Criminal sexual conduct charges in Michigan result in some of the harshest penalties upon conviction in the state of Michigan. Police officers and prosecutors take these charges very seriously and vigorously pursue those accused of these serious crimes. Criminal sexual conduct charges fall into four categories. This article will examine what those four categories are and the penalties for them.
First degree criminal sexual conduct in West Michigan.
The most serious of the Criminal Sexual Conduct charges are those of the 1st degree. This is a felony charge that can lead to life in prison. If a person engages in sexual penetration with a person under the age of 13, or a person under the age of 16 if both are related, in the same household, or if the defendant is in a position of authority, a charge of First Degree Criminal Sexual Conduct will be filed against the defendant.
This charge is punishable by up to life in prison. If a minor is involved, defendants convicted of this offense can face a mandatory minimum sentence of 25 years and lifetime electronic surveillance. All convicted CSC first degree offenders will remain on the Michigan Sex Offender Registry for life, unless they qualify for early removal.
Second Degree Criminal Sexual Conduct Charges in West Michigan
If a person has sexual contact but not penetration with a person under the age of 13, the person could be charged with criminal sexual conduct in the second degree. A person could also be charged with this offense if:
• the alleged victim is under 13 years of age
• the alleged victim is between the ages of 13 and 16 and the accused is a relative, in the same household, a teacher or school employee, a foster care provider, or other authority figure
• the sexual contact occurs while the defendant is committing another felony
• the alleged perpetrator is helped by another person or persons and knows that the victim is physically or mentally helpless
• the alleged perpetrator is assisted by one or more persons and uses force or coercion to achieve sexual contact
• the alleged perpetrator is armed with a weapon or an item used to imply the presence of a weapon
• the alleged perpetrator causes injury using force or coercion, or with knowledge that the alleged victim is physically or mentally incapable
It is important to understand what constitutes sexual contact. Unlike sexual penetration, sexual contact does not include the insertion of a body part or item into another person’s body cavity. The definition of sexual contact is:
“Sexual contact” includes intentional touching of the victim’s or actor’s private parts or intentional touching of clothing covering the immediate area of the victim’s or actor’s private parts, if such intentional contact can reasonably be construed for the purpose of (1) sexual arousal or gratification, (2) done for a sexual purpose, or (3) in a sexual manner to retaliate, inflict humiliation, or out of anger.
The maximum prison term for second degree criminal sexual conduct is 15 years. Also, you will be electronically monitored for the rest of your life if the victim was under 13 and you were over 17 at the time of the crime.
Third Degree Criminal Sexual Conduct Charges in West Michigan
If a person has sexual intercourse with a minor between the ages of 13 and 16 and uses force, coercion, or the alleged victim’s mental incapacity to achieve penetration, or if the alleged victim is between the ages of 16 and 18 and the defendant is a teacher or school employee, they could face charges of third degree felony criminal sexual conduct.
This charge can be punished with up to 15 years in prison.
Fourth degree criminal sexual conduct charges.
This charge occurs when there is contact without penetration. The maximum sentence for criminal sexual conduct in the fourth degree is two years.
Anyone facing criminal sexual conduct charges in Michigan needs an aggressive attorney on their side. Do not face your charges with a public defender. Call numerous lawyers in your city and schedule a free consultation with them. Then, after discussing his case with the attorneys you interview, hire the one you feel most comfortable with when it comes to defending his liberty and reputation.
