.

Sources

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Komorn Law

Arrested? – Better Call Komorn

Komorn Law
Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

MI COA Upholds Constitutionality of State’s Terrorist Threat Statute

MI COA Upholds Constitutionality of State’s Terrorist Threat Statute

The ruling means that prosecutors can continue to use this law as a vital tool in holding individuals accountable for making threats of terrorism, provided they can demonstrate the defendant acted recklessly in communicating the threat. The statute does not require that the person making the threat actually intended to carry out the act or had the capability to do so. 

The Michigan Court of Appeals recently reversed an earlier decision, ruling on July 22, 2025, that the state’s anti-terrorism threat statute, MCL 750.543m, is indeed constitutional. This decision comes after the Michigan Supreme Court sent the case back for reconsideration, emphasizing the need for clarity regarding the “recklessness” standard in such threat cases.

The ruling means that prosecutors can continue to use this law as a vital tool in holding individuals accountable for making threats of terrorism, provided they can demonstrate the defendant acted recklessly in communicating the threat.

Background on Michigan’s Terrorist Threat Law

Michigan’s anti-terrorism threat law, codified as MCL 750.543m, was enacted in 2002. This law makes it a felony to threaten to commit an act of terrorism or to knowingly make a false report of terrorism. The statute does not require that the person making the threat actually intended to carry out the act or had the capability to do so. This law has been crucial for prosecutors in addressing a range of serious threats, including those made in schools or through social media.

The constitutionality of this law came under scrutiny in the case of People v. Kvasnicka. In an earlier ruling in February 2025, the Michigan Court of Appeals had found the statute unconstitutional. Their reasoning was that the law did not explicitly require proof that the defendant subjectively understood the threatening nature of their statements or acted recklessly. This earlier decision effectively dismissed charges against a man accused of threatening a school via social media.

The Michigan Supreme Court, in March 2025, vacated that earlier ruling and sent the case back to the Court of Appeals for further review. The Supreme Court’s directive was to ensure the law aligns with constitutional standards, particularly in light of the U.S. Supreme Court’s decision in Counterman v. Colorado, which established a “recklessness” standard for true threat cases.

Counterman v. Colorado

In Counterman v. Colorado, the Supreme Court ruled that for a statement to be classified as a “true threat” and thus unprotected by the First Amendment, the prosecution must prove the defendant acted at least recklessly in making the statement. This means the defendant must have been aware of a substantial risk that their communication would be perceived as threatening violence, but disregarded that risk. The Court rejected Colorado’s use of an objective “reasonable person” standard, which only considered how a reasonable person would interpret the statement. 

Key aspects of the ruling:

Recklessness Standard:
The Court established that the prosecution must prove the defendant acted recklessly, meaning they consciously disregarded a substantial risk that their statement would be viewed as threatening violence.

Subjective Understanding:
The ruling emphasizes the need for some level of subjective understanding by the defendant regarding the threatening nature of their speech.

First Amendment Protection:
The ruling aims to protect free speech by ensuring that individuals are not punished for speech that they did not intend to be threatening, or of which they were not aware could be interpreted as threatening.

Case Background:
Billy Counterman sent hundreds of threatening messages to musician Coles Whalen over a period of two years. The messages caused Whalen to fear for her safety and change her behavior.

Colorado’s Argument:
Colorado argued that its “reasonable person” standard was sufficient for determining whether a statement constituted a true threat.

Supreme Court’s Decision:
The Supreme Court disagreed and reversed the Colorado court’s decision, finding that the state must prove at least recklessness on the part of the defendant.

The Counterman decision clarifies the standard for what constitutes a “true threat” and its implications for free speech protections under the First Amendment. The ruling has significant implications for how states prosecute cases involving threatening speech.

The Recent Court of Appeals Decision

On July 22, 2025, a panel of the Michigan Court of Appeals, in a unanimous decision, reversed its prior holding in People v. Kvasnicka. The court affirmed the constitutionality of MCL 750.543m, clarifying the evidentiary standard required for conviction. This means that to secure a conviction under the statute, prosecutors must now prove that the defendant acted with “recklessness” when communicating the threat.

