Criminal Sexual Conduct
If you are facing charges of criminal sexual conduct in Michigan, you need to know the laws and penalties that apply to your case. Criminal sexual conduct (CSC) is a term that covers a range of sexual offenses, from unwanted touching to rape.
The Michigan Penal Code defines four degrees of CSC, each with different circumstances and punishments.
Here is a brief overview of the CSC laws in Michigan, based on the Michigan Compiled Laws (MCL).
CSC in the first degree:
This is the most serious CSC offense, involving sexual penetration with another person under any of the following circumstances:
– The other person is under 13 years of age.
– The other person is at least 13 but less than 16 years of age and is related to the actor by blood or affinity to the fourth degree, lives in the same household as the actor, or is under the authority or control of the actor (such as a teacher, coach, or foster parent).
– The sexual penetration occurs during the commission of another felony.
– The actor is aided or abetted by one or more other persons and uses force or coercion, or knows that the other person is mentally incapable, mentally incapacitated, or physically helpless.
– The actor is armed with a weapon or an object that looks like a weapon.
– The actor causes personal injury to the other person and uses force or coercion.
CSC in the first degree is a felony punishable by imprisonment for life or any term of years, and mandatory lifetime electronic monitoring. If the victim is under 13 years of age, the minimum term of imprisonment is 25 years. If the victim is at least 13 but less than 16 years of age and any of the circumstances in (b) above apply, the minimum term of imprisonment is 15 years. (MCL 750.520b)
CSC in the second degree
CSC in the second degree is a serious crime in Michigan. It involves sexual contact with another person without their consent. The sexual contact can be touching, groping, or fondling of the victim’s intimate parts or clothing covering those parts.
According to the Michigan Compiled Laws (MCL), CSC in the second degree is punishable by up to 15 years in prison and a fine of up to $25,000. The offender may also have to register as a sex offender and undergo mandatory testing for sexually transmitted diseases. The law also provides for enhanced penalties if the victim is under 13 years old, mentally incapacitated, physically helpless, or related to the offender.
CSC in the second degree: This offense involves sexual contact with another person under any of the following circumstances:
– The other person is under 13 years of age.
– The other person is at least 13 but less than 16 years of age and is related to the actor by blood or affinity to the fourth degree, lives in the same household as the actor, or is under the authority or control of the actor (such as a teacher, coach, or foster parent).
– The sexual contact occurs during the commission of another felony.
– The actor is aided or abetted by one or more other persons and uses force or coercion, or knows that the other person is mentally incapable, mentally incapacitated, or physically helpless.
– The actor is armed with a weapon or an object that looks like a weapon.
– The actor causes personal injury to the other person and uses force or coercion.
Sexual contact means intentional touching of the victim’s or actor’s intimate parts or clothing covering those parts for sexual arousal or gratification. Intimate parts include genital area, groin, inner thigh, buttock, breast, or clothing covering those parts.
CSC in the third degree
CSC in the third degree is a serious crime in Michigan. It involves sexual contact with a person who is between 13 and 15 years old, or with a person who is incapacitated, mentally disabled, or related by blood or affinity. The penalty for CSC in the third degree is up to 15 years in prison and a lifetime of electronic monitoring. The law that defines CSC in the third degree is MCL 750.520d, which can be found here:
CSC in the fouth degree
According to the Michigan Penal Code, Section 750.520e states that a person is guilty of criminal sexual conduct in the fourth degree if he or she engages in sexual contact with another person and if any of the following circumstances exist: that other person is at least 13 years of age but less than 16 years of age and the actor is 5 or more years older than that other person; force or coercion is used to accomplish the sexual contact; the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless; that other person is related to the actor by blood or affinity to the third degree and the sexual contact occurs under circumstances not otherwise prohibited by this chapter; or the actor is a mental health professional and the sexual contact occurs during or within 2 years after the period in which the victim is his or her client or patient and not his or her spouse. Criminal sexual conduct in the fourth degree is a misdemeanor .
CSC Second Offense
According to the Michigan Penal Code, Section 750.520f states that if a person is convicted of a second or subsequent offense under section 520b, 520c, or 520d, the sentence imposed under those sections for the second or subsequent offense shall provide for a mandatory minimum sentence of at least 5 years1. An offense is considered a second or subsequent offense if, prior to conviction of the second or subsequent offense, the actor has at any time been convicted under section 520b, 520c, or 520d or under any similar statute of the United States or any state for a criminal sexual offense including rape, carnal knowledge, indecent liberties, gross indecency, or an attempt to commit such an offense.
Assault with Intent to Commit Criminal Sexual Conduct (CSC)
According to the Michigan Penal Code, Section 750.520g states that assault with intent to commit criminal sexual conduct involving sexual penetration shall be a felony punishable by imprisonment for not more than 10 years1. Assault with intent to commit criminal sexual conduct in the second degree is a felony punishable by imprisonment for not more than 5 years
You can find the relevant sections of the MCL here:
– MCL 750.520b: CSC in the first degree
– MCL 750.520c: CSC in the second degree
– MCL 750.520d: CSC in the third degree
– MCL 750.520e: CSC in the fourth degree
– MCL 750.520g: Assault with intent to commit CSC
