Criminal Sexual Conduct (CSC)

Under Michigan law, the crimes of sexual assault, rape, and other sexual misconduct crimes are categorized under the term “Criminal Sexual Conduct” (CSC). CSC crimes will vary depending upon the facts of the case, the conduct that was alleged, the age of the victim, and other factors. In Michigan, CSC crimes are placed into four groupings, or “degrees”. The degrees range upward toward more serious actions and more significant penalties.

A conviction of any of the CSC crimes, no matter what degree, can cause serious consequences to the alleged defendant, and should be taken seriously. The best course of action is to immediately hire an experienced Michigan sexual conduct criminal defense lawyer.  You need someone on your side fighting to protect your rights and to make sure you have the best defense possible.

The attorneys at George Law have years of experience in representing clients charged with various types of sex crimes. If you or someone you know has been charged with one of these offenses contact our lawyers for a free consultation today.

Criminal Sexual Conduct 1st Degree

CSC of the 1st Degree is the most serious and consequential charge under this category. It includes crimes that are more commonly referred to as rape and sexual assault, particularly with a victim who is 13 years old or younger, or a victim that has physical or mental disabilities. Activities that, if proven in a court of law, would justify a conviction of Criminal sexual Conduct in the 1st Degree, Michigan Penal Code Section 750.520b include:

• Sexual penetration of a child under age 13;
• Sexual penetration of a child aged 13 to 16 who is a member of your household; related to you to the fourth degree; or over whom you hold a position of authority that you use to coerce penetration;
• Sexual penetration of another person while committing any other felony;
• Sexual penetration of another person when you are helped by one or more other people, and you know that the victim is either mentally or physically incapacitated or you use force or coercion to rape the other person;
• Sexual penetration of another person when you are armed with a weapon or something the other person believes is a weapon;
• Causing personal injury to another person while using force or coercion to accomplish sexual penetration;
• Causing personal injury to another person during sexual penetration when you know the other person is mentally or physically incapacitated; or
• Sexual penetration of another person you know is mentally or physically incapacitated and is a relative to the fourth degree or someone over whom you hold a position of authority that you use to coerce penetration.

Force or coercion is defined under the statute as:

• Using physical force or violence;
• Using threats of force or violence when the victim believes you have the ability to follow through with the threats;
• Using threats of retaliation when the victim believes you have the ability to follow through with the threats;
• Conducting an unethical or unacceptable medical exam or treatment of the victim; or
• Using the element of surprise to overcome the victim.

The punishment for CSC of the 1st Degree can be quite severe. The penalties a judge can impose after a conviction or guilty plea may be the following:

• A prison sentence of up to life in prison;
• If you were at least 17 at the time of the offense and the victim was under 13, there’s a requirement for a minimum sentence of 25 years;
• If you were at least 18 and the victim was under 13, the statute requires a sentence of life without parole;
• Criminal fines and court costs; and
• Lifelong electronic monitoring by the state.

There are other consequences you may have with a conviction of CSC 1st Degree:

• A permanent criminal record as a sex offender;
• Loss or denial of employment;
• Denial of applications for rental housing, and restrictions on where you can live;
• Loss of custody of your children;
• Loss or denial of a professional license to work as a lawyer, doctor, teacher, nurse, pharmacist, or other licensed professional; or
• Effects on your immigration status if you’re a non-U.S. citizen, including denial or revocation or your immigration visa or green card, denial of your citizenship application, or deportation to your home country.

Criminal Sexual Conduct 2nd Degree

This level of sexual conduct charge usually involves the inappropriate touching of someone for sexual gratification. The CSC 2nd Degree statute (Michigan Penal Code Section 750.520c) has the same age requirements as 1st Degree, but there is a more of an emphasis on the relationship between the defendant and the victim. For example, the law cites the relationship between a teacher and a student, or a case where the defendant is an employee of a childcare agency or organization, or a foster parent. These crimes focus on the power dynamic that the defendant has over the victim. The penalties may include the following:

• A prison sentence of up to 15 years;
• Criminal fines and court costs;
• Up to lifelong electronic monitoring by the state; or
• Sex Offender Registration Act (SORA) registration.

Criminal Sexual Conduct 3rd Degree

CSC of the 3rd Degree can be a complicated charge given that it includes what is commonly referred to as statutory rape. It’s complicated because the victim might have performed the sexual act willingly and wanted it to happen, but, given the ages of the victim and defendant, it is defined by the state as a crime. These actions would constitute a conviction of CSC of the 3rd Degree:

• Sexual penetration of a minor age 13 to 16;
• Sexual penetration using force or coercion;
• Sexual penetration of someone you know has a mental or physical disability;
• Sexual penetration of someone related to you to the fourth degree and who was not your spouse; however, it’s a defense that the other person held a position of power and coerced you;
• Sexual penetration of a student aged 16 to 18 when you were a teacher, substitute teacher, or administrator for the school or school district, unless the student was emancipated or was your spouse;
• Sexual penetration of a student aged 16 to 18 when you were an employee, contractor, or volunteer for the school or school district and used your position to obtain sex or to establish a relationship with the student;
• Sexual penetration of a special education student aged 16 to 26 when you were a teacher, substitute teacher, or administrator for the school or school district unless the student was your spouse;
• Sexual penetration of a special education student aged 16 to 26 when you were an employee, contractor, volunteer, or social worker providing services to the student and used your position to obtain sex or establish a relationship with the student; or
• Sexual penetration of a minor at least 16 years old who is in foster care or a group home, and you were an employee, contractor, volunteer, or person licensed to operate the foster family home or group home while the minor was a resident.

The penalties for CSC of the 3rd Degree are:

• A prison sentence of up to 15 years;
• A permanent felony record as a sex offender;
• Expensive criminal fines and court costs; and
• Requirement to register as a sex offender and have your photo, name, address, and information about your offense listed in the public database.

Criminal Sexual Conduct 4th Degree

This criminal charge prevents any sexual contact between someone who is between 13 and 16 years old with a defendant who is 5 years older than the victim. Consent is a significant element with CSC of the 4th Degree. The potential penalties are imprisonment for not more than 2 years, or a fine of a certain amount, or both. A conviction or a guilty plea of this charge could also include probation and possible SORA reporting requirements.

Michigan Sexual Assault Lawyers

The defense attorneys at George Law represent those in Michigan facing criminal charges including sex offenses. You deserve a vigorous defense to such strong allegations especially given the consequences. We know what is at risk in these cases, including how the accusations alone can carry a severe stigma and seriously disrupt your life. But we know how to challenge the state’s theory of your guilt. Although you are in a challenging situation right now, it is not an impossible one to deal with.

In order to build a strong defense to the sex crime accusations brought against you, it is crucial that you consult with us sooner rather than later. If you have been charged with a sex offense in Michigan, get in touch with us by calling (248) 470-4300 or contacting us online to discuss how we can help.