| Sex
Offenses
If you have been charged with a sex crime, you
are of course, facing possible serious jail time.
Jail time, however, could only be the start of
your problems. You could be labeled a "sex
offender." This is a lifelong stigma with
lifelong consequences. If you are convicted of
certain sex crimes, you may have to go through
sex offender registration. That registration could
follow you for the rest of your life, no matter
where you go. Your entire community will know
who you are, what you have done, and that you
are a "sex offender."
If you are currently under investigation, read
about the
Prefile Investigation.
Some Michigan sex-based offenses
include:
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First Degree Criminal Sexual Conduct
*
Second Degree Criminal Sexual Conduct
*
Third Degree Criminal Sexual Conduct
*
Fourth Degree Criminal Sexual Conduct
At Johnson Law Group, we understand how to investigate
allegations of sexual misconduct. We understand
that many people are wrongly accused of having
committed sex offenses. We also understand that,
due to the sensitivity of such crimes, prosecutors
are under extreme pressure to "throw the
book" at alleged offenders despite the weakness
of the allegations. We have seen these investigations
from the inside. We know how to fight these allegations,
and find and present the kind of evidence that
will exonerate you. We will not lecture you about
what happened. We will not make moral judgments
about the crimes involved. What we will do is
defend you tenaciously against the charges brought
against you. If ever you need someone on your
side, it is when you are charged with a sex crime.
If you have been charged with a sex offense,
do not hesitate to call us, and do not be embarrassed.
Hesitation now could lead to a lifelong stigma.
At Johnson Law Group, we will fight the charges
against you. Contact us to discuss your situation
in complete confidence.
What is the difference between Rape and
Sexual Assault?
Rape is often used as a generic term for unwanted
sexual acts. However, its common-law definition
required the sexual act to be intercourse, the
rapist to be a man, and the victim to be a woman,
other than his wife. Furthermore, the act had
to be done by force or the threat of force. Common-law
rules often required the rape to be corroborated
by independent witnesses to negate the offender's
defense of consent.
Many modern-day codes no longer use the term
"rape" but instead use criminal sexual
abuse, criminal sexual assault or criminal sexual
conduct (CSC) to define the prohibited acts. Traditional
rape is covered by these statutes and may be designated
sexual abuse in the first degree. However, most
sexual assault statutes cover more kinds of sexual
acts and apply to homosexuals as well as heterosexuals.
Husbands can generally be charged with sexual
assault of their wives, although they may receive
a lighter sentence than non-marital sexual assault.
Lesser offenses, such as unwanted touching or
lascivious acts may be included in the definition
of sexual assault.
If you have been charged with a sex offense,
do not hesitate to call us, and do not be embarrassed.
Hesitation now could lead to a lifelong stigma.
At Johnson Law Group, we will fight the charges
against you. Contact
us to discuss your situation in complete
confidence.
We Fight to Win!
First
Degree Criminal Sexual Conduct
M.C.L.A. 750.520b
(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:
(a) That other person is under 13 years of age.
(b) That other person is at least 13 but less
than 16 years of age and any of the following:
(i) The actor is a member of the same household
as the victim.
(ii) The actor is related to the victim by blood
or affinity to the fourth degree.
(iii) The actor is in a position of authority
over the victim and used this authority to coerce
the victim to submit.
(iv) The actor is a teacher, substitute teacher,
or administrator of the public or nonpublic school
in which that other person is enrolled.
(c) Sexual penetration occurs under circumstances
involving the commission of any other felony.
(d) The actor is aided or abetted by 1 or more
other persons and either of the following circumstances
exists:
(i) The actor knows or has reason to know that
the victim is mentally incapable, mentally incapacitated,
or physically helpless.
(ii) 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).
(e) 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.
(f) 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:
(i) When the actor overcomes the victim through
the actual application of physical force or physical
violence.
(ii) 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.
(iii) 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.
(iv) 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.
(v) When the actor, through concealment or by
the element of surprise, is able to overcome the
victim.
(g) 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.
(h) That other person is mentally incapable,
mentally disabled, mentally incapacitated, or
physically helpless, and any of the following:
(i) The actor is related to the victim by blood
or affinity to the fourth degree.
(ii) 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:
(a) Except as provided in subdivisions (b) and
(c), by imprisonment for life or for any term
of years.
(b) 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.
(c) 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 without the possibility of parole if
the person was previously convicted of a violation
of this section or section 520c, 520d, 520e, or
520g [FN1] 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.
(d) 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. [FN2]
(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.
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Second
Degree Criminal Sexual Conduct
M.C.L.A. 750.520c
(1) A person is guilty of criminal sexual conduct
in the second degree if the person engages in
sexual contact with another person and if any
of the following circumstances exists:
(a) That other person is under 13 years of age.
(b) That other person is at least 13 but less
than 16 years of age and any of the following:
(i) The actor is a member of the same household
as the victim.
(ii) The actor is related by blood or affinity
to the fourth degree to the victim.
(iii) The actor is in a position of authority
over the victim and the actor used this authority
to coerce the victim to submit.
(iv) The actor is a teacher, substitute teacher,
or administrator of the public or nonpublic school
in which that other person is enrolled.
(c) Sexual contact occurs under circumstances
involving the commission of any other felony.
(d) The actor is aided or abetted by 1 or more
other persons and either of the following circumstances
exists:
(i) The actor knows or has reason to know that
the victim is mentally incapable, mentally incapacitated,
or physically helpless.
(ii) The actor uses force or coercion to accomplish
the sexual contact. Force or coercion includes,
but is not limited to, any of the circumstances
listed in section 520b(1)(f). [FN1]
(e) The actor is armed with a weapon, or any
article used or fashioned in a manner to lead
a person to reasonably believe it to be a weapon.
(f) The actor causes personal injury to the
victim and force or coercion is used to accomplish
the sexual contact. Force or coercion includes,
but is not limited to, any of the circumstances
listed in section 520b(1)(f).
(g) 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.
(h) That other person is mentally incapable,
mentally disabled, mentally incapacitated, or
physically helpless, and any of the following:
(i) The actor is related to the victim by blood
or affinity to the fourth degree.
(ii) The actor is in a position of authority
over the victim and used this authority to coerce
the victim to submit.
(i) That other person is under the jurisdiction
of the department of corrections and the actor
is an employee or a contractual employee of, or
a volunteer with, the department of corrections
who knows that the other person is under the jurisdiction
of the department of corrections.
(j) That other person is under the jurisdiction
of the department of corrections and the actor
is an employee or a contractual employee of, or
a volunteer with, a private vendor that operates
a youth correctional facility under section 20g
of 1953 PA 232, MCL 791.220g, who knows that the
other person is under the jurisdiction of the
department of corrections.
(k) That other person is a prisoner or probationer
under the jurisdiction of a county for purposes
of imprisonment or a work program or other probationary
program and the actor is an employee or a contractual
employee of or a volunteer with the county or
the department of corrections who knows that the
other person is under the county's jurisdiction.
(l) The actor knows or has reason to know that
a court has detained the victim in a facility
while the victim is awaiting a trial or hearing,
or committed the victim to a facility as a result
of the victim having been found responsible for
committing an act that would be a crime if committed
by an adult, and the actor is an employee or contractual
employee of, or a volunteer with, the facility
in which the victim is detained or to which the
victim was committed.
(2) Criminal sexual conduct in the second degree
is a felony punishable as follows:
(a) By imprisonment for not more than 15 years.
(b) In addition to the penalty specified in
subdivision (a), the court shall sentence the
defendant to lifetime electronic monitoring under
section 520n [FN2] if the violation involved sexual
contact committed by an individual 17 years of
age or older against an individual less than 13
years of age.
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Third
Degree Criminal Sexual Conduct
M.C.L.A. 750.520d
(1) A person is guilty of criminal sexual conduct
in the third degree if the person engages in sexual
penetration with another person and if any of
the following circumstances exist:
(a) That other person is at least 13 years of
age and under 16 years of age.
(b) Force or coercion is used to accomplish
the sexual penetration. Force or coercion includes
but is not limited to any of the circumstances
listed in section 520b(1)(f)(i) to (v). [FN1]
(c) The actor knows or has reason to know that
the victim is mentally incapable, mentally incapacitated,
or physically helpless.
(d) That other person is related to the actor
by blood or affinity to the third degree and the
sexual penetration occurs under circumstances
not otherwise prohibited by this chapter. It is
an affirmative defense to a prosecution under
this subdivision that the other person was in
a position of authority over the defendant and
used this authority to coerce the defendant to
violate this subdivision. The defendant has the
burden of proving this defense by a preponderance
of the evidence. This subdivision does not apply
if both persons are lawfully married to each other
at the time of the alleged violation.
(e) That other person is at least 16 years of
age but less than 18 years of age and a student
at a public or nonpublic school, and the actor
is a teacher, substitute teacher, or administrator
of that public or nonpublic school. This subdivision
does not apply if the other person is emancipated
or if both persons are lawfully married to each
other at the time of the alleged violation.
(2) Criminal sexual conduct in the third degree
is a felony punishable by imprisonment for not
more than 15 years.
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Fourth
Degree Criminal Sexual Conduct
M.C.L.A. 750.520e
(1) A person is guilty of criminal sexual conduct
in the fourth degree if he or she engages in sexual
contact with another person and if any of the
following circumstances exist:
(a) That other person is at least 13 years of
age but less than 16 years of age, and the actor
is 5 or more years older than that other person.
(b) Force or coercion is used to accomplish
the sexual contact. Force or coercion includes,
but is not limited to, any of the following circumstances:
(i) When the actor overcomes the victim through
the actual application of physical force or physical
violence.
(ii) 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 that threat.
(iii) 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
that threat. As used in this subparagraph, "to
retaliate" includes threats of physical punishment,
kidnapping, or extortion.
(iv) When the actor engages in the medical treatment
or examination of the victim in a manner or for
purposes which are medically recognized as unethical
or unacceptable.
(v) When the actor achieves the sexual contact
through concealment or by the element of surprise.
(c) The actor knows or has reason to know that
the victim is mentally incapable, mentally incapacitated,
or physically helpless.
(d) That other person is related to the actor
by blood or affinity to the third degree and the
sexual contact occurs under circumstances not
otherwise prohibited by this chapter. It is an
affirmative defense to a prosecution under this
subdivision that the other person was in a position
of authority over the defendant and used this
authority to coerce the defendant to violate this
subdivision. The defendant has the burden of proving
this defense by a preponderance of the evidence.
This subdivision does not apply if both persons
are lawfully married to each other at the time
of the alleged violation.
(e) The actor is a mental health professional
and the sexual contact occurs during or within
2 years after the period in which the victim is
his or her client or patient and not his or her
spouse. The consent of the victim is not a defense
to a prosecution under this subdivision. A prosecution
under this subsection shall not be used as evidence
that the victim is mentally incompetent.
(f) That other person is at least 16 years of
age but less than 18 years of age and a student
at a public or nonpublic school, and the actor
is a teacher, substitute teacher, or administrator
of that public or nonpublic school. This subdivision
does not apply if the other person is emancipated
or if both persons are lawfully married to each
other at the time of the alleged violation.
(2) Criminal sexual conduct in the fourth degree
is a misdemeanor punishable by imprisonment for
not more than 2 years or a fine of not more than
$500.00, or both.
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