Criminal Sexual Conduct is a charge that may result from sexual contact or penetration with a minor; sex acts accomplished using force or coercion, sexual assault, sex acts committed by an authority figure, or other criminal actions. There are four varying degrees of CSC in Michigan, each with a different set of possible criminal penalties. CSC in the 1st, 2nd, or 3rd degree can result in a felony conviction, while 4th degree CSC is a misdemeanor charge. The following is the complete explanation of the 4 Degrees of criminal sexual conduct, keep reading.
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.
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.
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.
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.
If arrested for a sex offense, contact a lawyer immediately to learn more about which specific laws pertain to your situation.