This “recklessness” standard requires prosecutors to show that the defendant consciously disregarded a substantial risk that their communication would be viewed as a threat of violence or terrorism. This adds an important layer of protection for free speech, as it requires more than just the effect of a statement; it demands proof that the speaker was aware of the risk that their words could be perceived as a real threat. Attorney General Dana Nessel praised the ruling, calling it a “critical victory for public safety,” underscoring the law’s importance in holding accountable those who spread fear through terror threats.

 

Key details of the ruling:

  • Date of Decision: July 22, 2025.
  • Case Name: People v. Kvasnicka.
  • Court: Michigan Court of Appeals.
  • Outcome: Reversed prior ruling, affirming the constitutionality of MCL 750.543m.
  • Key Standard: Prosecutors must prove the defendant acted with “recklessness,” meaning they consciously disregarded a substantial risk that their communication would be viewed as a threat of violence or terrorism.
  • Impact: Ensures continued enforcement of the anti-terrorism threat law.
  • Relevant Law: Michigan Compiled Laws (MCL) 750.543m: https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-750-543M

Aggressive Defense in the Federal Courtroom

For anyone facing charges related to terrorist threats or similar serious allegations, understanding the evolving legal landscape is critical. Attorney Michael Komorn of Komorn Law PLLC brings extensive experience in criminal defense, including in federal court. 

Frequently Asked Questions (FAQs)

  • What does it mean that the Michigan Court of Appeals ruled the terrorist threat statute is constitutional? It means the law (MCL 750.543m) is valid and can be used by prosecutors to charge individuals who make threats of terrorism. The court clarified that prosecutors must prove the defendant acted recklessly, meaning they knew or should have known their statement could be seen as a threat.

  • What is MCL 750.543m? It is the Michigan law that makes it a felony to threaten to commit an act of terrorism or to knowingly make a false report of terrorism. It can lead to severe penalties, including up to 20 years in prison.

  • What does “recklessness” mean in the context of this law? “Recklessness” means that the person making the threat consciously disregarded a significant risk that their communication would be understood as a threat of violence or terrorism. It’s about their awareness of how their words could be perceived.

  • Can someone be charged with a terrorist threat even if they were joking or didn’t intend to carry out the threat? Yes, you can be charged. The law states that it’s not a defense that you didn’t have the intent or capability to commit the act. However, with this new ruling, prosecutors must prove you acted recklessly, meaning you knew there was a substantial risk your “joke” would be taken as a serious threat.

  • What are the potential penalties for a terrorist threat conviction in Michigan? A conviction under MCL 750.543m is a felony punishable by up to 20 years in prison, a fine of up to $20,000, or both.

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Komorn Law

Arrested? – Better Call Komorn

Komorn Law
Areas of Service

We represent clients throughout the

State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Elder and Vulnerable Adult Financial Exploitation in Michigan

Elder and Vulnerable Adult Financial Exploitation in Michigan

FAQs and Laws about Elder and Vulnerable Adult Financial Exploitation

Financial exploitation of elders and vulnerable adults is a growing and particularly insidious crime in Michigan, preying on individuals who, due to age, disability, or mental incapacity, are unable to protect themselves.

These acts involve the illegal or improper use of a vulnerable adult’s funds, property, or assets for personal gain, often by those in a position of trust such as family members, caregivers, or even scam artists.

Recognizing the signs and understanding the legal protections in place is crucial to safeguarding this susceptible population from devastating financial ruin and emotional distress.

The vulnerability of elderly individuals and those with disabilities makes them prime targets for financial predators. These crimes can range from outright theft to more subtle forms of manipulation, such as convincing a vulnerable person to sign over property, change wills, or grant access to bank accounts.

The background of these specific laws in Michigan reflects a societal commitment to protect those who cannot fully protect themselves, recognizing that traditional fraud statutes may not fully capture the unique dynamics of power and trust often present in these cases. Michigan’s statutes aim to provide robust legal tools to prosecute offenders and seek justice for victims.

Here are key details and factual information regarding these offenses under Michigan Compiled Laws (MCL):

Vulnerable Adult Financial Exploitation (MCL 750.174a)

This critical statute directly addresses the financial exploitation of vulnerable adults. A “vulnerable adult” is defined as an individual 18 years of age or older who, because of age, developmental disability, mental illness, or physical disability, requires supervision or personal care or lacks the personal and social skills required to live independently.

It is illegal to obtain or use, or attempt to obtain or use, a vulnerable adult’s money or property through fraud, deceit, misrepresentation, coercion, or unjust enrichment, knowing or having reason to know the person is a vulnerable adult, for direct or indirect personal benefit.

