Criminal Sexual Conduct Defense

Michigan categorizes four degrees of Criminal Sexual Conduct (CSC):

1st Degree Criminal Sexual Conduct

(MCL 750.520b --- Felony --- prison term of life or any term of years, AIDS, HIV, STD testing) --- a sexual act involving penetration (sexual intercourse, anal intercourse, cunnilingus, fellatio, intrusion into any other body part or object in genital or anal openings) and any of the following:

  1. victim is under 13 years old
  2. victim is 13-15 years old + is a blood affiliation to the defendant, lives in the defendant's household, or the defendant is in an authority position to the victim
  3. multiple actors are involved and force/coercion was used to accomplish the sexual penetration or the victim is incapacitated (physically helpless, mentally incapacitated or mentally defective)
  4. weapon involved
  5. personal injury + force/coercion
  6. personal injury + victim incapacitated
  7. defendant/actor is in the process of committing another felony

2nd Degree Criminal Sexual Conduct

(MCL 750.520c --- Felony --- up to 15 years prison, AIDS, HIV, STD testing) --- sexual contact with the genital area, groin, inner thigh, buttock or breast, AND any of the circumstances listed for 1st Degree CSC.

3rd Degree Criminal Sexual Conduct

(MCL 750.520d --- Felony --- up to 15 years, AIDS, HIV, STD testing) --- sexual penetration and any of the following:

  1. victim is 13-15 years old
  2. force or coercion
  3. victim incapacitated

4th Degree Criminal Sexual Conduct

(MCL 750.520e --- High Court Misdemeanor --- up to 2 years in prison and/or $500.00 fine, AIDS,HIV,STD testing) --- sexual contact and any of the following:

  1. force or coercion
  2. victim incapacity
  3. defendant works for the Department of Corrections and the victim is an inmate

People convicted of CSC also must register on Michigan’s sex offender list.

A difficult aspect of a CSC defense is that the alleged victim of the crime does not require corroboration of their testimony at trial, nor must there be a showing of resistance by the victim. Moreover, a person can even be charged and convicted of CSC on a spouse.

Before proceeding on a defense without an attorney, learn your rights, possible defenses, and prospect of plea bargaining.

Contact attorney Joseph Cross direct at (877) OWI-LAWS to learn what avenues of defense or plea bargain may be available to you. You can also complete our Free Online Case Review and Mr. Cross will contact you.

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