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Most of the cases we handle at Smith Blythe are charges of criminal sexual conduct.  In Michigan, all cases involving sex crimes, including rape, statutory rape, molestation and sexual abuse, are charged under the criminal sexual conduct statutes.  The easiest way to break down the charges for people who are learning about this for the first time is simple.

First, if the case involves allegations of penetration, it will fall under the first or third degree criminal sexual conduct statutes.  Sometimes these are referred to as criminal sexual conduct 1 or criminal sexual conduct 3, other times they are called first degree criminal sexual conduct and third degree criminal sexual conduct cases.  Penetration in Michigan includes almost any penetration, no matter how slight.  This means that any entry between the labia satisfies this element of penetration.

If the case does not involve penetration, but only sexual touching, it will fall under the second of fourth degree criminal sexual conduct statutes.  Like criminal sexual conduct 1 or criminal sexual conduct 3, these are commonly referred to as criminal sexual conduct 2 or criminal sexual conduct 4 or second degree criminal sexual conduct and fourth degree criminal sexual conduct.

The differentiation between criminal sexual conduct 1 and criminal sexual conduct 3 depends on the ages of the people involved, whether there are claims it was force, and whether there is a relationship between the people (such as teacher/student).  criminal sexual conduct 1 is a life offense and carries a minimum of 25 years if the alleged victim is under 13 years old.  criminal sexual conduct 3 is a 15 year felony.  Despite the fact that criminal sexual conduct 1 sounds like it would be much more serious than criminal sexual conduct 3, both result in severe, life changing consequences, given that both require that prison be ordered upon conviction and sex offender registry.

The distinction between criminal sexual conduct 2 and criminal sexual conduct 4 also involves differing factors, including the ages of the people involved and the relationship between the people involved.  criminal sexual conduct 2 is punishable by up to 15 years, however, the scoring guidelines are not as serious as the grid used for criminal sexual conduct 3.  criminal sexual conduct 4 is punishable by up to 2 years of incarceration.  Again, the consequences and seriousness of any criminal sexual conduct case are severe, and it really is not any better to be charged with one count versus another. The stakes are still extremely high.

At Smith Blythe we have extensive experience defending criminal sexual conduct 1, criminal sexual conduct 2, criminal sexual conduct 3 and criminal sexual conduct 4.  We achieve the best outcomes for our clients, including numerous acquittals on criminal sexual conduct cases.  Please call our office with questions or if you need a consultation for answers.

Author Shannon Smith

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Michigan Criminal Sexual conduct Lawyer

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Smith Lehman, PC

248-290-9741 N/A
1668 S. Telegraph Rd., Suite #200 SBloomfield Hills MI 48302