Penalties are value-dependent and severe:

  • Less than $200: Misdemeanor, up to 93 days in jail, or a fine up to $500 or three times the value (whichever is greater).
  • $200 to $1,000: Misdemeanor, up to 1 year in jail, or a fine up to $2,000 or three times the value.
  • $1,000 to $20,000: Felony, up to 5 years in prison, or a fine up to $10,000 or three times the value.
  • $20,000 to $50,000: Felony, up to 10 years in prison, or a fine up to $15,000 or three times the value.
  • $50,000 to $100,000: Felony, up to 15 years in prison, or a fine up to $25,000 or three times the value.
  • More than $100,000: Felony, up to 20 years in prison, or a fine up to $50,000 or three times the value.

Penalties can be enhanced for repeat offenders. The value of money or property from separate incidents over 12 months can be aggregated for higher charges.

Source: MCL 750.174a

Vulnerable Adult Abuse (MCL 750.145n)

While primarily addressing physical or mental harm, this statute is closely related because financial exploitation often occurs alongside or leads to other forms of abuse or neglect. A “caregiver” who intentionally or recklessly causes harm to a vulnerable adult can be prosecuted.

Source: MCL 750.145n

Reporting Requirements: Michigan law mandates that certain professionals (e.g., healthcare workers, social workers, law enforcement) report suspected elder or vulnerable adult abuse, including financial exploitation, to Adult Protective Services (APS). However, anyone can and should report suspected abuse.

Source: Michigan Legal Help – What Is Elder Abuse?

Resources and Contacts by County in Michigan

Statewide Adult Protective Services Hotline (24/7):

  • Phone: (855) 444-3911

Oakland County:

  • Adult Protective Services (APS): Report through the statewide hotline (855-444-3911)

  • Prosecutor’s Office:

Macomb County:

  • Adult Protective Services (APS): Report through the statewide hotline (855-444-3911)

  • Prosecutor’s Office:

Wayne County:

  • Adult Protective Services (APS): Report through the statewide hotline (855-444-3911)

  • Prosecutor’s Office:

Livingston County:

  • Adult Protective Services (APS): Report through the statewide hotline (855-444-3911)

  • Prosecutor’s Office:

Washtenaw County:

  • Adult Protective Services (APS): Report through the statewide hotline (855-444-3911)

  • Prosecutor’s Office:

5 FAQs about Elder or Vulnerable Adult Financial Exploitation

Q: What makes someone a “vulnerable adult” under Michigan law?

A: In Michigan, a vulnerable adult is an individual aged 18 or older who, due to age, developmental disability, mental illness, or physical disability, requires supervision or personal care or lacks the personal and social skills needed to live independently.

Q: Who typically commits financial exploitation against vulnerable adults?

A: Sadly, perpetrators are often individuals in a position of trust, such as family members, spouses, caregivers, friends, or fiduciaries (like guardians or agents under a power of attorney). However, stranger scams (e.g., lottery scams, grandparent scams) are also common.

Q: What are common signs of elder or vulnerable adult financial exploitation?

A: Signs can include sudden changes in financial situation, unexplained withdrawals from bank accounts, new purchases inconsistent with the elder’s lifestyle, sudden changes in wills or legal documents, a new “best friend” or caregiver who isolates the elder, or the inability of the elder to access their own money.

Q: If I suspect financial exploitation, who should I contact in Michigan?

A: You should immediately contact Adult Protective Services (APS) at the statewide 24/7 hotline: (855) 444-3911. You should also contact your local police department.

Q: Can financial exploitation charges be aggregated in Michigan if there are multiple small thefts?

A: Yes. Under MCL 750.174a, the values of money or property used or obtained in separate incidents within any 12-month period can be added together (aggregated) to determine the total value, which can lead to higher charges and more severe penalties.

Komorn Law

Facing charges related to sextortion or sexploitation requires a deep understanding of complex digital evidence and Michigan’s evolving laws. Komorn Law, established in 1993, has the experience and expertise to fight your case in a court of law, from the district to federal court systems.

Attorney Michael Komorn and his team are known for their aggressive approach and mature understanding of the trial and appeals process, ensuring clients receive a robust defense. When you’re ready to hire a lawyer who hates to lose, call Komorn Law at (248) 357-2550.

