Facing a Charge of Criminal Sexual Conduct in Michigan? You Need a Defense Attorney That Will Protect Your Reputation and Freedom

You Cannot Afford to Hire Anyone but the Best Criminal Defense Attorneys

In Michigan, there are four degrees of Criminal Sexual Conduct.

Criminal Sexual Conduct First Degree (CSC 1)
Criminal Sexual Conduct in the first degree means there are accusations of sexual penetration with a person under the age of 13. If the individual is under the age of 12, there is a mandatory minimum of 25 years in prison.

There are also other circumstances where an individual can be charged with CSC 1:

• The victim was older than 13 years of age and younger than 16 years of age, and also living in the same household as the accused
• The victim was older than 13 years of age and younger than 16 years of age, and the accused was in a position of authority over the victim. Examples of this are teach or school employee, or an employee of a childcare facility or foster caregiver
• While aided or abetted by one or more individuals, the accused used force or coercion to sexually penetrate the victim or any actor involved knew the victim was incapacitate mentally or physically
• The sexual penetration occurred during another felony, such as robbery or kidnapping
• The accused was armed with a weapon
• The victim was personally injured due to penetration that occurred due to force or coercion
• The victim was personally injured due to penetration, and the accused knew or should have known that the victim was physically or mentally incapacitated
• A physically or mentally incapacitated victim was penetrated by the accused who is related to them by blood or by an actor who is in a position of authority over the victim

Criminal Sexual Conduct Second Degree
Criminal sexual conduct in the second degree means there are accusations of non-penetrative sexual contact with someone under the age of 13 OR between the ages of 13 and 16 under certain circumstances. 

There are two situations where criminal sexual conduct second degree could be charged:

First, if an individual engaged in sexual contact with a victim who was under the age of 13

Second, if the victim was less than 16 years of age, but over the age of 13, under any of these circumstances:

• The accused is a member of the same household as the victim
• The accused is a blood relative of the victim
• The accused is in a position of authority over the victim, and uses this to coerce the victim
• The accused uses a position as a teacher or other position in the educational field to establish a relationship or gain access to the victim
• The accused is an employee or volunteer at a childcare facility
• The accused is a licensed foster caregiver where the victim resides
• The sexual contact occurred during another felony, such as robbery or kidnapping
• While aided or abetted by one or more individuals, the accused used force or coercion to commit sexual contact or any actor involved knew the victim was incapacitated mentally or physically
• The accused was armed with a weapon
• The victim was personally injured due to sexual contact that occurred due to force or coercion
• The victim was personally injured due to sexual contact, and the accused knew or should have known that the victim was physically or mentally incapacitated
• The accused was an employee of a correctional facility and the victim is under the jurisdiction of the correctional facility

Criminal Sexual Conduct Third Degree
Criminal sexual conduct in the third degree involves forced penetration with another person.

Criminal Sexual Conduct Fourth Degree
Criminal sexual conduct in the fourth degree are accusations of engaging in non-penetrative sexual contact with another person. 
 

Our Attorneys Will Help You Navigate the Sex Offender Registry List (SORA)

All registrable offenses are categorized into one of three separate Tiers:

• Tier I: Registration for 15 years (non-public)
• Tier II: Registration for 25 years (public)
• Tier III: Lifetime registration (public)

Along with the individual tier creations, the recent changes to the Sex Offender Registry List (SORA) enable certain convicted sex offenders to avoid the registration requirement altogether or have their registration period reduced. It is critical to choose an attorney that thoroughly understands the requirements of SORA as well as the avenues available to avoid registration.

SORA is so extremely complicated that many judges and lawyers are relying on seminars and colleagues for guidance. Our office has painstakingly reviewed the current version of the legislation and are ready to help our clients take advantage of the changes.