Criminal Sexual Conduct Charges in Michigan: Types, Degrees, & Penalties for Juveniles and Adults

Criminal sexual conduct, or CSC, is a crime in every state and carries different penalties depending on the degree charged.

If you are dealing with challenges relating to criminal sexual conduct in Michigan, understanding the different kinds of CSC charges is critical. Being charged with criminal sexual conduct can lead to life-altering consequences, which can include prison time, fines, restitution payments to the victim, loss of employment, and having to register as a sex offender. If a law enforcement officer contacts you to ask questions about a sexual encounter, do not speak with them but instead politely decline for now until you have a lawyer. What you say in an initial interview could have devastating consequences on your case.

Michigan CSC

In Michigan, when a person is charged with criminal sexual conduct, they might face one of four separate degrees, or classifications, of this crime. The penalties listed below are for adults. For juveniles, the penalties do not include prison or sex offender registration but generally include some term of probation instead. These include:

First-Degree CSC

A person can be charged with first-degree CSC in Michigan if sexual penetration occurs:

• With a victim who is under the age of 13.
• When the victim is over the age of 13 but under the age of 16, and the defendant is a blood relative.
• The victim was mentally incapacitated or physically helpless, and injury resulted.
• If the defendant is part of the same household as the victim.
• When the defendant is a teacher, school administrator, or in a position of authority over the victim.
• When a weapon is used.
• When there is physical or serious psychological injury to the victim as a result of the sexual act.

“Penetration” means sexual intercourse, oral sex, anal sex, digital penetration (fingering), and any penetration with an object.

In Michigan, CSC 1st Degree carries a penalty of 0-life in prison, or a mandatory minimum of 25 years in prison where the victim is under 13 years old. It results in a mandatory life sentence without parole for a person over the age of 18 convicted for a second offense involving criminal sexual conduct against a child under 13 years of age. CSC 1st Degree requires mandatory lifetime sex offender registration as a Tier III offender, as well as lifetime electronic monitoring (tether

Second-Degree CSC

In Michigan, CSC 2nd Degree can be charged for all the same reasons as CSC 1st Degree, but where there is no sexual “penetration.” In a CSC 2nd Degree charge, the allegation is that there was “sexual contact” without penetration, but that the sexual contact involved one of the same aggravating factors, such as causing physical or serious psychological injury or the victim was under 13 years of age.

The penalty for CSC 2nd degree in Michigan is 0-15 years in prison, lifetime electronic monitoring if the defendant was an adult and the victim was less than 13 years old, and either Tier II (25 years) or Tier III (lifetime) sex offender registration depending on the circumstances.

Third-Degree CSC

In Michigan, CSC 3rd degree occurs when there is sexual penetration involving any of the following:

• The victim is between the ages of 13 and 16 (no force or coercion required).
• The victim was 16 or older, but there was force or coercion (no injury).
• The victim was mentally incapacitated or physically helpless (no injury).
• The defendant is related to the victim within the third degree.
• The victim is between 16 and 18 years old, and the defendant is a teacher, administrator, or other school professional of the student.

In Michigan, CSC 3rd degree is also a felony, like CSC 1st and CSC 2nd. It carries a potential penalty of 0-15 years and Tier III sex offender registration (lifetime). There is no mandatory minimum penalty for CSC 3rd degree.

Fourth-Degree CSC

CSC 4th degree is a misdemeanor and occurs when there is sexual contact (no penetration) and where the aggravating factors of a CSC 2nd degree are not present. CSC 4th degree can occur, for example, for sexual contact when:

• The victim is between the ages of 13 and 16, and the defendant is at least five years older or more.
• Force of coercion was used to accomplish sexual
• The element of surprise was used to accomplish sexual
• The defendant should have been reasonably aware that the victim was mentally incapacitated, mentally incapable of offering consent, or physically helpless.
• The defendant was in a position of power over the victim, including in foster care, school, a group home, or other similar situations.

The penalty for CSC 4th degree in Michigan is up to 2 years in prison, and the offense is considered a high-court misdemeanor. Sex offender registration is required, which could be either Tier I (15 years), Tier II (25 years), or Tier III (lifetime) depending on the circumstances

FAQs

What is the Romeo and Juliet Law in Michigan?

In Michigan, there is a carve-out for sexual contact that occurs between people who are similar in age, where one person is under the age of consent of 16 years old. This Romeo and Juliet law falls under MCL 750.520e(1)(a), which states that it is not a crime to have sexual contact with a person age 13-16 if the older person is less than 5 years older than the younger person. This only applies to sexual contact, not penetration. In other words, sex between two people does not fall under the Romeo and Juliet exception even if the two are in a dating relationship. Sexual penetration with a person under 16 is a crime in Michigan no matter what because the law states that a person under age 16 cannot consent to sexual penetration.