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Komorn Law

Arrested? – Better Call Komorn

Komorn Law
Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Sextortion and Sexploitation in Michigan

Sextortion and Sexploitation in Michigan

FAQs and Laws about Sextortion and Sexploitation

Sextortion and sexploitation are increasingly prevalent and devastating forms of digital abuse, leveraging technology to coerce, manipulate, and exploit individuals, often for sexual gratification or financial gain.

These crimes involve a severe breach of trust and privacy, with victims facing immense emotional and psychological harm, public humiliation, and financial ruin. In Michigan, these malicious acts are met with serious legal penalties, reflecting the profound societal impact of such offenses and the urgent need to protect vulnerable individuals in the digital sphere.

The rise of the internet and social media has unfortunately provided new platforms for perpetrators to engage in these heinous acts. Sextortion involves threatening to distribute intimate or sexually explicit images or videos of someone unless they comply with demands, often for more explicit material, money, or sexual acts.

Sexploitation, particularly when referring to child sexual exploitation, involves the abuse of individuals, especially minors, for sexual purposes through various means, including the creation, distribution, or possession of child sexually abusive material. Michigan’s laws have evolved to specifically address these modern forms of sexual abuse, recognizing the unique harm they inflict and the digital pathways through which they are perpetrated.

Here are key details and factual information regarding these offenses under Michigan Compiled Laws (MCL):

Sexual Extortion (MCL 750.213b)

This is a relatively new and critical addition to Michigan law, specifically targeting threats to release, exhibit, create, or distribute “sexually explicit visual material” of another individual. The intent of the threat is to compel or attempt to compel the victim to do or refrain from doing any act against their will.

“Sexually explicit visual material” is broadly defined to include photographs or videos depicting nudity, erotic fondling, sexual intercourse, or sadomasochistic abuse.

Penalties are severe and escalate:

  • First offense: Felony, up to 5 years imprisonment, a fine of up to $5,000, or both.
  • Second offense: Felony, up to 10 years imprisonment, a fine of up to $10,000, or both.
  • Third or subsequent offense: Felony, up to 20 years imprisonment, a fine of up to $20,000, or both.
  • Aggravated Sexual Extortion: If the victim is under 18 or a vulnerable adult and the offender is over 18, or if the victim suffers serious physical harm, serious mental harm, or death, the crime becomes a felony punishable by up to 25 years imprisonment.

Minors committing sextortion may face misdemeanor charges.

Source: MCL 750.213b (Effective April 2, 2025).

Child Sexploitation / Child Sexually Abusive Material (CSAM) (MCL 750.145c)

Michigan law rigorously prohibits various acts related to child sexual exploitation, broadly referred to as “child sexually abusive material” (CSAM). This encompasses the production, distribution, and possession of such material.

Types of Prohibited Conduct:

Possession of CSAM: Felony, punishable by up to 4 years imprisonment and a $10,000 fine. This includes viewing pornographic material of a child.

Distribution or Promotion of CSAM: Felony, punishable by up to 7 years imprisonment and a $50,000 fine.

Production of CSAM (including enticing or coercing a child): Felony, punishable by up to 20 years imprisonment and a $100,000 fine.

A conviction often leads to mandatory lifetime registration on the Michigan Sex Offender Registry.

Source: MCL 750.145c (governs child pornography crimes, including possession, reproduction, distribution, and soliciting a child).

Disseminating Sexually Explicit Matter to a Minor (MCL 722.675)

This law makes it a felony to knowingly disseminate to a minor (under 18) sexually explicit visual or verbal material that is harmful to minors, or knowingly exhibit to a minor a sexually explicit performance that is harmful to minors.

Penalties: Felony, punishable by imprisonment for not more than 2 years or a fine of not more than $10,000, or both.

Source: MCL 722.675

Criminal Sexual Conduct (CSC) (MCL 750.520b et seq.)

While broader, some forms of sexual exploitation, particularly involving direct sexual penetration or contact with a minor, fall under Michigan’s extensive Criminal Sexual Conduct statutes, with first-degree CSC being among the most serious felonies.

Source: MCL 750.520b

Macomb County, Livingston County, Washtenaw County and Oakland County:

Law enforcement in Macomb County, Livingston County, Washtenaw County and Oakland County, rigorously investigates allegations of extortion and racketeering.

