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When You’re Accused of Criminal Sexual Conduct in Michigan
Facing charges of Criminal Sexual Conduct (CSC) is one of the most serious legal situations a person can encounter. These cases carry the potential for life-changing penalties, including prison, sex offender registration, and long-term personal and professional consequences. Understanding Michigan’s CSC laws and securing experienced legal representation early is critical to protecting your rights and your future.
What Is Criminal Sexual Conduct in Michigan?
Criminal Sexual Conduct (CSC) refers to any allegation of unwanted sexual contact or sexual penetration that violates Michigan law. CSC includes conduct involving force, coercion, lack of consent, or situations where the other person cannot legally consent due to age, mental condition, or authority relationships.
In Michigan, CSC charges are categorized into four degrees, each with distinct elements and penalties (MCL 750.520b–750.520e).
The Four Degrees of Criminal Sexual Conduct
First-Degree Criminal Sexual Conduct
Definition: First-degree CSC (MCL 750.520b) involves sexual penetration with aggravating circumstances such as the use of force, a victim under age 13, or the presence of physical injury.
Examples:
- Sexual penetration with a child under 13.
- Penetration involving a weapon or threat of harm.
- Acts involving a person who is mentally incapacitated or physically helpless.
Penalties:
- Felony punishable by up to life imprisonment.
- Mandatory minimum 25-year sentence for offenses involving victims under 13.
- Lifetime sex offender registration and possible electronic monitoring.
Second-Degree Criminal Sexual Conduct
Definition: Second-degree CSC (MCL 750.520c) involves sexual contact without penetration, combined with aggravating factors similar to those in first-degree cases.
Examples:
- Sexual touching of a child under 13.
- Sexual contact using force, coercion, or a position of authority.
Penalties:
- Felony punishable by up to 15 years in prison.
- Sex offender registration and possible lifetime electronic monitoring.
Third-Degree Criminal Sexual Conduct
Definition: Third-degree CSC (MCL 750.520d) includes sexual penetration under certain conditions, such as force or coercion, or with a person between the ages of 13 and 16.
Examples:
- Penetration involving someone aged 13–15.
- Sexual activity with a person unable to consent due to incapacitation.
Penalties:
- Felony punishable by up to 15 years in prison.
- Lifetime Tier III sex offender registration.
Fourth-Degree Criminal Sexual Conduct
Definition: Fourth-degree CSC (MCL 750.520e) involves sexual contact without penetration and without the aggravating circumstances of first or second degree. It is considered a “high-court misdemeanor.”
Examples:
- Sexual touching of someone between ages 13 and 16 where the accused is five or more years older.
- Contact accomplished through force, coercion, or abuse of authority.
Penalties:
- Up to 2 years in prison or fines.
- Mandatory registration on the Sex Offender Registry.
Penalties and Long-Term Consequences
A conviction for Criminal Sexual Conduct can lead to:
- Lengthy incarceration (up to life imprisonment).
- Lifetime sex offender registration and electronic monitoring.
- Restrictions on housing, travel, and employment.
- Loss of professional licenses and reputational harm.
These consequences can persist long after a sentence ends, underscoring the need for early and skilled legal defense.
Sex Offender Registration and Monitoring Requirements
Michigan’s Sex Offender Registration Act (SORA) requires individuals convicted of CSC to register for 15 years, 25 years, or life, depending on the offense tier. Registration may include:
- Regular in-person verification with law enforcement.
- Residency and employment restrictions.
- Public disclosure of personal information.
Failure to comply with SORA requirements can lead to additional felony charges.
Common Defenses Against Criminal Sexual Conduct Charges
Every CSC case is unique, and the right defense depends on the facts. Common defense strategies may include:
- Consent: Demonstrating that the sexual act was voluntary and lawful.
- False Allegations: Exposing motives for fabrication or inconsistencies in the accuser’s statements.
- Lack of Evidence: Challenging the sufficiency or reliability of physical and testimonial evidence.
- Mistaken Identity: Presenting proof that another individual may be responsible.
- Procedural Errors: Arguing that law enforcement violated constitutional rights during the investigation or questioning.
Consent, Capacity, and the “Romeo and Juliet” Consideration in Michigan
In Michigan, a person under 16 cannot legally consent to sexual activity. However, Michigan’s “Romeo and Juliet” provision (MCL 750.520e(1)(a)) recognizes that close-in-age relationships may not warrant harsh penalties if the parties are fewer than five years apart in age and the conduct involved only sexual contact (not penetration).
Consent must be voluntary, informed, and free from coercion. Factors such as age, mental incapacity, or intoxication can affect whether true consent was possible.
What to Do If You Are Being Investigated or Charged
If contacted by police or accused of Criminal Sexual Conduct:
- Do not speak with law enforcement without an attorney. Anything said can be used against you.
- Avoid contacting the accuser. Even well-intentioned communication can harm your defense.
- Gather and preserve evidence, including messages, phone records, and witness names.
- Contact a defense attorney immediately. Early representation can prevent charges or reduce their severity.
Jeffrey Randa and Associates works proactively to protect clients during investigation and prosecution, ensuring every constitutional right is upheld.
Contact Our Michigan Criminal Defense Lawyers
If you are facing Criminal Sexual Conduct charges in Michigan, especially in Oakland, Macomb, Wayne, or surrounding Metro-Detroit counties, contact Jeffrey Randa and Associates today. With over 30 years of defense experience, our team provides confidential, strategic legal counsel focused on protecting your rights and future. Call now to schedule a consultation and discuss your case with a trusted Michigan defense attorney.
