MenuIn Michigan, criminal sexual conduct carries severe legal consequences. However, when it comes to minors, specific considerations and legal principles come into play.
Below, George Law aims to explore the question: Can a minor be charged with first-degree criminal sexual conduct in Michigan? We will delve into the relevant laws, factors, potential outcomes, and benefit of contacting a lawyer if you have been criminally charged.
What Is First-Degree Criminal Sexual Conduct?
First-degree criminal sexual conduct (CSC) is the most serious level of sexual offense in Michigan. Under Michigan law (MCL 750.520b). Criminal sexual conduct in the first degree occurs when a person engages in sexual penetration with another individual under specific circumstances. Let’s delve into the different situations that can lead to charges of criminal sexual conduct in the first degree.
Victim’s Age
The age of the victim plays a crucial role in determining whether the act constitutes criminal sexual conduct in the first degree. If the victim is under 13 years old, any form of sexual penetration is deemed criminal. Additionally, if the victim is between 13 and 16 years old, specific circumstances can lead to charges, including:
- Perpetrator living in the same household as the victim and engaging in sexual penetration.
- Perpetrator being related to the victim by blood or marriage up to the fourth degree and engaging in sexual penetration.
- Perpetrator holding a position of authority or power over the victim and using that position to coerce them into sexual penetration.
- Perpetrator being a teacher, substitute teacher, or school administrator, and the victim being a student at the school where the perpetrator is employed.
- Perpetrator working at the victim’s school or child care organization, or volunteering there, and using their position to establish a relationship with the victim.
- Perpetrator working at a foster home or group home where the victim resides and engaging in sexual penetration with the victim.
Involvement In Other Felony
Criminal sexual conduct in the first degree can also arise when sexual penetration occurs during the commission of another serious felony. Engaging in sexual acts while participating in or facilitating the commission of crimes such as robbery, kidnapping, or assault can lead to charges under this offense.
Help Or Influence From Others
If the accused receives assistance or encouragement from others in the commission of the sexual penetration act, it may constitute criminal sexual conduct in the first degree. The law considers the following factors:
- Knowledge or reasonable awareness that the victim is mentally incapable, helpless, or unable to make decisions.
- The use of force, threats, or coercion to make the victim comply with the act.
- Causing harm to the victim while using force, threats, or coercion.
Use Of Weapons Or Threatening Objects
The use of a weapon or any object that appears to be a weapon to instill fear in the victim during sexual penetration is a serious aggravating factor. If you carried or used a weapon or object that made the victim reasonably believe they were in danger, it may constitute criminal sexual conduct in the first degree.
Victim’s Condition
Criminal sexual conduct in the first degree can also apply if the perpetrator causes physical harm to the victim during sexual penetration. It is crucial to note that this provision requires knowledge or reasonable awareness of the victim’s mental disabilities, incapacity, or helplessness.
Penalties For Criminal Sexual Conduct In The First Degree
Being convicted of criminal sexual conduct in the first degree can result in severe penalties. The following are the potential consequences:
- Felony Offense: Criminal sexual conduct in the first degree is classified as a felony, indicating its seriousness under the law.
- Imprisonment: The typical punishment for this offense is life imprisonment or a substantial prison term, often spanning several years.
- Age-Specific Sentences: If the victim is under 13 years old, and you are 17 years or older, the minimum sentence is 25 years. If you are 18 years or older and have a prior conviction for a similar offense against a victim under 13, or have violated similar laws in other jurisdictions, you may face life imprisonment without the possibility of parole.
- Lifetime Electronic Monitoring: In addition to imprisonment, the court may require the defendant to be subject to lifetime electronic monitoring.
- Consecutive Prison Terms: In cases involving multiple related crimes stemming from the same incident, the court may order the prison terms to be served consecutively, one after another.
Defenses
Lack Of Consent
To establish a defense, it may be argued that the alleged sexual penetration was consensual. The absence of coercion or force, and the presence of voluntary agreement between both parties, can support this defense.
Mistaken Age
If the victim’s age was reasonably believed to be above the legal age of consent, it can be asserted that the defendant had a mistaken but genuine belief regarding the victim’s age.
Consent Of Victim’s Legal Representative
In some cases involving victims who are under the age of consent, the defense might argue that they obtained consent from the victim’s legal representative or guardian, which they reasonably believed to be valid.
Lack Of Knowledge Or Intent
The defense may claim that the defendant was unaware of the victim’s age, condition, or the specific circumstances that elevate the offense to criminal sexual conduct in the first degree. Lack of knowledge or intent to engage in non-consensual sexual penetration can be used as a defense.
Mistaken Identity
If the defendant asserts that they were misidentified as the perpetrator, mistaken identity can be used as a defense. This defense relies on providing evidence that another person committed the alleged offense.
Alibi
An alibi defense aims to establish that the defendant was not present at the location where the alleged offense took place during the relevant timeframe. Providing credible evidence, such as witness testimony or documentation, to support the alibi is crucial for this defense.
Entrapment
Entrapment occurs when law enforcement induces or encourages an individual to commit a crime they would not have otherwise committed. If the defense can prove that they were entrapped by law enforcement into engaging in the alleged sexual penetration, it can be used as a defense.
Constitutional Violations
If there were constitutional violations during the arrest, investigation, or prosecution process, such as unlawful search and seizure or violation of Miranda rights, these violations can be challenged as a defense.
Can A Minor Be Charged With This Offense?
Yes, a minor can be charged with violating the statute on criminal sexual conduct in the first degree under certain circumstances. The statute does not have an explicit age exemption for minors who engage in sexual penetration.
Contact George Law – Criminal Sexual Conduct Attorneys
If a minor is facing charges of first-degree CSC or any other criminal offense, it is crucial to seek legal representation and advice. An experienced attorney specializing in criminal defense can provide guidance throughout the legal process, protect the minor’s rights, and work towards the best possible outcome. They can help navigate the complex legal system, build a strong defense strategy, and advocate for the minor’s best interests.
If you or someone you know has been charged with a sex crime in Michigan, it is important to consult with a knowledgeable and reputable legal professional. While we cannot endorse specific individuals or firms, consider reaching out to trusted attorneys, such as the skilled team at George Law, who can provide expert guidance tailored to your specific circumstances. They can assess the details of the case, explain legal options, and provide the necessary support and representation throughout the legal process. Reach out to George Law today by calling (248) 247-7459 or by contacting us online.