Michigan Bill Could Open the Door to Expanding the Registry

A new bill introduced by lawmakers in Michigan, HB 4938 — the so-called “Anticorruption of Public Morals Act” — would not only ban first amendment protected expression but could also create new pathways for people to be added to the sex offender registry. The measure is written so broadly that it would make it a felony to make, share, or even view pornography online. It does not stop at traditional adult material, but goes further by including things like written or animated depictions, digital simulations, and even “sensual voice content” such as moaning. It also bans any content that reflects what the bill calls a “disconnection between biology and gender,” which could sweep in depictions of transgender and nonbinary people simply expressing themselves.

The penalties are extreme — up to 20 years in prison and fines of $100,000, with even harsher punishment for those found with more than 100 pieces of prohibited content. Of course being placed on the sex offender registry comes with the penalty. With provisions requiring platforms and individuals to detect and remove prohibited content in real time, enforcement will likely be messy, overreaching, and indiscriminate.

Critics point out that the bill is not only unconstitutional under the First Amendment, but also dangerous because it expands the criminal net in ways that guarantee more people will be labeled as sex offenders. What begins as an attempt to legislate morality could end up adding thousands to a registry that is already bloated, dysfunctional, and punitive far beyond its original purpose. If passed, this law would represent one of the most sweeping overreaches in the nation, and it underscores the urgent need to push back against legislation that expands the scope of criminalization and needlessly funnels more people into the registry.

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