These complex cases often involve extensive investigations, sometimes collaborating with state police or federal agencies like the FBI, especially when racketeering crosses jurisdictional lines.

The Police Department, often working in conjunction with the Oakland County Sheriff’s Office and the Oakland County Prosecutor’s Office’s Special Victims Unit, actively investigates and prosecutes sextortion and sexploitation cases. These investigations often involve digital forensics and coordination with state and federal agencies due to the online nature of these crimes.

Source: Oakland County Prosecutor’s Office – Special Victims Unit

5 FAQs about Sextortion and Sexploitation

Q: What is the primary difference between sextortion and child sexploitation?

A: Sextortion focuses on coercion through threats to distribute explicit material to get someone to do something. Sexploitation, particularly in the context of child sexploitation, refers to the abuse of a minor for sexual purposes, often involving the creation, distribution, or possession of child sexually abusive material.

Q: If explicit images were consensual at first, but then used against me, is that still sextortion?

A: Yes. Even if the creation or sharing of explicit images was initially consensual, threatening to distribute them or using them to coerce someone without their consent falls under sextortion laws. Consent to create or share does not mean consent to exploit or blackmail.

Q: Does Michigan’s sextortion law apply if the explicit material was never actually released?

A: Yes. The Michigan sexual extortion law (MCL 750.213b) explicitly states that merely “threatening to release, exhibit, create, or distribute” sexually explicit visual material with the intent to compel someone against their will is a crime, even if the material is never actually distributed.

Q: Are minors who engage in sextortion punished the same way as adults in Michigan?

A: No, MCL 750.213b includes specific provisions for minors convicted of sextortion. If the individual convicted is less than 18 years of age, it is a misdemeanor punishable by up to 1 year in jail, and the court may order behavioral health counseling. Adults who target minors, however, face much harsher felony penalties.

Q: What should someone do if they are a victim of sextortion or sexploitation?

A: Victims should immediately contact law enforcement (e.g., local police like Farmington Hills PD, the FBI, or IC3 – Internet Crime Complaint Center). It’s also crucial to preserve any evidence (screenshots, messages) and seek support from trusted adults or victim advocacy organizations. Do not comply with the demands of the perpetrator.

Komorn Law

Facing charges related to sextortion or sexploitation requires a deep understanding of complex digital evidence and Michigan’s evolving laws. Komorn Law, established in 1993, has the experience and expertise to fight your case in a court of law, from the district to federal court systems.

Attorney Michael Komorn and his team are known for their aggressive approach and mature understanding of the trial and appeals process, ensuring clients receive a robust defense. When you’re ready to hire a lawyer who hates to lose, call Komorn Law at (248) 357-2550.

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Komorn Law

Arrested? – Better Call Komorn

Komorn Law
Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Another look at People v Soto (MRTMA Defense Denied)

Another look at People v Soto (MRTMA Defense Denied)

Another look at People v. Soto:

Application of Marijuana Regulation and Taxation Act to Felony Charges

Michigan’s cannabis landscape is evolving rapidly, marked by a nuanced exploration of the People v. Soto case and its implications for the Michigan Regulation and Taxation of Marihuana Act alongside the Public Health Code.

Introduction

The advent of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), MCL 333.27951 et seq., has fundamentally reshaped the legal framework surrounding cannabis in Michigan.

However, the precise boundaries of this legislative initiative, particularly its interaction with pre-existing felony provisions of the Public Health Code, MCL 333.7401 et seq., remain a subject of ongoing judicial interpretation.

The case of People of the State of Michigan v. Julia Kathleen Soto, serves as a critical illustration of this evolving legal landscape, offering significant insights for legal practitioners navigating the complexities of cannabis law in the state. 

Factual Backstory and Lower Court Proceedings

The genesis of People v. Soto dates to October 26, 2022, when law enforcement initiated an investigation predicated on intelligence from Illinois State Police concerning a substantial quantity of marijuana—approximately 85 pounds—intercepted in a rental vehicle destined for southwest Michigan.

The driver of the intercepted vehicle subsequently cooperated with authorities, facilitating a controlled delivery to Chad Boylen, who directed the shipment to Julia Kathleen Soto’s residence in Niles, Michigan.

Upon the arrival of the illicit cargo, Boylen was apprehended outside the residence, and Soto eventually exited her dwelling after law enforcement officers established a perimeter and issued commands for her egress. 

