MUSKEGON, Mich. — People in this economically pressed town near Lake Michigan are divided into two camps: Those who think Evan Emory should pay hard for what he did, and those who think he should be let off easy.
Mr. Emory, 21, an aspiring singer and songwriter, became a household name here last month when he edited a video to make it appear that elementary school children in a local classroom were listening to him sing a song with graphic sexual lyrics. He then showed the video in a nightclub and posted it on YouTube.
Tony Tague, the Muskegon County prosecutor, stands firmly in the first camp: He charged Mr. Emory with manufacturing and distributing child pornography, a crime that carries a penalty of up to 20 years in prison and 25 years on the sex offender registry.
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There remains much uncertainty about how the law should be applied in such cases, she said. But because most defendants take plea bargains instead of going to trial, the courts are often deprived of the opportunity to sort it out.
Mr. Tague argues that the state statute covers not only filming a child in a sexual activity but also making it appear that a child is engaging in that activity. But Ms. Hessick questioned whether the Michigan law could be applied in Mr. Emory’s case or “whether they’ve overcharged him.”