A. Criminal Sexual Conduct—First Degree
CSC I is not only the most serious penetration offense, it is also the most serious CSC offense. It involves sexual penetration coupled with any one of the "circumstances" described in the statute, MCL 750.520b.
1. CSC 1st Degree - law
MCL 750.520b (CSC I—Penetration) provides:
"(1) A person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration with another person and if any of the following circumstances exists:
"(a) That other person is under 13 years of age.
"(b) That other person is at least 13 but less than 16 years of age and any of the following:
"(i) The actor is a member of the same household as the victim.
"(ii) The actor is related to the victim by blood or affinity to the fourth degree.
"(iii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.
"(c) Sexual penetration occurs under circumstances involving the commission of any other felony.
"(d) The actor is aided or abetted by 1 or more other persons and either of the following circumstances exists:
"(i) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
"(ii) The actor uses force or coercion to accomplish the sexual penetration. Force or coercion includes but is not limited to any of the circumstances listed in subdivision (f)( i) to (v).
"(e) The actor is armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon.
"(f) The actor causes personal injury to the victim and force or coercion is used to accomplish sexual penetration. Force or coercion includes but is not limited to any of the following circumstances:
"(i) When the actor overcomes the victim through the actual application of physical force or physical violence.
"(ii) When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute these threats.
"(iii) When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute this threat. As used in this subdivision, 'to retaliate' includes threats of physical punishment, kidnapping, or extortion.
"(iv) When the actor engages in the medical treatment or examination of the victim in a manner or for purposes which are medically recognized as unethical or unacceptable.
"(v) When the actor, through concealment or by the element of surprise, is able to overcome the victim.
"(g) The actor causes personal injury to the victim, and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
"(h) That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following:
"(i) The actor is related to the victim by blood or affinity to the fourth degree.
"(ii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.
"(2) Criminal sexual conduct in the first degree is a felony punishable by imprisonment in the state prison for life or for any term of years."
2. Elements of CSC 1st Degree
The elements of MCL 750.520b (CSC I—Penetration) are:
1) First, that the defendant engaged in sexual penetration* with the victim; and,
2) Second, that one of the following statutory circumstances exists:
a) The victim was under 13 years of age at the time of the sexual penetration;
b) The victim was at least 13 but less than 16 years of age at the time of the sexual penetration, and any of the following:
(i) the defendant was a member of the same household* as the victim;
(ii) the defendant was related to the victim by blood or affinity to the fourth degree; or
(iii) the defendant was in a position of authority over the victim and used this authority to coerce the victim to submit.
c) The sexual penetration occurred under circumstances that also involved the commission of any other felony;
d) The defendant was aided or abetted by 1 or more other persons and any of the following:
(i) The defendant knew or should have known the victim was mentally incapable, mentally incapacitated, or physically helpless; or
(ii) the defendant used force or coercion to accomplish the sexual penetration and was assisted by another person, who either did something or gave encouragement to assist the commission of the crime;
e) The defendant was armed at the time with any of the following:
(i) a weapon;
(ii) an object capable of causing physical injury that the defendant used as a weapon; or
(iii) an object used or fashioned in a manner to lead the victim to reasonably believe that it was a weapon.
f) The defendant caused personal injury to the victim and force or coercion was used to accomplish sexual penetration;
g) The defendant caused personal injury to the victim and the defendant knew or should have known the victim was mentally incapable, mentally incapacitated, or physically helpless at the time of the sexual penetration; was mentally incapable, mentally incapacitated, or physically helpless at the time of the sexual penetration, and any of the following:
(i) the defendant was related to the victim by blood or affinity to the fourth degree; or, was in a position of authority over the victim and used this authority to coerce the victim to submit.
3. Intent
CSC 1st degree is a general intent crime.
4. Penalties
A violation of MCL 750.520b (CSC I—Penetration) is a felony punishable by imprisonment for life or for any term of years.
CSC I is a non-probationable offense for adult defendants.
5. Sex Offender Registration
CSC I is a "listed offense" under the Sex Offenders Registration Act (SORA).
B. Criminal Sexual Conduct—Third Degree
CSC III involves sexual penetration coupled with any one of the "circumstances" described in the statute, MCL 750.520d.
1. Statutory Authority
MCL 750.520d (CSC III—Penetration) provides:
"(1) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exist:
"(a) That other person is at least 13 years of age and under 16 years of age.
"(b) Force or coercion is used to accomplish the sexual penetration.
"(c) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
"(d) That other person is related to the actor by blood or affinity to the third degree and the sexual penetration occurs under circumstances not otherwise prohibited by this chapter.
"(2) Criminal sexual conduct in the third degree is a felony punishable by imprisonment for not more than 15 years."