A “protective sweep” of the residence revealed large quantities of marijuana in plain view. Following this initial observation, officers secured a search warrant for the premises. Execution of the warrant led to the seizure of approximately 20 pounds of marijuana, predominantly located in what was identified as Soto’s bedroom, alongside over $10,000 in U.S. currency. The substantial volume of cannabis and the significant cash seizure were indicative of commercial distribution rather than personal use, forming the evidentiary basis for felony charges.  

In the Berrien Circuit Court (LC No. 2022-015939-FH), Soto was bound over for trial on two felony counts: (1) possession with intent to deliver between 5 and 45 kilograms of marijuana, in violation of MCL 333.7401(2)(d)(ii), and (2) maintaining a drug house, contrary to MCL 333.7405(1)(d). Soto’s defense counsel filed a motion to suppress the seized evidence, asserting an unconstitutional search, and a motion to dismiss the charges. A supplemental brief later introduced the argument that the MRTMA should preclude her prosecution for the possession-with-intent-to-deliver charge as a felony.  

Issue: Whether the evidence was seized in violation of constitutional protections, and whether the MRTMA preempts felony prosecution under the Public Health Code for large-scale possession with intent to deliver marijuana.

Result: The Circuit Court denied both motions, concluding that the evidence was admissible and that the MRTMA did not preclude the felony charges.

Michigan Court of Appeals: Interlocutory Review and Statutory Construction

Soto pursued two distinct interlocutory appeals to the Michigan Court of Appeals.

The first, Docket No. 365822, challenged the denial of her motion to suppress based on the alleged unconstitutional search. On September 11, 2023, the Court of Appeals issued an unpublished order denying leave to appeal, citing a “failure to persuade the Court of the need for immediate appellate review”.  

The second appeal, Docket No. 370138, specifically addressed the Circuit Court’s ruling on the applicability of the MRTMA. On May 24, 2024, the Court of Appeals granted leave to appeal, limiting review to the statutory interpretation issues raised.  

Issue: Whether the Michigan Regulation and Taxation of Marihuana Act (MRTMA), MCL 333.27951 et seq., prevents prosecution under MCL 333.7401(2)(d)(ii) of the Public Health Code for possession with intent to deliver between 5 and 45 kilograms of marijuana.  

Result: On October 7, 2024, the Michigan Court of Appeals issued a published opinion affirming the trial court’s denial of the motion to dismiss. The Court’s analysis hinged on a strict textual interpretation of the MRTMA, emphasizing the principle of expressio unius est exclusio alterius.

The Court noted that while MCL 333.27965(1) and (2) of the MRTMA explicitly include “possession with intent to deliver” when defining civil infractions and misdemeanors for lesser quantities, MCL 333.27965(4)—which addresses misdemeanor penalties for quantities exceeding twice the allowed amount—conspicuously omits this phrase.  

This deliberate omission, the Court reasoned, indicated the electorate’s intent to exclude large-scale possession with intent to deliver from the MRTMA’s more lenient penalty scheme, thereby leaving such conduct subject to the felony provisions of Article 7 of the Public Health Code.

The Court further posited that this interpretation aligns with the MRTMA’s broader purpose of preventing the diversion of marijuana to illicit markets, asserting that large-scale, remunerated distribution outside state regulation constitutes illicit dealing.

The case was thus remanded to the Circuit Court for trial on the felony charges.  

Michigan Supreme Court: Update 7-11-2025

The legal trajectory of People v. Julia Kathleen Soto has now reached the state’s highest judicial body. The case, identified as Michigan Supreme Court Docket No. 167834

Issue: Whether the Michigan Supreme Court will grant leave to appeal and, if so, affirm, reverse, or modify the Michigan Court of Appeals’ interpretation of the MRTMA’s applicability to felony marijuana charges under the Public Health Code. 

Result: On 7-11-25 Denied

The Michigan Supreme Court

The People v. Julia Kathleen Soto case has reached the highest court in Michigan.

Issue: Will the Michigan Supreme Court review the Court of Appeals’ decision and potentially change the interpretation of the MRTMA regarding large-scale marijuana offenses?

Result: The case, identified as Michigan Supreme Court Docket No. 167834, is currently “Pending on Application”. This means that Soto has asked the Supreme Court to hear her appeal, and the Court is deciding whether to take the case. Until the Supreme Court makes a decision, the ruling from the Court of Appeals stands.  

