Criminal Sexual Conduct in the Second Degree
Michigan Sex Crime Attorneys
If you are being investigated for--or have already been charged with--second degree Criminal Sexual Conduct in Michigan, now is the time to contact a sex crime defense attorney. The attorneys at Kronzek & Cronkright have over 100 years of combined experience fighting federal and state sex crime charges. We know how serious a sex crime conviction can be. That is why we work so aggressively to fight our clients' sex crime charges.
Most sex crimes in Michigan are charged as Criminal Sexual Conduct (CSC) crimes. CSC in the second degree is a very serious criminal charge. It always involves "sexual contact." This is defined as, "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." "Intimate parts" includes the primary genital area, groin, inner thigh, buttock, or breast of a human being.
There are multiple circumstances that will result in a second degree Criminal Sexual Conduct charge for a defendant. These include:
- (1) Engaging in sexual contact with a victim under 13 years old.
- (2) Engaging in sexual contact with a victim aged 13 up to 16 and:
- the defendant is a member of the same household as the victim, or
- the defendant is related to the victim by blood or affinity to the fourth degree, or
- the defendant is in a position of authority over the victim and uses this authority to coerce the victim to submit, or
- the defendant is a teacher, substitute teacher, or administrator of the victim's public or nonpublic school, school district, or intermediate school district, or
- the defendant is an employee or contractor at the victim's public or nonpublic school, school district, or intermediate school district -or- the defendant is a volunteer at the victim's public or nonpublic school -or- the defendant is a government employee assigned to provide any service to the victim's public or nonpublic school, school district, or intermediate school district, -and- the defendant uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, the victim.
- (3) Engaging in sexual contact under circumstances involving the commission of any other felony.
- (4) Engaging in sexual contact while being aided and abetted by one or more other actors, and:
- the defendant knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless, or
- the defendant accomplishes the sexual contact by using force or coercion.
- (5) Engaging in sexual contact while 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.
- (6) Engaging in sexual contact and causing personal injury to the victim through the use of force or coercion.
- (7) Engaging in sexual contact and causing personal injury to the victim, and the defendant knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
- (8) Engaging in sexual contact with a victim who is mentally incapable, mentally incapacitated, or physically helpless, and:
- the defendant is related to the victim by blood or affinity to the fourth degree, or
- the defendant is in a position of authority over the victim and uses this authority to coerce the victim to submit.
- (9) Engaging in sexual contact with a victim who is under the jurisdiction of the department of corrections, when the defendant is an employee or contractual employee of, or a volunteer with, the department of corrections and knows the victim is under the jurisdiction of the department of corrections.
- (10) Engaging in sexual contact with a victim who is under the jurisdiction of the department of corrections, when the defendant is an employee or contractual employee of, a volunteer with, or a private vendor who operates a youth correctional facility and knows the victim is under the jurisdiction of the department of corrections.
- (11) Engaging in sexual contact with a victim who is a prisoner or probationer under the jurisdiction of a county for imprisonment or a work program, when the defendant is an employee or contractual employee of, or a volunteer with, the county or the department of corrections and knows the victim is under the county's jurisdiction.
- (12) Engaging in sexual contact with a victim, when the defendant knows or has reason to know that the victim has been detained in a facility awaiting a trial or hearing or that the victim has been committed to a facility as the result of having been found responsible for committing an act that would be a crime if committed by an adult, and the defendant 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.
Punishments for second degree Criminal Sexual Conduct:
Second degree CSC is a felony punishable by up to 15 years in prison. Convicted sex offenders will also be placed on Michigan's sex offender registry.
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 with an experienced Michigan defense lawyer about your Criminal Sexual Conduct case. Our attorneys represent clients throughout Michigan, including Battle Creek, Detroit, Lansing, Holland, Kalamazoo, Grand Rapids, Flint, Saginaw, Calhoun County, Ingham County, Eaton County, and Clinton County.