2. Elements of Offense
The elements of MCL 750.520(d) (CSC III—Penetration) are:
1) First, that the defendant engaged in sexual penetration with the victim; and
2) Second, that one of the following statutory circumstances exists:
a) The victim was at least 13 but under 16 years of age at the time of the sexual penetration;
b) The defendant used force or coercion to commit the sexual penetration;
c) The defendant knew or should have known the victim was mentally incapable, mentally incapacitated, or physically helpless at the time of the sexual penetration; or,
d) The victim was related to the defendant by blood or affinity to the third degree and the sexual penetration occurred under circumstances not otherwise prohibited by the criminal sexual conduct statutes.
3. Intent
CSC III is a general intent crime.
4. Penalties
A violation of MCL 750.520d (CSC III—Penetration) is a felony punishable by imprisonment for not more than 15 years. The court usually must sentence a guilty defendant to prison, however there are some exceptions to that law.
5. Sex Offender Registration
CSC III is a "listed offense" under the Sex Offenders Registration Act (SORA).
C. Criminal Sexual Conduct—Second Degree
CSC 2nd degree involves some form of sexual touching or contact.
1. CSC 2nd Degree – the Law
MCL 750.520c (CSC II—Contact) provides:
"(1) A person is guilty of criminal sexual conduct in the second degree if the person engages in sexual contact with another person and if any of the following circumstances exists:
"(a) That other person is under 13 years of age.
"(b) That other person is at least 13 but less than 16 years of age and any of the following:
"(i) The actor is a member of the same household as the victim.
"(ii) The actor is related by blood or affinity to the fourth degree to the victim.
"(iii) The actor is in a position of authority over the victim and the actor used this authority to coerce the victim to submit.
"(c) Sexual contact occurs under circumstances involving the commission of any other felony.
"(d) The actor is aided or abetted by 1 or more other persons and either of the following circumstances exists:
"(i) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
"(ii) The actor uses force or coercion to accomplish the sexual contact.
"(e) The actor is armed with a weapon, or any article used or fashioned in a manner to lead a person to reasonably believe it to be a weapon.
"(f) The actor causes personal injury to the victim and force or coercion is used to accomplish sexual contact. Force or coercion includes, but is not limited to, any of the circumstances listed in section 520b(1)(f)(i) to (v ).
"(g) The actor causes personal injury to the victim and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
"(h) That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following:
"(i) The actor is related to the victim by blood or affinity to the fourth degree.
"(ii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.
"(i) That other person is under the jurisdiction of the department of corrections and the actor is an employee or a contractual employee of, or a volunteer with, the department of corrections who knows that the other person is under the jurisdiction of the department of corrections.
"(j) That other person is under the jurisdiction of the department of corrections and the actor is an employee or a contractual employee of, or a volunteer with, a private vendor that operates a youth correctional facility under section 20g of 1953 PA 232, MCL 791.220g, who knows that the other person is under the jurisdiction of the department of corrections.
"(k) That other person is a prisoner or probationer under the jurisdiction of a county for purposes of imprisonment or a work program or other probationary program and the actor is an employee or a contractual employee of or a volunteer with the county or the department of corrections who knows that the other person is under the county's jurisdiction.
"(l) The actor knows or has reason to know that a court has detained the victim in a facility while the victim is awaiting a trial or hearing, or committed the victim to a facility as a result of the victim having been found responsible for committing an act that would be a crime if committed by an adult, and the actor is an employee or contractual employee of, or a volunteer with, the facility in which the victim is detained or to which the victim was committed.
"(2) Criminal sexual conduct in the second degree is a felony punishable by imprisonment for not more than 15 years."
2. Elements of Offense
The elements of MCL 750.520c (CSC II—Contact) are as follows:
1) First, that the defendant engaged in sexual contact with the victim;
2) Second, that the sexual contact can reasonably be construed as being for the purpose of sexual arousal or gratification, done for a sexual purpose, or in a sexual manner for revenge, to inflict humiliation, or out of anger; and,
3) Third, that one of the following statutory circumstances exists:
a) The victim was under 13 years of age* at the time of the sexual contact;
b) The victim was at least 13 but less than 16 years of age at the time of the sexual contact, and any of the following:
(i) the defendant was a member of the same household as the victim;
(ii) the defendant was related to the victim by blood or affinity * to the fourth degree; or
(iii) the defendant was in a position of authority over the victim and used this authority to coerce the victim to submit.
c) contact occurred under circumstances that also involved the commission of a felony;
d) The defendant was aided or abetted by 1 or more other persons and any of the following:
(i) The defendant knew or should have known the victim was mentally incapable, mentally incapacitated, or physically helpless; or
(ii) the defendant used force or coercion to accomplish the sexual contact, and was assisted by another person, who either did something or gave encouragement to assist the commission of the crime;
e) The defendant was armed at the time with any of the following:
(i) a weapon;
(ii) an object capable of causing physical injury that the defendant used as a weapon; or
(iii) an object used or fashioned in a manner to lead the victim to reasonably believe that it was a weapon.
f) The defendant caused personal injury to the victim and force or coercion was used to accomplish sexual contact;
g) The defendant caused personal injury to the victim and the defendant knew or should have known the victim was mentally incapable, mentally incapacitated, or physically helpless at the time of the sexual contact;
h) The victim was mentally incapable, mentally incapacitated, or physically helpless at the time of the sexual contact, and any of the following:
(i) the defendant was related to the victim by blood or affinity to the fourth degree; or,
(ii) the defendant was in a position of authority over the victim and used this authority to coerce the victim to submit.
