Minor child charged in violation of 1st Amendment

We represent the single parent family of a little girl, age 12, who was charged by Muskegon County Prosecutor's office after her teacher took her personal journal and discovered a juvenile game of "Would You Rather" (a/k/a "Kiss, Marry, Kill") and a graphic-novel like drawn love triangle story which depicted two men vying for the attention of a woman, and one of the men in the story is depicted allegedly using a pistol to kill the other man out of jealousy. All the characters are adults. None of the "action" depicted in the story is depicted to take place at a school or in a school building.

After an investigation by the Muskegon Police Department, the investigating officer determined that the minor girl had no intent in carrying out any of the "threats" suggested by the "Would You Rather" game, and that the love triangle story was created by the girl because she was bored in her class and had no intent to threaten or harm anyone.

Despite this, the Muskegon County Prosecutor's Office charged the little girl with a misdemeanor violation of MCL 750.235b(1), which states:

A person who verbally, through the use of an electronic device or system, or through other means intentionally threatens to use a firearm, explosive, or other dangerous weapon to commit an act of violence against any students or school employees on school grounds or school property if the threat can be reasonably interpreted to be harmful or adverse to human life, or dangerous to human life as that term is defined in section 543b, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

This is a flagrant violation of this precocious young girl's 1st Amendment right of free speech. No threat was made nor intended nor communicated to anyone. The journal was her personal, private journal and diary.

The law firm of Ledford & Associates in Grandville, Michigan has been defending this young lady vigorously. We filed a motion seeking dismissal of the charge based upon first amendment grounds and citing both Michigan and U.S. Supreme Court precedent that very clearly protects this girl's speech.

This young girl's mother is a single parent living from paycheck to paycheck. As you can imagine, defending her daughter is beyond her ability and financial means.

Any assistance for this young girl would be greatly appreciated.

All proceeds will go to this girl's defense.