Criminal Sexual Conduct (CSC) – Michigan

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

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

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.

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