Order Michigan Supreme Court
Lansing, Michigan
October 27, 2006 Clifford W. Taylor,
Chief Justice
130546 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 130546
COA: 264361
Muskegon CC: 04-051083-FH
BRIAN LEE HILL,
Defendant-Appellant.
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On order of the Court, the application for leave to appeal the January 24, 2006
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the questions presented should be reviewed by this Court.
CAVANAGH and KELLY, JJ., would grant leave to appeal.
MARKMAN, J., dissents and states as follows:
Defendant was charged with multiple counts involving child sexually abusive
material; only one of these is at issue in this case. The Court of Appeals determined that
under MCL 750.145c(2) a person "arranges for, produces, makes, or finances" child
sexually abusive material when he downloads such material from the Internet and "burns"
it onto a CD. I would grant leave to appeal to determine (a) whether the more reasonable
meaning of this language is to sanction persons who originate such material; (b) whether
the Court of Appeals interpretation would essentially render nugatory the prohibition in
MCL 750.145c(4) on the "possession" of child sexually abusive materials because it
would impose the same penalty on a person who downloads such material as the person
who actually entices the child to pose for the material; and (c) whether the Court of
Appeals interpretation of "makes" has legal consequences in other digital contexts. For
example, does a person who downloads a pirated movie "make" such a movie and would
the person be subject to the same penalty as the person who originally pirated the movie?
Does a person who downloads a pirated song "make" such a song and would the person
be subject to the same penalty as the person who originally made available the song?
Does a person who downloads a defamatory article from the Internet "make" such an
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article and would the person be subject to the same penalty as the original publisher of
the defamation?
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
October 27, 2006 _________________________________________
d1024 Clerk