Do Juveniles Have to Register on the Sex Offender Registry in Michigan?

No, juveniles are not subject to the sex offender registry in Michigan, as long as they are charged as juveniles rather than in adult criminal court. Even if the notice you receive in the mail states that the penalties include SORA registration (Sex Offender Registration Act), juveniles no longer register or appear on the sex offender registry in Michigan.

Will a Juvenile Go to Prison or Juvie for a Sex Offense in Michigan?

Rarely. In Michigan, juvenile detention is reserved for juveniles who cannot be controlled at home, who engage in repeated violations of court orders, who are truants, or who are engaged in drugs in such a way that the court does not feel that they can be kept safely at home with their families or guardians. The juvenile justice system in Michigan is designed to be corrective and restorative, rather than punitive, so sex offenses in Michigan generally result in some period of probation for a juvenile, but not jail or juvie. Probation can include community service, counseling, education, drug testing as needed, and meeting with a probation officer to check-in on progress.

Can I Make the Victim Take a Polygraph Exam for False Accusations of CSC?

No, you cannot make the victim take a polygraph exam, even if the accusation against you for criminal sexual conduct is completely false. In Michigan, law enforcement cannot ask a victim to take a polygraph. You have the option of taking a polygraph, but you need to discuss this carefully with your attorney before agreeing to it. A polygraph administered by the police may not be in your best interest, even if you are innocent of the crime you are charged with.

Can I Sue for False Allegations of Sexual Assault?

Sometimes. Most statements to police and during the criminal court process are not subject to defamation laws, but if the person is spreading false rumors about you in public that affect or damage your reputation in a tangible way, you could potentially sue for defamation. Additionally, if the alleged victim is found to have provided demonstrably false evidence to the police, they could be charged with false reporting. These are hard to prove unless the person confesses to providing false information, especially in a “he said/she said” situation where there are no witnesses. Even being acquitted at trial or having charges dropped against you is not normally enough to prove that the person provided false information to the police.

I’m Afraid I Will Get Attacked in Prison – Will I Be Protected?

Jails and prisons will designate each person in custody with a specific security level in line with what level of risk that person poses to the facility and to others. It is not uncommon for sex offenders to be placed in a lower security level because of their lack of prior criminal history, especially for offenses that did not involve a violent attack. Many CSC inmates fear that they will be targeted and harmed by more dangerous inmates. Jails and prisons will separate inmates in lower security levels from those in higher security levels to avoid this problem. Additionally, if there is a temporary risk to someone by a specific inmate or group of inmates, prisons can use “administrative segregation” to separate the inmates from the general population.

Is the Sex Offender Registry Public in Michigan?

Yes, in Michigan, the sex offender registry is public, except for a few exceptions that generally do not apply in criminal sexual conduct cases. This means that potential employers, landlords, friends, and neighbors can look up the information and see it. While this can present a major hurdle to employment, personal relationships, and housing, being on the sex offender registry does not mean you will never find housing or a job again. It can be more challenging, but it is not insurmountable.

How Can an Attorney Help Me?

When dealing with CSC charges, it is vital that you seek the help of an attorney as soon as you become aware of a potential allegation. Your attorney can:

• Speak to the police for you and politely decline to have you answer police questions.
• Help you preserve evidence in your case.
• Investigate and challenge the evidence against you.
• Challenge the testimony of any witnesses or of your accuser.
• Negotiate plea deals on your behalf when appropriate.
• Prepare you and your case for court trial.
• Find and prepare expert witnesses.

What Are Some Defenses Against CSC Charges?

Depending on the nature of the CSC charges you are facing, several defenses might apply. These can include that the accuser has given conflicting statements that undermine their credibility, that they have a motive to lie or exaggerate, or that their memory was impaired by alcohol or the passage of time. Additionally, a crucial difference between the different levels of CSC in Michigan is whether or not there was actually “penetration” or not, and casting reasonable doubt on penetration can mean a significant reduction in the charge and penalty. An attorney will also look for ways to undermine the strength of the investigation against you by pointing out weaknesses in the prosecution’s case and finding evidence that supports your innocence.

Speak With a Federal Sex Crime Lawyer Today

If you are facing any kind of criminal sexual conduct charge in the United States, the team at SBBL Law is here for you. Contact our offices today to learn more information and schedule a consultation.

See Related Posts:

• Are Title IX Investigations Public?
• How to Win a Title IX Case
• What is a Sexual Assault Charge? An In-Depth Overview of Sexual Crimes