A person, whether male or female, can be charged with a crime of CSC 1 if he or she engages in sexual penetration with a person who is under the age of 13 years old; or if sexual penetration occurs in one of the following circumstances:
- The other person is less than 16 years of age, but above 13 years of age, and the actor is a member of the same household as the other person; the actor is related to the victim by blood; the actor is in an authoritative position over the victim, which causes the victim to submit; the actor is a teacher, substitute teacher, an employee, a state service provider, or a volunteer in the school district in which the victim is enrolled in; or the actor is an employee or volunteer of a child care facility or licensed as a foster caregiver in which the victim resides.
- The sexual penetration occurs during the commission of another felony, such as kidnapping or robbery.
- The actor is aided or abetted by one or more other persons and either the actor has a reason to know that the victim is mentally incapacitated or ill or physically helpless or the actor uses force or coercion to sexually penetrate the victim.
- The actor is armed with, or reasonably believed to be armed with, a weapon.
- The actor uses force or coercion to sexually penetrate the victim and the victim is personally injured in the process.
- The actor knows, or should have known, that the victim is mentally incapable or incapacitated or physically helpless and the actor causes personal injury to the victim.
- The victim is mentally incapable or incapacitated or physically helpless and the actor and victim are related by blood or the actor is in a position of authority over the victim.
What is 2nd degree criminal sexual conduct in Michigan?
A person can be found guilty of 2nd degree CSC if he or she engages in sexual contact with another person under who is under the age of 13; or the other person is less than 16 years of age, but over the age of 13, under the following circumstances:
- The committer is a member of the same household as the other person.
- The actor is related to the victim by a blood relation.
- The committer is in an authoritative position over the victim and uses that status to coerce the victim to submit to the sexual contact.
- The actor is a teacher, substitute teacher, administrator or other employee within the school district that the victim attends and uses that status to gain access, or establish a relationship, with the other person.
- The actor is an employee or volunteer of a childcare facility or licensed as a foster caregiver in which the victim resides.
- The sexual contact occurs during the commission of another felony.
- The committer is aided or abetted by at least one other person and either knows, or should have known, that the victim is mentally incapable or incapacitated or physically helpless, or uses force or coercion to commit the sexual contact.
- The actor is armed with a weapon, or something that could be reasonably believed to be a weapon.
- Personal injury is caused to the victim from the force or coercion used by the actor of the sexual contact.
- The actor caused personal injury to the victim and either knows, or should have known, that the victim is mentally incapable or incapacitated or physically helpless.
- The other person involved is mentally incapable, disabled, or incapacitated or physically helpless and the victim and the actor are related by blood or the actor is in an authoritative position over the victim.
- The committer is an employee, contractual employee, or volunteer with the department of corrections, or juvenile correctional facility, and who knows the victim is under the jurisdiction of the department of corrections.
- The victim is under the jurisdiction of a county as a prisoner or a probationer and the perpetrator is an employee, contractual employee, or volunteer with the county or department of corrections.
What is 3rd Degree Criminal Sexual Conduct in Michigan?
An accused person can be found guilty of a crime of CSC 3 when that person engages in sexual penetration with another person and if any of the following situations are met:
- The other person is above the age of 13 years old, but below 16 years of age.
- Coercion or force is used to accomplish the sexual penetration.
- The person committing the sexual penetration knows, or should know, that the other person is either mentally incapable or incapacitated, or is physically helpless.
- The committer is related to the other person by blood, or by affinity to the third degree.
- The victim is above the age of 16, but below 18 years of age and is a student currently enrolled at a school where the actor is employed as a teacher, substitute teacher, administrator, contractual service provider, volunteer, or other employee of the school district.
- The victim is above the age of 18, but below 26 years of age and is receiving special education and the actor is employed as a teacher, substitute teacher, administrator, contractual service provider, volunteer, or other employee of the service providing the special education.
- The victim is at least 16 years age and is a resident of a foster care facility, or child care service, where the actor is an employee, volunteer, or licensed to operate a foster home facility or child care service, and the sexual penetration occurs during the residency of the victim.
What is 4th Degree Criminal Sexual Conduct in Michigan?
If penetration is not alleged, but sexual contact is alleged, it will fall in the categories of 2nd degree CSC or 4th degree CSC.
Sexual contact includes contact to the genital area (but not penetration), groin, inner thigh, buttock or breast.
If the allegation includes penetration and does not fit in the category of 2nd degree CSC, it will be charged as 4th degree CSC if any of the following apply:
- If the complaining witness is between 13 and 16 years old and the defendant is at least 5 years older;
- If there is force or coercion used;
- The defendant knows the complaining witness is mentally incapacitated or physically helpless
- The defendant is related to the complaining witness (to the 3rd degree)
- If the complaining witness is between 16 and 18 years old and is a student in the school or district where the defendant teaches, is a substitute, administrator, employee/contract service provider or serves as a volunteer.
- If the complaining witness is between 16 and 26 years old and is receiving special education services and the defendant is a teacher, substitute teacher, administrator, employee/contract service provider or volunteer of the district the complaining witness attends.
- If the defendant is engaging in medical treatment or examination of the complaining witness in a manner or for a purpose which is medically recognized as unethical or unacceptable.
- If the defendant is a mental health professional and the sexual conduct occurs within two years of treating the complaining witness.