Criminal Sexual Conduct charges in Michigan result in some of the toughest penalties upon conviction in the state of Michigan. Police officers and prosecutors take these charges extremely seriously and vigorously go after those accused of these felony charges. Criminal Sexual Conduct Charges are broken up into four categories. This article will examine what those four categories are and the penalties from them.
First Degree Criminal Sexual Conduct in West Michigan.
The most serious of the Criminal Sexual Conduct charges those of the 1st degree. This is a serious felony charge that can lead up to life in prison. If a person engages in sexual penetration with a person under the age of 13, or a person under the age of 16 if the two are related, in the same household or if the defendant is in a position of authority a Criminal Sexual Conduct charge in the 1st degree with be brought against the defendant.
This charge is punishable by up to life in prison. If a minor is involved, defendants convicted of this offense may face a mandatory minimum sentence of 25 years and lifetime electronic monitoring. All offenders convicted of CSC first degree will remain on the Michigan Sex Offender Registry for life, unless they qualify for early removal.
Second Degree Criminal Sexual Conduct charges in West Michigan
If a person engages in sexual contact but not penetration with a person under the age of 13, the person could be charged with a criminal sexual conduct in the second degree charge. A person could also be charged with this crime if:
• the alleged victim is under 13
• the alleged victim is between 13 and 16 and defendant is related, in the same household, a teacher or school employee, a foster care provider, or other authoritative figure
• sexual contact occurs while the defendant commits another felony
• the alleged perpetrator is aided by another person or persons and knows the victim is mentally or physically helpless
• the alleged perpetrator is aided by one or more persons and uses force or coercion to accomplish sexual contact
• the alleged perpetrator is armed with a weapon or an article used to insinuate the presence of a weapon
• the alleged perpetrator causes injury using force or coercion, or with knowledge the alleged victim is physical or mentally incapable
It is important to understand what constitutes sexual contact. As opposed to sexual penetration, sexual contact does not include the insertion of a body part or item into another person’s body cavity. The definition of sexual contact is:
“Sexual contact” includes 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 (1) sexual arousal or gratification, (2) done for a sexual purpose, or (3) in a sexual manner for revenge, to inflict humiliation, or out of anger.
The maximum prison sentence for criminal sexual conduct in the second degree is 15 years. In addition, you will be electronically monitored for the rest of your life if the victim was under the age of 13, and you were over 17 at the time of the offense.
Third Degree Criminal Sexual Conduct charges in West Michigan
If a person has sex with a minor between 13 and 16 and uses force, coercion, or mental incapacity of the alleged victim to accomplish penetration, or if the alleged victim is between 16 and 18 and the defendant is a teacher or school employee he or she could face third degree felony criminal sexual conduct charges.
This charge can be punished by up to 15 years in prison.
Criminal Sexual Conduct charges in the fourth degree.
This charge is brought when there is contact without penetration. The maximum punishment for criminal sexual conduct in the fourth degree is two years.
Anyone facing any criminal sexual conduct charges in Michigan needs an aggressive attorney on his side. Do not face their charges with a public defender. Call numerous lawyers in your town and set up a free consultation with them. Then after talking over your case with the lawyers you interview, hire the one you feel the most comfortable with when it comes to defending your liberty and reputation.