Criminal Sexual Conduct in the Fourth Degree

Michigan Sex Crime Attorneys

People who are the subjects of an ongoing fourth degree Criminal Sexual Conduct (CSC) investigation, or who have been charged with CSC in the fourth degree, will want to have a discussion with one of our sex crime defense attorneys. The sooner the person does this, the better. It is most beneficial if we can start preparing a defense immediately. As attorneys who have practiced sex crime defense for over 100 combined years, we know just how serious a sex crime conviction can be.

Although CSC fourth degree is the least serious Michigan sex crime, you should know that the consequences for a conviction are severe. Fourth degree Criminal Sexual Conduct always involves an allegation of 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 fourth degree Criminal Sexual Conduct charge for a defendant. These include:

• (1) Engaging in sexual contact with a victim aged 13 up to 16, with the defendant being 5 or more years older than the victim.


• (2) Engaging in sexual contact when the defendant uses force or coercion to accomplish the sexual contact.


• (3) Engaging in sexual contact when the defendant knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.


• (4) Engaging in sexual contact with a victim who is related to the defendant by blood or affinity to the third degree that occurs under circumstances not prohibited by the law (unless the defendant and victim are lawfully married to each other or the defendant proves by a preponderance of the evidence that the victim was in a position of authority over the defendant and used this authority to coerce the defendant to violate this law).


• (5) Engaging in sexual contact when the defendant is a mental health professional and the sexual contact within two years of the victim being the defendant's non-spouse patient or client.


• (6) Engaging in sexual contact with a victim aged 16 up to age 18 who is a student at a public or nonpublic school, and:
  1. the defendant is a teacher, substitute teacher, or administrator of that public or nonpublic school, school district, or intermediate school district (unless the victim is emancipated or the victim and the defendant are lawfully married to each other), or
  2. the defendant is an employee, contractual service provider, or government employee at the public or nonpublic school, school district, or intermediate school district where the victim is enrolled, or is a non-student volunteer in any public or nonpublic school, and the defendant uses that position to gain access to, or to establish a relationship with, the victim.


• (7) Engaging in sexual contact with a victim aged 16 up to age 26 and is receiving special education services, and:
  1. the defendant is a teacher, substitute teacher, administrator, employee, or contractual service provider of the public or nonpublic school, school district, or intermediate school district where the victim receives the special education services (unless the defendant and victim are legally married to each other), or
  2. the defendant is a non-student volunteer at any public or nonpublic school, or is a government employee at the victim's public or nonpublic school, school district, or intermediate school district, and the defendant uses that status to gain access to, or to establish a relationship with, the victim.

Punishments for fourth degree Criminal Sexual Conduct

Fourth degree CSC is a "high-court misdemeanor" punishable by imprisonment for not more than 2 years, a fine of up to $500, or both. For all intents and purposes, high court misdemeanors are treated just like felony crimes. Convicted sex offenders will likely be placed on the 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 speak with an experienced Michigan defense lawyer about your Criminal Sexual Conduct case. Our attorneys represent clients throughout Michigan, including Saginaw, Kalamazoo, Lansing, Grand Rapids, Battle Creek, Detroit, Holland, Flint, Eaton County, Clinton County, Calhoun County, and Ingham County.