Defining Child Molestation

Child sexual abuse or molestation is when a person has sexual contact with a child. In most cases, children know their abusers. Perpetrators can be family members, neighbors, coaches, teachers, clergy members, caretakers, family friends, or other trusted adults. Examples of child sexual abuse might include sexual touching, penetration, manipulating the child to do something sexual, or taking graphic photos of children. Perpetrators use grooming behaviors to gain a child’s trust and slowly introduce sexual contact.



Under the Michigan Penal Code, there is no law specifically for molestation. Instead, there are two types of conduct that are prohibited by law. These are enumerated in the Criminal Sexual Conduct Act and are prohibited sexual contact and sexual penetration. Child molestation in Michigan is usually a CSC. The degree of the charge will depend on the allegations made as well as the prosecuting attorney’s discretion.  Penalties range from a couple of years in prison up to possible life in prison. Then there are parole restrictions. In addition, even after release from prison, registration on Michigan’s public sex offender registry is required.


The criminal offenses that prosecutors use to charge people for sexual contact or molestation are criminal sexual conduct second degree and criminal sexual conduct fourth degree.


Penalties for Sexual Molestation

The penalties for a sexual contact crime of criminal sexual conduct second degree or criminal sexual conduct fourth degree are very serious. A criminal sexual conduct second degree is a felony with a maximum sentence of up to 15 years in prison. Additionally, if a person is convicted, then they would have to register as a tier two sexual offender, unless the other person was younger than 13 years of age, and then the person would be required to register as a tier three offender under the Sex Offender Registration Act (SORA). However, criminal sexual conduct second degree does have the possibility of probation, so it is possible to be convicted of a criminal sexual conduct second degree and not go to prison.


It is very important to have an attorney who understands the law and how the elements affect the charges, because it is possible to be charged with one crime but convicted of another. Relevant case law has decided that if you prove at trial that you are innocent of the charge the prosecutor brought, then you can still be convicted of a lesser offense that was not initially charged. