Sex crimes are given the name Criminal Sexual Conduct, or CSC. The varying degrees of CSC are below, and are generally crimes that involve unwanted touching or attempted touching of a sexual nature, the use of force and the presence of aggravating circumstances. The first step is to determine if the allegation involves penetration. Penetration includes sexual intercourse, anal intercourse, oral sex, or intrusion of any other body part or object into genital or anal openings. If the allegation includes penetration, it will into the category of 1st degree CSC or 3rd degree CSC.
If any of the following apply, the charge of 1st degree criminal sexual conduct will apply:
If the complaining witness is younger than 13 years old;
If the complaining witness is between 13 and 15, but related to the defendant, lives in the defendant’s household or if the defendant is in a position of authority to the complaining witness;
If the defendant is a teacher, substitute teacher, administrator of the school that the complaining witness younger than the age of 16 attends;
If the defendant is an employee or contract employee of a school within the school district the complaining witness attends;
If force or coercion was used to complete the penetration or if the complaining witness was incapacitated;
If there was a weapon used;
If there was force/coercion and a personal injury;
If the complaining witness was incapacitated, and there was personal injury;
If the defendant was in the process of committing another felony; or
If the defendant was engaged in the medical treatment or examination of the complaining witness for a purpose that was medically recognized as unethical or unacceptable.
If the allegation includes penetration and does not fit in the category of 1st degree criminal sexual conduct, it will be charged as 3rd degree criminal sexual conduct if any of the following apply:
If the complaining witness is between 13 and under 16 years old;
If there was force or coercion used;
If the defendant knew the complaining witness was mentally incapacitated or physically helpless
If the defendant is related to the complaining witness
If the complaining witness is between 16 and 18 years old and is a student in the school or district where the defendant teaches, is a substitute,
administrator, employee/contract service provider or serves as a volunteer.
If the complaining witness is between 16 and 26 and is receiving special education services and the defendant is a teacher, substitute teacher,
administrator, employee/contract service provider or volunteer of the district the complaining witness attends.
A conviction of a sex crime can have a life-altering impact. You need a criminal defense lawyer who knows how to prepare an aggressive defense.
