Criminal Sexual Conduct in Michigan
Criminal sexual conduct in Michigan is the same as a sexual assault charge in other states. There are four different degrees of criminal sexual conduct charges which can be applied to cases in Oakland County. Not only can a criminal sexual conduct charge result in jail time and fines, but it can damage your reputation. Individuals convicted of criminal sexual conduct are often forced to have their names placed on the Michigan Public Sex Offender Registry for years, which allows individuals to know your place of residence and the nature of your crime.
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Fourth Degree Criminal Sexual Conduct
Fourth degree criminal sexual conduct involves a variety of different situations which are outlined in the Michigan Penal Code 750.520e. Consensual sexual activities between a minor that is between 13 and 16 years of age and an individual that is at least five years older than that person can be considered fourth degree criminal sexual conduct. Also, force or coercion in accomplishing sexual contact or sex with a mentally disability or physically helpless individual can result in this charge. Individuals charged with fourth degree criminal sexual conduct can face up to two years in prison and a fine up to $500.
Third Degree Criminal Sexual Conduct
Third degree CSC involves sexual acts with a minor between 13 and 16 or using force or coercion to commit sexual penetration. Also, individuals commit incest can be charged with this crime. Teachers, substitute teachers, administrators of a school or district, employees at a school, volunteers, or service providers at a school who have sexual relations with a student that is over 16 but under 18 can be charged with this crime. In addition, if the victim is between 16 and 26 and is a special needs child, any educational employees who have a sexual relationship with the victim may face this charge. Penalties for third degree CSC include up to 15 years in jail.
Second Degree Criminal Sexual Conduct
A large number of different sexual offenses can be considered a second degree CSC offense. For example, if the victim is under 13 the defendant will automatically be charged with this degree of offense. Also, if the defendant was armed with a weapon at the time of the sexual act, or if the defendant caused injury to the victim in the case, this can constitute a 2nd degree CSC. As well, in cases where the sexual contact occurs alongside another felony, this level will be used. This will result in up to 15 years of prison time in addition to lifetime monitoring.
First Degree Criminal Sexual Conduct
If a child is under 13 years of age, sexual penetration occurs accompanying another felony, or the accused preys on a mentally incapable individual or uses threats of future harm to solicit sex the crime will be charged as 1st degree CSC. Michigan law also states that when a person is injured during the sexual act or if the child Is between 13 and 16 and the accused is school employee or blood relative, this can lead to a 1st degree CSC charge. First degree CSC charges can result in lifetime imprisonment.
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