Next, if the other person is related to the accused by blood or affinity in the third degree. These cases can be especially challenging, because if a person lives in the same house or is related, then they qualify for a criminal sexual conduct fourth degree charge simply by being a member of the same family. It is not unheard of for sexual conduct charges to be part of a custody battle, or in retaliation for some other grievance.
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Another factor that would qualify as intentional sexual contact is if the other person is mentally incapable, mentally incapacitated, or physically helpless. Additionally, if force or coercion is used to accomplish the sexual contact, then it would qualify to be charged as a criminal sexual conduct fourth degree. However, if force and coercion is used and it is accompanied by personal injury, then the charge could be elevated to criminal sexual conduct second degree. There are five specific uses of force or coercion described in the statute.
The Difference Between 1st, 2nd, 3rd and 4th Degree CSC
The first is when the other person is overcome with the actual application of physical force. The next two are when someone threatens the use of physical force at the time of the incident or sometime in the future, and the other person believes they have the ability to carry out the threat. Next, if the person engages in medical treatment or examination that is medically recognized as unethical or unacceptable. This is basically intentionally touching someone sexually under the pretext of it being part of a routine medical examination or procedure. Finally, if someone makes an intentional sexual contact through concealment or by the element of surprise, then it would qualify as a criminal sexual conduct fourth degree if proven in court.
There has been a growing prevalence of teachers and students engaging in relationships that have been determined to be illegal under Michigan law.
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If you are a teacher, school administrator, or employee of a school and engage in sexual contact with a student who is at least 16 years old but under 18 years old, then you may be charged with criminal sexual conduct fourth degree. This provision also applies to people who volunteer at a school and are not students. However, if you are a teacher, administrator, or employee of a school for special education services, then the applicable age range for a criminal sexual conduct fourth degree charge increases to at least 16 years of age and up to 26 years of age.
If you are a mental health professional, then you could be held culpable for sexual contact with a client if the sexual contact occurs within two years of treatment.
Here, the consent of the victim is not considered a defense, because the client is considered vulnerable and the mental health professional is in a role of authority. Similarly, if a person is an employee, contractual service provider, volunteer at a child care organization, or a person licensed to operate a foster family home, then sexual contact with a person at least 16 years of age can also result in a criminal sexual conduct fourth degree charge.
However, this is an offense for which probation is a legally authorized sentence, and therefore, it is possible to receive a conviction for criminal sexual conduct fourth degree and never have to serve jail time. If you are convicted or plead guilty to a criminal sexual conduct fourth degree charge, then you have to register as a sex offender. Criminal sexual conduct fourth degree can either be a tier one, tier two, or tier three offense under the Sexual Registration Offender Act SORA depending on what set of circumstances the prosecutor used for the conviction.
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If the other person was under 13 years of age, and the person convicted was 17 years or older then it is a tier three offense. If the other person was at least 13 but younger than 18 years of age, then it is a tier two listed offense. The contact must have been done for sexual purposes or could reasonably be construed as having been done for sexual purposes.
The individual will be listed on the Michigan Sex Offender Registry as follows: If the victim was under 13 years old and the offender was 17 years old or older, then he or she would register as a Tier III Offender for life. If the victim was at least 13 years old but not yet 18 years old, then the offender would register as a Tier II Offender for 25 years. If the victim was 18 years old or older, then the offender would register as a Tier I Offender for 15 years. If the offender has not yet reached 16 years of age, then he or she will NOT be required to register.
When defending against an allegation of Criminal Sexual Conduct - Fourth Degree, you must consider the following: The testimony of a victim does NOT have to be corroborated in a prosecution. In fact, the victim's testimony can be the ONLY evidence to sustain a conviction. MCL An individual can assert as an absolute, affirmative defense that the victim actually consented to the sexual act.
However, the victim must have been of legal age, since consent is not a defense to statutory rape. Since it is an affirmative defense, the defendant has the burden of showing by a preponderance of the evidence that the sexual conduct was consensual. A victim is not required to have resisted the defendant. The defense is prohibited from producing evidence of specific instances of the victim's sexual conduct, or opinion and reputation evidence of the victim's sexual conduct, UNLESS the evidence is the victim's past sexual conduct with the defendant or evidence of specific instances of sexual activity showing the source or origin of semen, pregnancy, or disease known is Michigan's "rape-shield" law.
However, this proposed evidence may only be admitted if it is material to a fact at issue and that its inflammatory or prejudicial nature does not outweigh its probative value.
Michigan Legislature - Section e
A person may be charged and convicted of Criminal Sexual Conduct - Fourth Degree even if the victim is his or her legal spouse. This subparagraph does not apply if both persons are lawfully married to each other at the time of the alleged violation. As used in this subdivision, "child care organization", "foster family home", and "foster family group home" mean those terms as defined in section 1 of PA , MCL MCL Amended by , Act ,s 5, eff. Copy with citation. Cases citing this statute How cited U.
State Prosecutor for Wayne County
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