Michigan Criminal Sexual Conduct
Michigan Sex Crime Attorneys
Many of Michigan's sex crimes are charged under the Criminal Sexual Conduct (CSC) laws. There are four degrees of CSC in Michigan, with first degree and third degree involving "sexual penetration" and second degree and fourth degree involving "sexual contact." There are a number of factors that go into determining with which degree of CSC the defendant will be charged.
It is important to note that a conviction for any of the four degrees of Criminal Sexual Conduct will result in very serious consequences. This can include years spent in prison and inclusion on Michigan's sex offender registry.
The serious nature of these charges makes it necessary to hire a highly-skilled and experienced sex crime defense lawyer. At Kronzek & Cronkright, PLLC, we are not afraid to fight Michigan sex crime charges. In fact, at any given time, we represent many people who have been charged with state or federal sex crimes. You can see here how we have successfully handled these cases.
Definitions
Throughout the Michigan sex crime laws, there are certain terms that are often used. We have compiled a list of some of these terms and their definitions:
Force or Coercion--This includes, but is not limited to:
- (1) when the defendant overcomes the victim through the actual application of
- physical force or physical violence, or
- (2) when the defendant coerces the victim to submit by threatening to use force of violence on the victim, and the victim believes that the actor has the present ability to execute these threats, or
- (3) when the defendant coerces the victim to submit by threatening to physically punish, kidnap, or extort in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute this threat, or
- (4) when the defendant engages in the medical treatment or examination of the victim in a manner or for purposes that are medically recognized as unethical or unacceptable, or
- (5) when the defendant, through concealment or by the element of surprise, is able to overcome the victim.
Intimate Parts--The primary genital area, groin, inner thigh, buttock, or breast of a human being.
Mental Health Professional--An individual trained and experienced in the area of mental illness or developmental disabilities and who is licensed under Michigan's health code to be one of the following:
- (1) a physician who is licensed to practice medicine or osteopathic medicine and surgery, or
- (2) a psychologist, or
- (3) a registered professional nurse, or
- (4) before July 1, 2005: a certified social worker; after July 1, 2005: a licensed master's social worker, or
- (5) a licensed professional counselor, or
- (6) a marriage and family therapist.
Mentally Incapable--Suffering from a mental disease or defect that renders that person temporarily or permanently incapable of appraising the nature of his or her conduct.
Mentally Incapacitated--When a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or other substance administered to that person without his or her consent, or due to any other act committed upon that person without his or her consent.
Personal Injury--Bodily injury, disfigurement, mental anguish, chronic pain, pregnancy, disease, or loss or impairment of a sexual or reproductive organ.
Physically Helpless--When a person is unconscious, asleep, or for any other reason is physically unable to communicate unwillingness to an act.
Sexual Contact--The intentional touching of the victim's or actor's intimate parts or the intentional touching of the clothing covering the immediate area of the victim's or actor's intimate parts, if that intentional touching 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.
Sexual Penetration--Sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body, but emission of semen is not required.
Penalties for Criminal Sexual Conduct
Sentencing for CSC offenses depends on whether the conviction is for first degree, second degree, third degree, or fourth degree Criminal Sexual Conduct. Other factors come into play as well, such as the defendant's prior criminal history and the nature of the offense. Also, convicted sex offenders will likely be required to register on the sex offender registry.
Your Criminal Sexual Conduct Lawyers
When a defendant is facing long prison sentences because of one or more CSC charges, it makes sense to hire an attorney who will very aggressively represent them in court. At Kronzek & Cronkright, our attorneys have over 100 years of combined experience fighting Michigan and federal sex crime charges. We know the ins and outs of the Criminal Sexual Conduct laws and we will put that knowledge to use for you! Contact us today!
Call to schedule your free and confidential first meeting: 1-866-766-5245!