Michigan Criminal Law: Sex Crimes; Sexual Conduct Charges, “CSC’s,” Criminal Sexual Conduct, First Degree

Michigan law prohibits certain types of behavior related to sexual activity. These series of laws are collectively known as “criminal sexual conduct” or CSC charges. The charges vary significantly depending upon the alleged conduct.

Criminal Sexual Conduct, First Degree, MCL 750.520b is the most serious of these charges. This is a “capitol offense,” meaning a person convicted may be looking at up to life in prison, and, in certain situations, a mandatory minimum sentence of at-least twenty-five years up to life in prison if convicted. MCL 750.520b (2)(a-d).  The crux of this charge is non-consensual sexual penetration of another person. MCL 750.520b (1).

Who may provide consent is often key issue with these charges. A lot of alleged victims may not be in a position to legally provide consent so their consent is not a consideration for this charge.  For example, consent is not an issue if the alleged victim’s a minor and under the age of thirteen or if the alleged victim is a minor between 13 and 16, and:

(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.

(iv) The actor is a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled.

(v) The actor is an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.

(vi) The actor is an employee, contractual service provider, or volunteer of a child care organization, or a person licensed to operate a foster family home or a foster family group home in which that other person is a resident, and the sexual penetration occurs during the period of that other person’s residency. As used in this subparagraph, “child care organization”, “foster family home”, and “foster family group home” mean those terms as defined in section 1 of 1973 PA 116, MCL 722.111.

MCL 750.520b (1)(a,b-vi). 

Other examples are noted in MCL 750.520b (2)(c,d,i-h, i-ii), including situations where an alleged victim is incapacitated, threatened by force by the accused, overwhelmed by the accused, et. al. The list of situations is fairly comprehensive.

For more information on Michigan Criminal Sexual Conduct charges, click here.

For more information on Michigan’s Criminal Sexual Conduct, Second Degree charge, click here.

For  more information on Michigan’s Criminal Sexual Conduct, Third Degree charge, click here.

For more information on Michigan’s Criminal Sexual Conduct, Fourth Degree charge, click here.

For information on polygraph tests, click here.
For information on Michigan’s charge, “Gross Indecency,” click here.
For information on Michigan’s Sex Offender Registration Act, or “SORA,” click here.

Our experienced and dedicated attorneys have represented clients regarding a variety of CSC charges throughout the state of Michigan. We fight hard for our clients. For a free initial consultation, please call our Lansing office at (517) 507-5077.

The following series of posts is for general educational purposes only. Circumstances may vary significantly. If you need specific legal advice, please privately consult with a lawyer.