First Degree Criminal Sexual Conduct

Understanding Criminal Sexual Conduct Charges

According to the Michigan Penal Code 750.520b, you are subject to a First Degree Criminal Sexual Conduct conviction if you engage in sexual penetration with another person, accompanied by any of the following circumstances:

1. A person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration with another person and if any of the following circumstances exists:
   1. That other person is under 13 years of age.
   2. That other person is at least 13 but less than 16 years of age and any of the following:
      1. The actor is a member of the same household as the victim.
      2. The actor is related to the victim by blood or affinity to the fourth degree.
      3. The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.
      4. The actor is a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled.
      5. The actor is an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.
      6. The actor is an employee, contractual service provider, or volunteer of a child care organization, or a person licensed to operate a foster family home or a foster family group home in which that other person is a resident, and the sexual penetration occurs during the period of that other person’s residency. As used in this subparagraph, “child care organization”, “foster family home”, and “foster family group home” mean those terms as defined in section 1 of 1973 PA 116, MCL 722.111.
   3. Sexual penetration occurs under circumstances involving the commission of any other felony.
   4. The actor is aided or abetted by 1 or more other persons and either of the following circumstances exists:
      1. The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
      2. The actor uses force or coercion to accomplish the sexual penetration. Force or coercion includes, but is not limited to, any of the circumstances listed in subdivision (f).
   5. The actor is armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon.
   6. The actor causes personal injury to the victim and force or coercion is used to accomplish sexual penetration. Force or coercion includes, but is not limited to, any of the following circumstances:
      1. When the actor overcomes the victim through the actual application of physical force or physical violence.
      2. When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute these threats.
      3. When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute this threat. As used in this subdivision, “to retaliate” includes threats of physical punishment, kidnapping, or extortion.
      4. When the actor engages in the medical treatment or examination of the victim in a manner or for purposes that are medically recognized as unethical or unacceptable.
      5. When the actor, through concealment or by the element of surprise, is able to overcome the victim.
   7. The actor causes personal injury to the victim, and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
   8. That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following:
      1. The actor is related to the victim by blood or affinity to the fourth degree.
      2. The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.
2. Criminal sexual conduct in the first degree is a felony punishable as follows:
   1. Except as provided in subdivisions (b) and (c), by imprisonment for LIFE OR ANY TERM OF YEARS.
   2. For a violation that is committed by an individual 17 years of age or older against an individual less than 13 years of age by imprisonment for life or any term of years, but not less than 25 years.
   3. For a violation that is committed by an individual 18 years of age or older against an individual less than 13 years of age, by imprisonment for life without the possibility of parole if the person was previously convicted of a violation of this section or section 520c, 520d, 520e, or 520g committed against an individual less than 13 years of age or a violation of law of the United States, another state or political subdivision substantially corresponding to a violation of this section or section 520c, 520d, 520e, or 520g committed against an individual less than 13 years of age.
   4. In addition to any other penalty imposed under subdivision (a) or (b), the court shall sentence the defendant to lifetime electronic monitoring under section 520n.
3. The court may order a term of imprisonment imposed under this section to be served consecutively to any term of imprisonment imposed for any other criminal offense arising from the same transaction."

If you have been accused of sexual penetration accompanied with any of these conditions you may be subject to life imprisonment. There is nothing to be taken lightly when you are talking about the rest of your life. Act immediately and secure a top CSC Attorney in Michigan.

In First Degree Criminal Sexual Conduct in Michigan, what is the definition of "Sexual Penetration"?

In Michigan, “Sexual Penetration” can be any one of three things:

1. Entry into the Complainant’s genital opening or anal opening by any part of the accused’s body, including their penis, finger, tongue, or some other object. Any entry, no matter how slight, is enough. It does not matter whether the sexual act was completed or whether semen was ejaculated;
2. Entry into the Complainant’s mouth by the accused’s penis. Any entry, no matter how slight, is enough. It does not matter whether the sexual act was completed or whether semen was ejaculated;
3. Touching of the Complainant ’s genital openings or genital organs with the accused’s mouth or tongue.

Notice that even though the laws seem to require “Sexual Penetration,” you can be guilty even for things that aren’t “penetration.”

• RELATED: What if a second accuser surfaces?

