In Michigan, first degree criminal sexual conduct is a felony punishable by up to life in prison. The crime is defined in Michigan Penal Code 750.520b as non-consensual sexual penetration with someone under the age of 13. This includes sexual intercourse, cunnilingus, fellatio, anal penetration, or any other intrusion of a body part or object into another person’s genital or anal openings.
First degree criminal sexual conduct is punishable by up to life in prison because it is considered a “capital offense.” This means that the Michigan Legislature has determined that first degree criminal sexual conduct is one of the most serious crimes that a person can commit. Capital offenses are punishable by death or life in prison without the possibility of parole. The Legislature has elected not to make first degree criminal sexual conduct punishable by death, so the only possible sentence is life in prison.
If you are convicted of first degree criminal sexual conduct in Michigan, you will be required to register as a sex offender. The Michigan Sex Offender Registry is a public database that contains information about all registered sex offenders in Michigan. The purpose of the registry is to help law enforcement keep track of sex offenders and to allow members of the public to identify sex offenders who may be living in their neighborhood.
All sex offenders are required to update their information on the registry every year. Failure to do so is a felony punishable by up to four years in prison. Additionally, if you move to another state, you will be required to register as a sex offender in that state as well.
As mentioned above, the penalty for first degree criminal sexual conduct in Michigan is life in prison. However, there are certain circumstances where the maximum penalty is 20 years in prison. These circumstances include if the victim was between the ages of 13 and 16 and if the defendant was no more than four years older than the victim.
In addition to imprisonment, a person convicted of first degree criminal sexual conduct will also face fines and other penalties. These can include mandatory counseling, loss of driving privileges, and sex offender registration (as discussed above).
First degree criminal sexual conduct is a serious offense punishable by up to life in prison—or 20 years if certain circumstances are met—and mandatory registration as a sex offender. If you have been charged with this crime, it is important that you contact an experienced criminal defense attorney immediately. An attorney can help you understand your rights and options and protect your interests throughout the legal process.