In Michigan, there are four different degrees of criminal sexual conduct. Each degree of criminal sexual conduct has various elements that must be alleged in order to be prosecuted with a crime. The focus of this particular article is the 2nd degree, if you would like to know more of the criminal sexual conduct in the first degree click here. Criminal sexual conduct 2 in general is a crime of alleged sexual contact not involving penetration. Must second degree criminal sexual conduct cases are charged based on the age of the complainant.

What is 2nd degree criminal sexual conduct?

Michigan Penal Code §750.520(c) describes the crime of 2nd degree criminal sexual conduct. A person can be found guilty of 2nd degree criminal sexual conduct 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:

What is considered to be “sexual contact” in 2nd degree criminal sexual conduct?

Under the Michigan Penal Code, sexual contact refers to the intentional touching of another persons, or his or her own, intimate parts, whether clothed or not. The intentional touching can reasonably be interpreted as occurring for the following reasons:

All of these can occur as a type of revenge, to inflict humiliation, or out of anger. In many cases of alleged touching, it is up to a jury to determine if the contact was made for a sexual purpose. The Law Offices of Shannon Smith has handled numerous cases where a touching did actually occur, however, it was accidental, misinterpreted or misunderstood when adults heard children describe the touch. We have also represented numerous people who have been simply falsely accused when no touching has taken place whatsoever.

What can the punishment be for a crime of 2nd degree criminal sexual conduct?

Second degree criminal sexual conduct is a felony in Michigan. It can be punishable by imprisonment for up to 15 years, but no more. If the victim was below the age of 13 and the defendant was 17 or older, the addition of lifetime monitoring will be added to the prison sentence. In addition to any imprisonment or electronic monitoring, the defendant would have to register for the Michigan Sex Offender Registry. Depending on the victim’s age, the defendant would have to remain on the registry for 25 years to life. If a person take a plea or is found guilty of Attempt criminal sexual conduct 2, that is punishable by up to 5 years. If you or a loved one is facing an allegation of second degree criminal sexual conduct, our office can calculate the sentencing guidelines to let you know exactly what you are facing.

What should a person do if accused or charged with a crime of second degree criminal sexual conduct?

Crimes of criminal sexual conduct 2 are extremely serious according to Michigan law. These allegations need to be addressed by an experienced attorney, specifically with expertise and a background handling sex crime cases. Retaining an attorney who has experience in the area of sex crimes can make the difference between a losing and winning defense, or getting the charge dismissed all together.

Smith Blythe, PC is an experienced law office involved in a practice that focuses on crimes of a sexual nature. Our office has an abundance of experience with allegations involving children. Smith Blythe, PC, P.C. is focused and dedicated to every aspect of your individual sexual crime case and will work diligently to provide you with the best possible result.

Smith Blythe, PC has had success in defending clients who have had charges of criminal sexual conduct against them. If you have been accused or charged with a second degree criminal sexual conduct, please contact our office to set up a consultation.

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