Definition of "Force or Coercion" in Michigan 1st Degree Criminal Sexual Conduct cases

In Michigan, “Force or Coercion” includes (but is not limited to):

1. When the actor overcomes the victim through the actual application of physical force or physical violence.
2. When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute these threats.
3. When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute this threat. As used in this subdivision, “to retaliate” includes threats of physical punishment, kidnapping, or extortion.
4. When the actor engages in the medical treatment or examination of the victim in a manner or for purposes that are medically recognized as unethical or unacceptable.
5. When the actor, through concealment or by the element of surprise, is able to overcome the victim.

RELATED: Can I claim consent as a defense under the Michigan CSC laws?

A First Degree Criminal Sexual Conduct Conviction requires LIFETIME registration as a Sex Offender - the Michigan Sex Offenders Registration Act

First Degree Criminal Sexual Conduct in Michigan under MCL 750.520b is a Tier 3 offense. A person convicted of First Degree CSC is required to register for their ENTIRE LIFETIME on the public version of the Michigan Sex Offender Registry (click here to see the online Registry). The only exception from registration is for those charged after July 1, 2011 and the victim consented and was between 13 and 16 years old, and the Defendant was no more than 4 years older than the victim (part of the Michigan “Romeo and Juliet” law).

If you are convicted of CSC 1 in Michigan, your registration on the Sex Offender Registry begins at the time of your Presentence Investigation Interview with the Michigan Department of Corrections. At that point, you would be a registered sex offender for the remainder of your life. For the rest of your life on the Sex Offender Registry, anyone will be able to go on the Michigan State Police website and discover that you are a convicted sex offender by searching either for your name specifically, or for allregistered sex offenders within a geographical area.

As a registered sex offender, you will be prohibited from doing any of the following for the rest of your life:

• Residing, working, or loitering within 1000 feet from school property, known as a “Student Safety Zone” (exceptions for students living with parents);
• Attending or planning to attend any school without notifying the local law enforcement agency having jurisdiction;
• Having or regularly using any phone number without notifying the local law enforcement agency having jurisdiction; and
• Having a professional license (subject to possible denial, limitation, suspension, or revocation.

As a registered sex offender, for the rest of your life, you will be required to report quarterly, as well as immediately if you do any of the following:

• Change your residence or domicile;
• Change your place of employment or quit or are fired;
• Enroll at any College or University, or discontinue enrollment;
• Change your name;
• Intend to temporarily reside at any place other than your residence for more than seven days;
• Establish any E-mail or Instant Message address or any other type of account used in internet communications or postings; or
• Purchase or begin to regularly drive any vehicle, or if you sell, transfer, or stop driving the vehicle.

Failure to register, report, and comply with the requirements of the Sex Offender Registry are serious crimes in themselves.

Understanding Your Rights in Sexual Assault Cases

At Prain Law, PLLC, we believe that knowledge is a powerful tool for anyone facing charges related to criminal sexual conduct. Understanding your rights can significantly impact the outcome of your case. If you or a loved one are involved in a situation concerning sexual assault, it's essential to know the legal protections available to you under Michigan law.

Here are some key rights to consider:

• The Right to Legal Representation: You have the right to an attorney who can help navigate the complexities of your case.
• The Right to Remain Silent: You do not have to speak with law enforcement without your lawyer present to avoid self-incrimination.
• The Right to a Fair Trial: You are entitled to a fair legal process, including the opportunity to present your case in front of a jury.
• The Right to Appeal: If you are convicted, you have the right to appeal the decision and seek a review of your case.

Understanding these rights is crucial for protecting yourself and making informed decisions about your legal strategy. Our experienced attorneys at Prain Law are dedicated to ensuring you fully understand your rights and options. We encourage you to reach out for a free consultation to discuss your situation in more detail.

Lifetime Electronic Monitoring required for those convicted of First Degree Criminal Sexual Conduct in Michigan

If you are convicted of CSC 1st Degree in Michigan, the Court MUST sentence you to lifetime electronic monitoringif: the alleged victim was under 13, between 13 and 16 and one of the factors in section (1)(b) applies, under 13 and you are 17 or older. This was confirmed by the Michigan Court of Appeals. This would mean wearing a GPS tether for the rest of your life at your own expense after you get out of Prison, and is another great reason to FIGHT YOUR CSC 1 CHARGE with a great attorney. Violations of the GPS restrictions are crimes in themselves, as well as damaging the GPS unit, failing to report a damaged unit, and failing to pay the cost of the GPS unit.

