Legislative Analysis
Phone: (517) 373-8080
SEXUAL EXTORTION
http://www.house.mi.gov/hfa
House Bill 5887 as introduced Analysis available at
Sponsor: Rep. John Fitzgerald http://www.legislature.mi.gov
House Bill 5888 as introduced
Sponsor: Rep. Kara Hope
House Bill 5889 as introduced
Sponsor: Rep. Jenn Hill
Committee: Criminal Justice
Complete to 12-10-24
SUMMARY:
House Bills 5887, 5888, and 5889 would do the following:
• Provide criminal penalties for threatening to distribute sexually explicit photographs
or video of another person in order to compel them to do things against their will with
the intent of getting additional sexually explicit photographs or videos or anything of
value. Penalties would depend on circumstances of the offense, such as previous
offenses or certain aggravating factors. (HB 5887)
• Add the proposed felonies to the sentencing guidelines. (HB 5888)
• Require information and education about the provisions of House Bill 5887 to be given
to public school students, their parents, and school personnel. (HB 5889)
House Bill 5887 would amend the Michigan Penal Code to provide that an individual who
intentionally and maliciously threatens to release, exhibit, or distribute sexually explicit visual
material of another individual in order to compel (or attempt to compel) another individual to
do any act (or refrain from doing any act) against the individual’s will with the intent to obtain
additional sexually explicit visual material or anything else of value is guilty of a crime
punishable as described below.
Sexually explicit visual material would mean a photograph or video that depicts
nudity, erotic fondling, sexual intercourse, or sadomasochistic abuse.
Nudity would mean displaying an individual's genitalia, an individual's anus, or a
female individual's nipples or areola.
Penalties
Except as otherwise described below, an individual who commits an offense described above
would be guilty of a crime as follows:
• For a first offense, a felony punishable by imprisonment for up to five years.
• For a second offense, a felony punishable by imprisonment for up to 10 years.
• For a third or subsequent offense, a felony punishable by imprisonment for up to 20
years.
House Fiscal Agency Page 1 of 4
 Penalties for aggravated offenses
Under either of the following circumstances, an individual who commits an offense described
above would be guilty of a felony punishable by imprisonment for up to 20 years:
• The individual is at least 19 years old and is not a vulnerable adult, and the victim is
under age 18 or is a vulnerable adult.
• The victim suffers death or great bodily injury as a result of the offense.
Vulnerable adult would mean any of the following:
• A person 18 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.
• A person 18 or older who is unable to protect themselves from abuse, neglect,
or exploitation because of a mental or physical impairment or advanced age
and who is suspected of being abused, neglected, or exploited. 1
• A child placed in an adult foster care family home or an adult foster care small
group home under section 5(6) or (8) of the child care licensing act (1973 PA
116). 2
Great bodily injury would mean bodily injury that causes a substantial risk of death,
serious or permanent disfigurement, or protracted loss or impairment of the function of
a bodily member or organ.
Penalties for juvenile offenders
An individual under age 18 who commits an offense described above would be guilty of a
misdemeanor punishable by imprisonment for up to one year. The court could order behavioral
health counseling from an appropriate agency or provider as part of the sentence.
Proposed MCL 750.213b
House Bill 5888 would add the felonies proposed by HB 5887 to the sentencing guidelines
provisions of the Code of Criminal Procedure, as follows:
• First offense extortion involving sexually explicit visual material would be a Class E
crime against a person with a maximum term of imprisonment of five years.
• Second offense extortion involving sexually explicit visual material would be a Class
D crime against a person with a maximum term of imprisonment of 10 years.
• Third or subsequent offense extortion involving sexually explicit visual material would
be a Class B crime against a person with a maximum term of imprisonment of 20 years.
• Aggravated extortion involving sexually explicit visual material would be a Class B
crime against a person with a maximum term of imprisonment of 20 years.
MCL 777.16l
House Bill 5889 would amend the Revised School Code to require the Michigan Department
of Education (MDE), in consultation with the Department of Attorney General, to develop a
1
For the definitions of “abuse,” “neglect,” and “exploitation” that apply to this provision, see MCL 400.11:
https://www.legislature.mi.gov/documents/mcl/pdf/mcl-400-11.pdf
2
https://www.legislature.mi.gov/documents/mcl/pdf/mcl-722-115.pdf
House Fiscal Agency HBs 5887, 5888, and 5889 as introduced Page 2 of 4
 notice containing information regarding the provisions of House Bill 5887 and provide it to
school districts, intermediate school districts (ISDs), and public school academies (PSAs, or
charter schools). School districts, ISDs, and PSAs would have to provide the notice to all of
the following individuals and implement a policy to educate the following individuals about
the provisions of House Bill 5887:
• School personnel employed by or at a school operated by the district, ISD, or PSA.
• Students enrolled in the district, ISD, or PSA.
• Parents and legal guardians of students enrolled in the district, ISD, or PSA.
Proposed MCL 380.1509
House Bills 5888 and 5889 cannot take effect unless House Bill 5887 is also enacted.
FISCAL IMPACT:
House Bill 5887 would have an indeterminate fiscal impact on the state and on local units of
government. The number of individuals that would be convicted under provisions of the bill is
not known. New felony convictions would result in increased costs related to state prisons and
state probation supervision. In fiscal year 2023, the average cost of prison incarceration in a
state facility was roughly $48,700 per prisoner, a figure that includes various fixed
administrative and operational costs. State costs for parole and felony probation supervision
averaged about $5,400 per supervised offender in the same year. Those costs are financed with
state general fund/general purpose revenue. The fiscal impact on local court systems would
depend on how provisions of the bill affected court caseloads and related administrative costs.
It is difficult to project the actual fiscal impact to courts due to variables such as law
enforcement practices, prosecutorial practices, judicial discretion, case types, and complexity
of cases. Any increase in penal fine revenue would increase funding for public and county law
libraries, which are the constitutionally designated recipients of those revenues.
House Bill 5888 is a companion bill to House Bill 5887 and would amend the sentencing
guidelines chapter of the Code of Criminal Procedure to include the new felonies of extortion
involving sexually explicit visual material, first, second, third or subsequent offense, and
certain aggravating factors. The first offense would be a Class E felony against a person
punishable by a statutory maximum of 5 years. The second offense would be a Class D felony
against a person punishable by a statutory maximum of 10 years. The third or subsequent
offense and with certain aggravating factors would both be Class B felonies against a person
punishable by a statutory maximum of 20 years. The bill would not have a direct fiscal impact
on the state or on local units of government.
House Bill 5889 could create minimal costs for the state and for districts, intermediate districts,
and public school academies.
Under the bill, MDE would be required to develop a notice to distribute to districts, ISDs, and
PSAs containing information on section 213b of the Michigan Penal Code, which would be
added to the code by House Bill 5887. The costs to develop this notice would be absorbed
using existing staff time.
House Fiscal Agency HBs 5887, 5888, and 5889 as introduced Page 3 of 4
 Districts, ISDs, and PSAs could also incur increased costs to develop a policy and distribute
this notice to employees, students, and parents and legal guardians of students. These costs
would likely be minimal and could be absorbed using existing staff time.
Legislative Analyst: Rick Yuille
Fiscal Analysts: Robin Risko
Jacqueline Mullen
Noel Benson
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HBs 5887, 5888, and 5889 as introduced Page 4 of 4


Statutes affected:
Substitute (H-1): 380.1, 380.1852
House Introduced Bill: 380.1, 380.1852
As Passed by the House: 380.1, 380.1852