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157465 - People v Kelvin Willis

The People of the State of Michigan,

 

Deborah Blair

 

Plaintiff-Appellee,

 

v

(Appeal from Ct of Appeals)

 

 

(Wayne – Talon, L.)

 

Kelvin Willis,

 

Ronald Ambrose

 

Defendant-Appellant.

 

Summary

The 52-year-old defendant invited his 16-year-old neighbor to his apartment where he showed the teenager a pornographic video, and then offered him money to engage in sexual acts. The teenager refused the offer, fled from defendant’s apartment, and reported defendant’s actions. When defendant was arrested, the police discovered cocaine in his pocket. A jury convicted defendant of child sexually abusive activity, possession of less than 25 grams of cocaine, and distributing obscene material to a minor. On appeal, defendant argued that there was no evidence that he acted for the purpose of creating child sexually abusive material, which he asserted is a necessary element of child sexually abusive activity, MCL 750.145c(2). The Court of Appeals affirmed in a published opinion. The Supreme Court has directed oral argument on defendant’s application for leave to appeal to address: (1) whether, to sustain a conviction under MCL 750.145c(2), the prosecution must prove that the defendant acted for the purpose of producing or making child sexually abusive material; and (2) whether the evidence in this case was sufficient to support defendant’s conviction for child sexually abusive activity.  ​