Opinion
No. 130546.
February 2, 2007.
Appeal from the Reported below: 269 Mich App 505.
Reconsiderations Denied February 2, 2007.
Leave to appeal denied at 477 Mich 897.
CAVANAGH and KELLY, JJ. We would grant reconsideration and, on reconsideration, would grant leave to appeal.
I would grant the motion for reconsideration and grant defendant's application for leave to appeal for the reasons set forth in my dissent to the Court's order of October 27, 2006, denying leave to appeal in this case. 477 Mich 897 (2006). I continue to believe that there is a substantial question whether the Legislature intended in MCL 750.145c(2) to punish persons who download preexisting child pornographic images from the Internet and then burn them onto a CD for personal use as severely as persons who physically coerce children into engaging in sexual activities in order to create pornographic images for sale and profit. Moreover, as I have also set forth, I believe that there are significant legal implications arising from this question for other types of Internet downloading.