In Michigan, there are four separate degrees of criminal sexual conduct, which is commonly referred to as CSC. Each degree of CSC has several elements that must be met in order for an accused person to be prosecuted for a crime of criminal sexual conduct. Third-degree criminal sexual conduct is based on allegations of penetration of another person.
What is 3rd Degree Criminal Sexual Conduct?
Michigan Penal Code §750.520(c) describes the crime of 3rd degree criminal sexual conduct. 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.
Sexual Penetration for Third Degree CSC
In Michigan, sexual penetration can mean several 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 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
Punishment for 3rd degree Criminal Sexual Conduct
In Michigan, a crime of third-degree criminal sexual conduct is a felony. If found guilty, an accused person could be imprisoned for up to 15 years. In addition to imprisonment, a defendant must register on the Michigan Sex Offender Registry. Third-degree criminal sexual conduct is considered to be a Tier III offense under the Michigan Sex Offender Act, and if convicted, a guilty defendant must register with the sex offender registry for life.
In certain circumstances, registry can be avoided – such as if a person is granted HYTA status at the time of sentencing. HYTA is available on CSC 3 cases and attempt CSC 3 cases. Further, if a person is sentenced as a juvenile and was between 14 and 16 at the time of the offense, they will be on a non-public registry only.
It is very critical to have an attorney with experience in criminal sexual conduct cases, as the registry laws are complicated and complex.
Speak With a Michigan Criminal Sexual Conduct Defense Attorney
If you are accused or are being charged with a crime of third-degree criminal sexual conduct, you should seek legal counsel from an attorney with experience in handling sex crimes. CSC 3 charges are serious matters that need to be handled by an attorney who is knowledgeable in and familiar with the area of criminal sexual conduct.
These matters are very complex and could become highly complicated, so they require an attorney who is focused on the area of criminal sexual conduct law, and not just a criminal defense attorney.
Shannon Smith Law is an office that is dedicated to handling these types of sex crimes. Smith Blythe has 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 dealing with clients charged with crimes of 3rd degree criminal sexual conduct and other charges of criminal sexual conduct. If you have been accused or charged with a crime of CSC 3, please contact our office to set up a consultation immediately.
Frequently Asked Questions:
1. What is third-degree criminal sexual conduct in Michigan?
Third-degree criminal sexual conduct is a felony offense under Michigan law that involves allegations of sexual penetration under specific circumstances outlined in the statute. These cases often focus on the age of the alleged victim, the use of force or coercion, or the existence of a relationship of authority, trust, or dependency.
2. How is third-degree criminal sexual conduct different from first-degree charges?
While both first and third degree criminal sexual conduct involve alleged sexual penetration, first degree charges include more aggravating factors, such as very young victims or additional circumstances like weapons or serious injury. Third-degree criminal sexual conduct applies when penetration is alleged, but the statutory factors place the charge at a lower degree under Michigan law.
3. What situations can lead to a third-degree criminal sexual conduct charge?
A charge may be brought when sexual penetration is alleged, and the complainant is between the ages of 13 and 16, when force or coercion is alleged, when the complainant is mentally incapacitated or physically helpless, or when the accused is in a position of authority such as a teacher, foster care provider, or special education service provider.
4. What does Michigan law consider sexual penetration for CSC 3?
Sexual penetration under Michigan law includes sexual intercourse, oral sex, anal penetration, digital penetration, or the insertion of any object into the genital or anal area. Even minimal intrusion may meet the legal definition, which is often a central issue in these cases.
5. What penalties and registry requirements apply to third-degree criminal sexual conduct?
A conviction can result in up to 15 years in prison. In addition to incarceration, third-degree criminal sexual conduct is classified as a Tier III offense, requiring lifetime registration on the Michigan Sex Offender Registry. Registry requirements are complex and depend on factors such as age, sentencing status, and the availability of statutory exceptions.
6. Are there circumstances where sex offender registration can be avoided?
In limited situations, registration may be avoided or restricted, such as when a defendant is granted HYTA status or when a juvenile offender is placed on a non-public registry. Whether these options apply depends on the specific facts of the case and requires careful legal analysis by an attorney experienced in Michigan criminal sexual conduct law.
