Criminal Sexual Conduct Charges in Michigan
Criminal sexual conduct charges in Michigan carry some of the harshest penalties upon conviction in the state of Michigan. Police officers and prosecutors take these allegations extremely seriously and vigorously prosecute those accused of these charges. Allegations of criminal sexual conduct are divided into four categories. This article will look at what these four categories are and the penalties for them.
Criminal sexual conduct first degree in West Michigan.
The most serious of the sexual conduct offenses are first degree. This is a serious charge that can lead to life in prison. If a person engages in sexual intercourse 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 authority, a charge of criminal sexual conduct in the 1st degree against the defendant.
This charge is punishable by life imprisonment. If a juvenile is involved, defendants convicted of this crime can receive a mandatory minimum sentence of 25 years and lifetime electronic monitoring. All offenders convicted of a first degree CSC will remain on the Michigan Sex Offender Registry for life unless eligible for parole.
Charges of second-degree criminal sexual conduct in West Michigan
If a person engages in sexual contact, but not penetration, with a person under the age of 13, the person can be charged with criminal sexual conduct in the second degree. A person can also be charged with this offense if:
• the alleged victim is under 13 years of age
• the alleged victim is between 13 and 16 and the defendant is related, in the same household, to a teacher or school official, foster care provider, or other authority figure
• sexual contact occurs while the defendant is committing another crime
• the alleged perpetrator is assisted by another person or persons and knows that the victim is mentally or physically helpless
• the alleged perpetrator is assisted by one or more persons and uses force or coercion to have sexual intercourse
• the alleged perpetrator is armed with a weapon or an article used to suggest the presence of a weapon
• the alleged perpetrator causes injury using force or coercion, or with knowledge that the alleged victim is physically or mentally incapacitated
It is important to understand what sexual intercourse is. Unlike sexual penetration, sexual contact does not involve inserting a body part or object 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 private parts, or the intentional touching of clothing that covers the immediate area of the victim’s or actor’s private parts, if such intentional touching can reasonably be construed as intended (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 second degree criminal sexual conduct is 15 years. You will also be electronically monitored for the rest of your life if the victim was under 13 and you were over 17 at the time of the crime.
Charges of third-degree criminal sexual conduct in West Michigan
If a person has sex with a minor between 13 and 16 years of age and uses force, coercion or mental incapacity of the alleged victim to effect penetration, or if the alleged victim is between 16 and 18 years of age and the defendant is a teacher or school official, he or she could be charged with a third-degree felony for sexual conduct.
This charge is punishable by up to 15 years in prison.
Fourth degree criminal sexual conduct charges.
This charge is brought when there is contact without penetration. The maximum sentence for a fourth-degree sex offense is two years.
Anyone facing criminal sexual misconduct charges in Michigan needs an aggressive attorney on their side. Do not take your charges to a public defender. Call multiple attorneys in your city and arrange a free consultation with them. Then, after discussing your case with the attorneys you interview, hire the one you feel most comfortable with when it comes to protecting your freedom and reputation.
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