Mandatory DNA, HIV/AIDS, and STD testing for First Degree Criminal Sexual Conduct (CSC 1)

When you are facing a First Degree Criminal Sexual Conduct charge in Michigan, you will be required by law to undergo sampling and testing. Your DNA will be taken upon arrest so that when any act of Criminal Sexual Conduct is alleged across the United States, your DNA will be in the FBI’s Combined DNA Index System (“CODIS”) for comparison as a possible suspect. Michigan’s law governing who must provide DNA samples, MCL 28.176, was expanded in July, 2015 to include anyone arrested for any felony or attempted felony (as well as convicted of select misdemeanors).

Click here to read more about Michigan's new, tougher DNA law.

At the Preliminary Exam, if your case is bound over to Circuit Court, the Judge will enter an Order requiring you to submit to HIV/AIDS and STD testing if there is reason to believe the alleged act involved sexual penetration or exposure to bodily fluids.

RELATED: Can DNA evidence be used against me in a First Degree Criminal Sexual Conduct case?

RELATED: Facing Criminal Sexual Conduct 1st Degree Charges in Wayne County based on an old, backlogged, untested Detroit Rape Kit?

Can I get the Homes Youthful Trainee Act ("HYTA") for First Degree Criminal Sexual Conduct?

No, you cannot get HYTA for Criminal Sexual Conduct 1st Degree in Michigan. The Michigan Holmes Youthful Trainee Act, MCL 762.11, normally allows a young person between age 17 and 24 at the time of the offense to plead guilty without having a conviction on their record. However, because CSC 1 is so serious, paragraph (2)(d) of the HYTA specifically says it does not apply. If you are convicted, you stand convicted. All the more reason to fight a First Degree Criminal Sexual Conduct charge.

However, this is not to say that a person charged with First Degree Criminal Sexual Conduct in Michigan can never end up getting HYTA. If you are charged with CSC 1, were between the ages of 17 and 24 at the time of the alleged offense, and want to avoid having a permanent record, you’ll need to either: a) fight the charge at trial and be found NOT GUILTY; or b) plead to a lesser charge for which HYTA is available. It is within the Judge’s discretion whether to grant HYTA, but is is within the Prosecutor’s discretion whether to offer a plea to a lesser charge that is eligible for HYTA. The most important advantage of getting HYTA is that you would not have to register as a sex offender. 

What is the Sentence for First Degree Criminal Sexual Conduct (CSC 1) in Michigan? Will I go to jail or prison for First Degree CSC in Michigan?

Although it’s almost as hard to say as it is to hear, if you are convicted of First Degree Criminal Sexual Conduct under MCL 750.520b, you are most likely going away to State Prison for a long time. Your particular Sentence will be calculated under the Michigan Sentencing Guidelines, taking account of your criminal history and the facts of this new CSC 1 case.

Regarding sentencing, the Michigan 1st Degree CSC law says it is punishable by “imprisonment for life or for any term of years.” As mentioned above, lifetime electronic monitoring (GPS tether) is mandatory.

If you were 17 or older and the victim is younger than 13, the MINIMUM Prison time is 25 years. If you were 18 or older and the victim was younger than 13, and you were previously convicted of Criminal Sexual Conduct against a person under 13, the Sentence is MANDATORY LIFE in Prison WITHOUT THE POSSIBILITY OF PAROLE.

RELATED: Can I be convicted of First Degree CSC based only on hearsay?

To top it all off, the Michigan First Degree Criminal Sexual Conduct statute allows Consecutive Sentencing. Normally, where more than one criminal charge (or “count”) arises from the “same transaction or occurrence,” the time you receive for each one must run “concurrently,” meaning if you are charged with two crimes and receive 4 years for each, you only serve a total of 4 years in Prison. With Consecutive Sentencing, they run back to back, so that in our example, you’d serve 8 years in Prison.

To best avoid spending the rest of your life in prison for First Degree Criminal Sexual Conduct, you need the qualified defense guaranteed at the Prain Law, PLLC. If you fail to secure adequate legal representation, imperative details of your case may go overlooked. We will ensure you receive the best possible outcome in your First Degree Criminal Sexual Conduct case. Charges of First Degree Criminal Sexual Conduct pose a tremendous risk to your well-being and freedom, and these accusations need to be addressed by Criminal Sexual Conduct defense experts.