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:
- 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 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:
- Sexual arousal
- Sexual purpose
- Sexual manner
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.