3. Intent
CSC II is a general intent crime.
4. Penalties
A violation of MCL 750.520c (CSC II—Contact) is a felony punishable by imprisonment for not more than 15 years.
CSC II is a probationable offense for adult offenders.
5. Sex Offender Registration
CSC II is a "listed offense" under the Sex Offenders Registration Act (SORA).
D. Criminal Sexual Conduct—Fourth Degree
CSC IV involves sexual contact coupled with any one of the "circumstances"
described in the statute.
1. CSC 4th Degree – The Law
MCL 750.520e (CSC IV—Contact) provides:
"(1) A person is guilty of criminal sexual conduct in the fourth degree if he or she engages in sexual contact with another person and if any of the following circumstances exist:
"(a) That other person is at least 13 years of age but less than 16 years of age, and the actor is 5 or more years older than that other person.
"(b) Force or coercion is used to accomplish the sexual contact. Force or coercion includes, but is not limited to, any of the following circumstances:
"(i) When the actor overcomes the victim through the actual application of physical force or physical violence.
"(ii) When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute that threat.
"(iii) When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute that threat. As used in this subparagraph, 'to retaliate' includes threats of physical punishment, kidnapping, or extortion.
"(iv) When the actor engages in the medical treatment or examination of the victim in a manner or for purposes which are medically recognized as unethical or unacceptable.
"(v) When the actor achieves the sexual contact through concealment or by the element of surprise.
"(c) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
"(d) That other person is related to the actor by blood or affinity to the third degree and the sexual contact occurs under circumstances not otherwise prohibited by this chapter. It is an affirmative defense to a prosecution under this subdivision that the other person was in a position of authority over the defendant and used this authority to coerce the defendant to violate this subdivision. The defendant has the burden of proving this defense by a preponderance of the evidence. This subdivision does not apply if both persons are lawfully married to each other at the time of the alleged violation.
"(e) The actor is a mental health professional and the sexual contact occurs during or within 2 years after the period in which the victim is his or her client or patient and not his or her spouse. The consent of the victim is not a defense to a prosecution under this subdivision. This does not indicate that the victim is mentally incompetent.
"(2) Criminal sexual conduct in the fourth degree is a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $500.00, or both." This is known as a high court misdemeanor or a Circuit Court misdemeanor. Both of those terms are deceptive and can be a trap for the unknowing. Despite the fact that CSC 4th degree is called a misdemeanor, it is treated as though it were a felony for all other purposes.
2. Elements of Offense
The elements of MCL 750.520e (CSC IV—Contact) are:
1) First, that the defendant engaged in sexual contact with the victim;
2) Second, that the sexual contact can reasonably be construed as being for the purpose of sexual arousal or gratification, done for a sexual purpose, or in a sexual manner for revenge, to inflict humiliation, or out of anger; and,
3) Third, that one of the following statutory circumstances exists:
a) The victim was at least 13 but less than 16 years of age, and the defendant was five or more years older than the victim;
b) The defendant used force or coercion to commit the sexual contact;
c) The defendant knew or should have known the victim was mentally incapable, mentally incapacitated, or physically helpless at the time of the sexual contact;
d) The victim was related to the defendant by blood or affinity to the third degree and the sexual contact occurred under circumstances not otherwise prohibited by the criminal sexual conduct offenses.
3. Intent
CSC IV is a general intent crime.
4. Penalties
A violation of MCL 750.520e (CSC IV—Contact) is a "high court" or “Circuit Court” misdemeanor punishable by imprisonment for not more than 2 years, or a maximum fine of $500.00, or both. One should not be deceived by the term "high court/ Circuit Court misdemeanor" which is treated as a felony for all purposes under Michigan law.
CSC IV is a probationable offense for adult offenders.
5. Sex Offender Registration
CSC IV is a "listed offense" under the Sex Offenders Registration Act (SORA).
Free attorney consultation: Fill out our contact form or call 1-866-766-5245 twenty-four hours a day, seven days a week to talk to an experienced Michigan defense lawyer about your criminal sexual conduct case. Our attorneys represent clients throughout Michigan, including Lansing, Grand Rapids, Muskegon, Holland, Kalamazoo, Battle Creek, Detroit, Saginaw and Flint.
