In Michigan, criminal sexual conduct allegations are separated into four different degrees. Each degree of criminal sexual conduct has its own elements that must be alleged in order for a charge of criminal sexual conduct to be brought against you. The main difference between each of the four degrees hinges on whether there is an allegation involving penetration or simply touching. Most cases are charged based on the age of the alleged victim.
What is 1st degree Criminal Sexual Conduct?
Michigan Penal Code §750.520 (b) describes the crime of first-degree criminal sexual conduct. A person, whether male or female, can be charged with a crime of criminal sexual conduct 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 considered to be “sexual penetration” in 1st degree criminal sexual conduct?
In Michigan, sexual penetration can mean a number of different things, not just sexual intercourse. The following are all considered to be sexual penetration under the Michigan Penal Code:
- Sexual intercourse;
- Anal intercourse;
- Oral sex performed on either a female or a male
- Digital penetration (finger into vagina); or
- Any other type of intrusion of another’s body, no matter how slight the intrusion may be; or
- The insertion of an object into the genital or anal areas of another
What can the punishment be for a crime of 1st degree criminal sexual conduct?
First-degree criminal sexual conduct is the most serious among the various degrees of criminal sexual conduct. A person who is found guilty of 1st degree criminal sexual conduct can be punished by life imprisonment or for any term of years as decided by the court.
In instances where the defendant is 17 years old or older, and the victim is below the age of 13, the punishment can be life in prison, but this comes with a mandatory minimum sentence of at least 25 years of imprisonment.
Michigan law also allows, in some circumstances, for multiple criminal sexual conduct 1 convictions to allow the sentences to be stacked – meaning they will run consecutively to one another. In addition, the court will also impose a lifetime electronic monitoring sentence to anyone convicted of a crime of first-degree criminal sexual conduct. Electronic monitoring allows the State to keep track of your whereabouts community and be able to supervise you more closely.
Also, under the Michigan Sex Offenders Registration Act, a crime of criminal sexual conduct 1 is a listed offense, so if convicted, a person would have to register with the Michigan sex offender registry for life.
What should a person do if accused or charged with a crime of first-degree criminal sexual conduct?
If you are accused or are being charged with first-degree criminal sexual conduct, you should seek legal counsel from an attorney with experience in handling sex crimes. Crimes of criminal sexual conduct are very serious. Retaining an attorney with experience and knowledge of these crimes is critical. It is not enough to simply hire a criminal defense attorney; you require an individual with detailed knowledge and experience as a criminal sexual conduct Michigan lawyer. First-degree criminal sexual conduct cases are highly complicated, and many attorneys do not have the background or knowledge to handle these difficult cases.
Speak With a Michigan Criminal Sexual Conduct Defense Attorney
Shannon Smith Law is an office that is dedicated to handling these types of sex crimes. We have the experience and skill to deal with these types of cases and will ensure that a client will receive the best defense possible.
Shannon Smith Law has had success in defending clients who have had charges of first-degree criminal sexual conduct against them. If you have been accused or charged with a crime of first-degree criminal sexual conduct, please contact our office to set up a consultation.
Frequently Asked Questions :
1. What is first-degree criminal sexual conduct in Michigan?
First-degree criminal sexual conduct is the most serious criminal sexual conduct charge under Michigan law. It involves allegations of sexual penetration under specific circumstances defined by statute, most commonly involving the age of the alleged victim, the use of force or coercion, or the presence of an authority or trust relationship.
2. Does first-degree criminal sexual conduct always involve a victim under age 13?
No. While sexual penetration involving a child under the age of 13 automatically qualifies as first-degree criminal sexual conduct, charges can also be brought when the alleged victim is between the ages of 13 and 16 if certain conditions apply, such as a familial relationship, household member status, or a position of authority over the alleged victim.
3. What does Michigan law consider sexual penetration?
Under Michigan law, sexual penetration includes more than sexual intercourse. It can involve oral sex, anal penetration, digital penetration, or the insertion of any object into the genital or anal area of another person. Even a slight intrusion can meet the legal definition of penetration.
4. Can first-degree criminal sexual conduct be charged without physical force?
Yes. A charge can be based on circumstances other than physical force, including situations involving mental incapacity, physical helplessness, coercion, or abuse of authority. The law also allows charges when penetration occurs during the commission of another felony or when the accused is aided by another person.
5. What penalties can result from a first-degree criminal sexual conduct conviction?
A conviction can result in life imprisonment or any term of years as determined by the court. In cases involving a victim under age 13 and a defendant age 17 or older, Michigan law imposes a mandatory minimum prison sentence of at least 25 years. Additional consequences may include consecutive sentences, lifetime electronic monitoring, and lifetime registration under the Michigan Sex Offenders Registration Act.
6. What should someone do if they are accused of first-degree criminal sexual conduct?
Anyone accused or charged with first-degree criminal sexual conduct should seek legal representation immediately. These cases are complex and carry severe penalties. Working with an attorney who has experience handling Michigan criminal sexual conduct cases is critical to understanding the charges, protecting legal rights, and navigating the criminal justice process.