UPDATE 7-11-2025 DENIED

Implications for Legal Practice

The People v. Julia Kathleen Soto case underscores the critical importance of meticulous statutory interpretation in the evolving domain of cannabis law. The Michigan Court of Appeals’ published opinion provides a clear, albeit potentially temporary, delineation between regulated cannabis activity and illicit trafficking. For legal professionals, this case highlights that the MRTMA is not a blanket decriminalization statute for all marijuana-related conduct, particularly concerning commercial quantities and intent to deliver for remuneration.

For those navigating the complexities of Michigan’s cannabis and controlled substance laws, the need for experienced legal counsel is paramount. Komorn Law specializes in these intricate areas, offering robust defense strategies informed by a deep understanding of statutory construction, appellate procedure, and the nuances of Michigan’s Public Health Code and MRTMA.

Sources: Michigan Court of Appeals Opinion,

People of MI v. Julia Kathleen Soto, COA 370138 (Oct. 7, 2024). Michigan Court of Appeals Order,

People of MI v. Julia Kathleen Soto, Docket No. 370138 (May 24, 2024). Michigan Medical Marijuana Blog, “MRTMA defense denied dismissal by MI Court of Appeals” (Oct. 7, 2024).

Michigan Court of Appeals Opinion,

People of MI v. Julia Kathleen Soto, COA 370138 (Oct. 7, 2024). Michigan Court of Appeals Opinion,

People of MI v. Julia Kathleen Soto, COA 370138 (Oct. 7, 2024). Michigan Court of Appeals Opinion,

People of MI v. Julia Kathleen Soto, COA 370138 (Oct. 7, 2024). Michigan Court of Appeals Opinion,

People of MI v. Julia Kathleen Soto, COA 370138 (Oct. 7, 2024). Michigan Courts Case Search, “PEOPLE OF MI V JULIA KATHLEEN SOTO,” MSC #167834.

Michigan Court of Appeals Order,

People of MI v. Julia Kathleen Soto, Docket No. 365822 (Sep. 11, 2023). Michigan Court of Appeals Order,

People of MI v. Julia Kathleen Soto, Docket No. 365822 (Sep. 11, 2023).

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Komorn Law

Arrested? – Better Call Komorn

Komorn Law
Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

MSC has ruled against extensive warrantless searches of cell phones.

MSC has ruled against extensive warrantless searches of cell phones.

The Michigan Supreme Court recently issued a significant ruling on August 1, 2025, limiting the ability of law enforcement to conduct broad, warrantless searches of cell phones during criminal investigations.

Summary

The Michigan Supreme Court recently issued a significant ruling on August 1, 2025, limiting the ability of law enforcement to conduct broad, warrantless searches of cell phones during criminal investigations.

The Court found that generalized warrants to search “any and all records or documents” on a cell phone violate Fourth Amendment rights against unreasonable searches and seizures, emphasizing the vast amount of private information stored on modern devices.

Background

The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures. In the digital age, applying this protection to electronic devices like cell phones has been a complex legal challenge.

Courts across the country have grappled with balancing law enforcement’s need for evidence with individuals’ privacy rights, especially given that a single cell phone can contain a person’s entire life history.

This case, People v. Carson, centered on a defendant appealing convictions partly based on text messages obtained via a broad search warrant for his phone.

Details:

  • Date of Decision: August 1, 2025.
  • Court: Michigan Supreme Court.
  • Key Ruling: A warrant to search a cell phone must be specific about what information law enforcement is looking for, rather than allowing a broad search of “any and all data.”
  • Reasoning: The majority opinion highlighted that modern cell phones contain an “unlimited amount of private information” and that “wide-ranging exploratory rummaging is constitutionally intolerable.”
  • Impact: This decision sets a higher standard for law enforcement seeking search warrants for cell phones in Michigan, offering greater protection for individual privacy. It will likely require police to be much more precise in their warrant applications, potentially impacting how digital evidence is collected in criminal cases.

Aggressive Defense in any Courtroom

For anyone facing charges –  Attorney Michael Komorn of Komorn Law PLLC brings extensive experience in criminal defense in any Michigan court, including Federal Court. Call the office to to hire us. 248-357-2550

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Komorn Law

Arrested? – Better Call Komorn

Komorn Law
Areas of Service

We represent clients throughout the

State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information: