Criminal Sexual Conduct (CSC) – Michigan

Criminal Sexual Conduct (CSC) – Michigan

Sep 12, 2024 | Criminal Sexual Conduct, Criminal Sexual Conduct (CSC), Criminal Sexual Conduct - Consent, Criminal Sexual Conduct - First Degree, Criminal Sexual Conduct - Fourth Degree, Criminal Sexual Conduct - Legal Defense, Criminal Sexual Conduct - Second Degree, Criminal Sexual Conduct - Third Degree

Criminal Sexual Conduct (CSC) in Michigan: Definitions, Penalties, and Legal References.

Criminal Sexual Conduct (CSC) is a set of laws in Michigan that define and penalize various forms of sexual offenses.

These laws are categorized into four degrees, with each degree reflecting the severity of the crime.

The Michigan Penal Code specifies these offenses, found under the Michigan Compiled Laws (MCL), and each degree has different elements and penalties.

First-Degree Criminal Sexual Conduct (MCL 750.520b)

First-degree CSC is the most severe form of sexual assault. It involves sexual penetration (oral, anal, or vaginal) and occurs under specific circumstances, such as:

  • The victim is under 13 years of age.
  • The victim is between 13 and 16, and the offender is in a position of authority (e.g., teacher, coach).
  • The assault involves the use of a weapon, physical injury, or threats.

Penalties: A person convicted of first-degree CSC faces a maximum penalty of life in prison. If the victim is under 13, the mandatory minimum is 25 years, with possible lifetime electronic monitoring.

First-degree CSC – MCL 750.520b

Second-Degree Criminal Sexual Conduct (MCL 750.520c)

Second-degree CSC involves sexual contact (fondling or touching for sexual purposes) rather than penetration. The circumstances are similar to first-degree but without penetration:

  • The victim is under 13 years old.
  • The victim is between 13 and 16, and the offender is a family member or in a position of authority.
  • The offender uses force or coercion.

Penalties: A conviction for second-degree CSC can result in up to 15 years in prison, with lifetime electronic monitoring if the victim is under 13.

Second-degree CSC – MCL 750.520c

Third-Degree Criminal Sexual Conduct (MCL 750.520d)

Third-degree CSC involves sexual penetration under less severe circumstances than first-degree, such as:

  • The victim is between 13 and 16 years old.
  • The act was achieved through force, coercion, or the victim’s inability to give consent (e.g., due to intoxication or mental incapacity).

Penalties: A person convicted of third-degree CSC faces up to 15 years in prison.

Third-degree CSC – MCL 750.520d

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Fourth-Degree Criminal Sexual Conduct (MCL 750.520e)

Fourth-degree CSC is the least severe and involves sexual contact without penetration. It can include unwanted touching and occurs under circumstances like:

  • The victim is between 13 and 16, and the offender is at least five years older.
  • The offender uses force or coercion.

Penalties: A conviction for fourth-degree CSC can result in up to two years in prison and a fine of up to $500.

Fourth-degree CSC – MCL 750.520e

Additional Information

Criminal sexual conduct convictions can lead to mandatory registration as a sex offender, especially if the victim is a minor. Michigan takes these offenses seriously, and those convicted can face lifelong consequences, including prison time and sex offender registration.

For more detailed definitions (MCL 750.520a) information on the statutes, you can review Michigan’s laws through the Michigan Legislature website.

Second or subsequent offense; penalty

  • In the event that an individual is convicted of a second or subsequent offense under sections 520b, 520c, or 520d, the resulting sentence for these offenses shall include a mandatory minimum of no less than 5 years.
  • For the purposes of this section, an offense is deemed a second or subsequent offense if, before the conviction of the second or subsequent offense, the individual has previously been convicted under section 520b, 520c, or 520d, or any comparable statute at the federal or state level for a criminal sexual offense, which includes but is not limited to rape, carnal knowledge, indecent liberties, gross indecency, or attempts to perpetrate such offenses.

Second or subsequent offense; penalty. MCL 750.520f

Criminal Sexual Conduct Articles

No Results Found

The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.

Note: This article provides a general overview and does not substitute for legal advice. Anyone charged with a CSC offense should consult an attorney for specific legal guidance.

Recent

The Police Took Your Cellphone – Now What?

The Police Took Your Cellphone – Now What?

Everything you have and say will be evidence used against you. The Police took your cellphone - Now what?After your arrest, you arrive at the police station where you go through the booking process, and your cellphone is taken from you. Once you are released, your...

read more
I’ve Been Accused of Criminal Sexual Conduct (CSC) in Michigan

I’ve Been Accused of Criminal Sexual Conduct (CSC) in Michigan

Sep 12, 2024 | Criminal Sexual Conduct, Criminal Sexual Conduct - Consent, Criminal Sexual Conduct - First Degree, Criminal Sexual Conduct - Fourth Degree, Criminal Sexual Conduct - Legal Defense, Criminal Sexual Conduct - Second Degree, Criminal Sexual Conduct - Third Degree

If you are innocent and falsely accused of Criminal Sexual Conduct (CSC) in Michigan

If you are innocent and falsely accused of Criminal Sexual Conduct (CSC) in Michigan, it is crucial to act carefully and strategically to protect your rights and ensure the truth comes out. Here’s what you need to know if you are innocent:

Remain Calm

Although being falsely accused is emotionally overwhelming, it’s important to stay calm. Panic, anger, or frustration can lead to mistakes that might harm your defense. Trust in the legal process and focus on clearing your name.

Exercise Your Right to Remain Silent

If law enforcement contacts you, do not speak to the police without a lawyer. Even if you are innocent, anything you say can be used against you or misinterpreted. Politely inform them that you will not answer any questions without your attorney present.

Do Not Contact the Accuser

It’s crucial to avoid contacting the person who accused you. Reaching out to the accuser could be interpreted as intimidation or harassment, and anything you say can be used against you. Communication should be handled exclusively through your attorney.

Hire a Criminal Defense Attorney Immediately

The first and most important step in defending yourself is to hire an experienced criminal defense attorney who specializes in CSC cases. A lawyer can guide you through the legal process, protect your rights, and ensure your side of the story is heard. They will:  
  • Investigate the accusations thoroughly.
  • Gather evidence to prove your innocence.
  • Challenge the prosecution’s case and the credibility of the accuser.

Gather Evidence and Witnesses

To defend yourself, you need to gather any evidence that supports your version of events. This can include:

  • Alibi Evidence: If you were not at the location where the alleged incident took place, collect evidence such as witness statements, surveillance footage, or phone records that show your location.
  • Electronic Communications: Text messages, emails, social media posts, or any other communication that proves the relationship between you and the accuser or contradicts the claims made.
  • Witness Testimonies: If anyone was with you or near the alleged incident, their testimony could help establish your innocence or prove the accusation is false.

Your attorney will help you collect and organize this evidence in a way that strengthens your defense.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Use You Right To Remain Silent

If you have been accused or charged with a crime.
Say nothing to anyone. Talk to us first.
Our firm is experienced in both State and Federal courts defending clients.

CALL NOW

248-357-2550

Prepare for the Possibility of Trial

Even if you are innocent, the case may go to trial. While some cases are dismissed before trial due to lack of evidence, you should be prepared to fight the accusations in court. During the trial, your attorney will present evidence, cross-examine witnesses, and challenge the prosecution’s case to prove your innocence.

Understand the Stakes

A conviction for CSC can lead to severe penalties, including long-term imprisonment, mandatory sex offender registration, and significant damage to your reputation and personal life. However, if you are innocent, you have the right to fight these charges with a strong defense.

Work on Your Defense Strategy

Your lawyer will develop a defense strategy that fits the specifics of your case. Common defenses in false accusations include:  
  • Proving an Alibi: If you were not present at the time or location of the alleged crime, providing a strong alibi can be key to disproving the accusations.
  • Challenging the Accuser’s Credibility: Your attorney may investigate the accuser’s motives for making false claims, look for inconsistencies in their story, or find evidence that contradicts their statements.
  • Presenting Character Evidence: In some cases, people who know you well can testify to your character and provide insight into your behavior, helping to show that you are not the type of person to commit such a crime.

Conclusion

If you are innocent of CSC charges, it’s essential to be proactive and methodical in your defense. With the help of a skilled defense attorney, you can gather the necessary evidence, challenge the accusations, and fight to clear your name. Remember to stay calm, avoid speaking without legal counsel, and trust in the legal process to prove your innocence.

Note: This article provides a general overview and does not substitute for legal advice. Anyone charged with a CSC offense should consult an attorney for specific legal guidance.

Recent

The Police Took Your Cellphone – Now What?

The Police Took Your Cellphone – Now What?

Everything you have and say will be evidence used against you. The Police took your cellphone - Now what?After your arrest, you arrive at the police station where you go through the booking process, and your cellphone is taken from you. Once you are released, your...

read more
Carrying a Firearm Under the Influence of Cannabis

Carrying a Firearm Under the Influence of Cannabis

Sep 11, 2024 | Michigan Laws

Laws and Penalties in Michigan of Carrying a Concealed Firearm or EMD Under the Influence of a Controlled Substance.

Michigan controlled substance info at end of article and yes cannabis is still a controlled substance 1 at the time of this article… but it is an election year.

Under the influence of alcohol or a controlled substance while driving, walking, anything, etc…

An individual shall not

  • An individual shall not carry a concealed pistol or portable device that uses electro-muscular disruption (EMD) technology while under the influence a controlled substance.

Implied Consent

  • Acceptance of a Michigan Concealed Pistol License (CPL) constitutes implied consent to submit to a chemical test to detect use of alcoholic liquor or a controlled substance.

Probable Cause

  • A police officer who has probable cause to believe an individual is carrying a concealed pistol or EMD device while under the influence a controlled substance may require the individual to submit to a chemical analysis of his or her breath, blood, or urine.

Penalties

  • An individual carrying a concealed pistol or EMD device with a prohibited BAC or determined through a drug recognition expert and blood test is subject to immediate seizure of his or her pistol and the following penalties:

 

    • BAC of .02 – .07 = State civil infraction, $100 fine, and 1-year CPL suspension.
    • BAC of .08 – .09 = 93-day misdemeanor, $100 fine, and 3-year CPL suspension.
    • BAC of .10 or more, or under the influence of alcoholic liquor or a controlled substance = 93-day misdemeanor, $100 fine, and CPL revocation.

What you can do when you’re under the influence.

An individual who has an unlawful bodily alcohol content may do the following:

  • Transport a pistol in the locked trunk of a motor vehicle or, if the vehicle does not have a trunk, transport the pistol unloaded in a locked compartment or container that is separated from the ammunition for that pistol.
  • Transport a pistol on a vessel if the pistol is transported unloaded in a locked compartment or container that is separated from the ammunition for that pistol.
  • Transport an EMD device in the locked trunk of a motor vehicle or, if the vehicle does not have a trunk, transport the EMD device in a locked compartment or container.
  • Transport an EMD device on a vessel if the EMD device is transported in a locked compartment or container.

And… Then when you get pulled over for DUI they will take it anyway. That’s when you need more than just average legal help you need Komorn Law.

See CPL stats report below

Michigan CPL Report Stats 

More detailed Reasons for Approvals/Denials/Charges

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Michigan’s Definition of a Controlled Substance

Under Michigan law, a controlled substance is any substance that is classified in Schedule 1 through 5 of the Controlled Substances Act. This classification system is based on the potential for abuse, dependence, and medical use of the substance.

Key Points about Controlled Substances in Michigan:

Classification: Substances are categorized into five schedules based on their potential for abuse and medical utility.

Schedule 1: These substances have a high potential for abuse and no currently accepted medical use in treatment. Examples include heroin, LSD, and marijuana. 

Schedule 2: These substances have a high potential for abuse and a currently accepted medical use in treatment. Examples include cocaine, morphine, and methamphetamine.  

Schedule 3: These substances have a moderate potential for abuse and a currently accepted medical use in treatment. Examples include codeine, anabolic steroids, and ketamine.  

Schedule 4: These substances have a low potential for abuse and a currently accepted medical use in treatment. Examples include Valium, Xanax, and Darvon.  

Schedule 5: These substances have a low potential for abuse and a currently accepted medical use in treatment. Examples include cough syrups containing codeine.

For more detailed information, you can refer to the Michigan Legislature’s website:

PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978
Article 7
CONTROLLED SUBSTANCES
Click Here

 

Oh yeah – You probably should not be driving while consuming cannabis and posessing a gun as pictured. Triple play for law enforcement.

Recent

The Police Took Your Cellphone – Now What?

The Police Took Your Cellphone – Now What?

Everything you have and say will be evidence used against you. The Police took your cellphone - Now what?After your arrest, you arrive at the police station where you go through the booking process, and your cellphone is taken from you. Once you are released, your...

read more
Carrying a Firearm Under the Influence of Alcohol in Michigan

Carrying a Firearm Under the Influence of Alcohol in Michigan

Sep 10, 2024 | Michigan Laws

Laws and Penalties in Michigan of Carrying a Concealed Firearm or EMD Under the Influence of Alcohol or Controlled Substance

An individual shall not

  • An individual shall not carry a concealed pistol or portable device that uses electro-muscular disruption (EMD) technology while under the influence of alcoholic liquor or a controlled substance or while having a bodily alcohol content of .02 BAC or above.

Implied Consent

  • Acceptance of a Michigan Concealed Pistol License (CPL) constitutes implied consent to submit to a chemical test to detect use of alcoholic liquor or a controlled substance.

Probable Cause

  • A police officer who has probable cause to believe an individual is carrying a concealed pistol or EMD device while under the influence of alcoholic liquor or a controlled substance or while having an unlawful bodily alcohol content may require the individual to submit to a chemical analysis of his or her breath, blood, or urine.

Penalties

  • An individual carrying a concealed pistol or EMD device with a prohibited BAC is subject to immediate seizure of his or her pistol and the following penalties:

 

    • BAC of .02 – .07 = State civil infraction, $100 fine, and 1-year CPL suspension.
    • BAC of .08 – .09 = 93-day misdemeanor, $100 fine, and 3-year CPL suspension.
    • BAC of .10 or more, or under the influence of alcoholic liquor or a controlled substance = 93-day misdemeanor, $100 fine, and CPL revocation.

What you can do when you’re under the influence.

An individual who has an unlawful bodily alcohol content may do the following:

  • Transport a pistol in the locked trunk of a motor vehicle or, if the vehicle does not have a trunk, transport the pistol unloaded in a locked compartment or container that is separated from the ammunition for that pistol.
  • Transport a pistol on a vessel if the pistol is transported unloaded in a locked compartment or container that is separated from the ammunition for that pistol.
  • Transport an EMD device in the locked trunk of a motor vehicle or, if the vehicle does not have a trunk, transport the EMD device in a locked compartment or container.
  • Transport an EMD device on a vessel if the EMD device is transported in a locked compartment or container.

And… Then when you get pulled over for DUI they will take it anyway. That’s when you need more than just average legal help.

See CPL stats report below

Legal Help

If you’re facing charges for a firearm offense while under the influence of alcohol or a controlled substance in Michigan, it’s essential to seek legal counsel immediately. A trained and experienced DUI attorney can provide guidance potentially helping to mitigate penalties or even challenge the charges.

Legal defense Attorney Michael Komorn is trained and certified in Field Sobriety Tests (FST), Horizontal Gaze Nystagmus and the infamous breathalyzer and has been representing clients charged with DUI and alleged crimes since 1993. Call Komorn Law 248-357-2550 when you’re ready to challenge DUI or any alleged criminal charges.

Michigan CPL Report Stats 

More detailed Reasons for Approvals/Denials/Charges

 

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Recent

The Police Took Your Cellphone – Now What?

The Police Took Your Cellphone – Now What?

Everything you have and say will be evidence used against you. The Police took your cellphone - Now what?After your arrest, you arrive at the police station where you go through the booking process, and your cellphone is taken from you. Once you are released, your...

read more

Other Articles

Vehicle Forfeiture in Canada – The Process of Taking

Vehicle Forfeiture in Canada – The Process of Taking

Thank You... and have a nice day eh!Disclaimer: We are not Attorneys in Canada.  This is an article of information obtained from various sources and presented here. We can only assume they are accurate.  If you ever find a reason to go to Canada and need a lawyer...we...

THC Associated with Increase of Survival Time in Palliative Cancer

THC Associated with Increase of Survival Time in Palliative Cancer

Summary from the official government website (Link Below)The Use of Tetrahydrocannabinol Is Associated with an Increase in Survival Time in Palliative Cancer Patients: A Retrospective Multicenter Cohort StudyThe study, conducted by researchers in Germany, analyzed...

Justice Department Submits Proposal to Reschedule Marijuana

Justice Department Submits Proposal to Reschedule Marijuana

Proposed Rule Seeks to Move Marijuana from Schedule I to Schedule III, Emphasizing its Currently Accepted Medical Use in Treatment in the United StatesThe Justice Department announced today that the Attorney General has initiated a formal rulemaking process to...

Are there exceptions that justify warrantless searches?

Are there exceptions that justify warrantless searches?

Sep 6, 2024 | Know Your Rights, Your Rights

Exceptions to your 4th Amendment Rights against Search and Seizure (more to come).

The Fourth Amendment of the U.S. Constitution safeguards citizens by prohibiting unreasonable searches and seizures and generally mandates the necessity of a warrant for such intrusions.

However, there are specific contexts where warrant requirements are relaxed or not applicable. Here are six notable exceptions:

Border Searches

At U.S. borders and international points of entry, law enforcement officials have broad authority to conduct searches without a warrant. This includes searching individuals, vehicles, and luggage. The rationale is that the government has a sovereign interest in protecting its borders and regulating who and what enters the country. These searches are considered reasonable under the Fourth Amendment due to the national security interests at stake.

Drug Testing

Drug testing by government employers, schools, or other institutions can occur without a warrant or individualized suspicion in certain circumstances. For example, random drug testing of student-athletes or employees in safety-sensitive positions is allowed. The Supreme Court has upheld such practices, balancing the government’s interest in safety and public welfare against individual privacy rights.

National Security

In matters of national security, the government can conduct searches without a warrant under specific conditions, such as through the Foreign Intelligence Surveillance Act (FISA). These searches are typically related to monitoring foreign spies, terrorists, or other national security threats. The courts have generally granted the government greater leeway in these cases, recognizing the unique and urgent nature of national security concerns.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

School Searches

School officials have the authority to search students and their belongings without a warrant, provided they have reasonable suspicion that the student has violated a school rule or law. The standard for these searches is lower than in other contexts because schools are responsible for maintaining a safe and orderly environment conducive to education.

Searches of Prisoners, Parolees, and Probationers

Individuals owned by the criminal justice system, such as prisoners, parolees, and probationers, have a reduced expectation of privacy. Warrantless searches of these individuals and their property are permitted under the terms of their incarceration, parole, or probation. These searches are justified by the government’s interest in maintaining security and ensuring compliance with the terms of their release.

Workplace Searches

Government employers can conduct warrantless searches of employees’ workspaces, particularly if there is a reasonable suspicion of work-related misconduct or if the search is part of a general policy to ensure workplace efficiency and security. The expectation of privacy in a government workplace is lower, especially when the area searched is related to work rather than personal activities.

These exceptions illustrate the balance between individual rights and the government’s need to ensure safety, security, and efficiency in specific contexts where the warrant requirement is not strictly enforced.

Are there more? Yes.

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

Tap to Call Komorn Law Now

Do you know what to do if you are pulled over by a police officer?

Below is some information that can help to make a traffic stop less stressful and safer for everyone.

  • First, when you notice emergency lights behind you, pull over to the right side of the road as soon as it’s safe to do so. Keep calm and try to remain still. Stay in your vehicle, open the driver’s side window and keep your hands in sight on the steering wheel.
  • When the officer asks, provide your driver’s license, vehicle registration and proof of insurance. At this point in the traffic stop, the officer should tell you why you were stopped. If he or she doesn’t, it’s okay to inquire about the reason for the stop once you have provided your driver’s license, vehicle registration and proof of insurance. When addressing the officer, speak with the same level of respect you expect from him or her.
  • If the officer issues you a citation, don’t argue the reason for it during the traffic stop. The best and most appropriate place to dispute a citation is in court.
  • When the officer tells you it’s okay to leave, make sure your seat belt is buckled and that it’s safe to enter the roadway before pulling out. As you get back on the road, follow all traffic laws, including using your turn signal. The officer will likely remain on the side of the road, with lights activated, until you have safely re-entered traffic.

If you feel the officer acted inappropriately or didn’t treat you fairly, it’s okay to follow up with a phone call to his or her supervisor.

Source: Michigan Government

Recent

The Police Took Your Cellphone – Now What?

The Police Took Your Cellphone – Now What?

Everything you have and say will be evidence used against you. The Police took your cellphone - Now what?After your arrest, you arrive at the police station where you go through the booking process, and your cellphone is taken from you. Once you are released, your...

read more

Other Articles

No Results Found

The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.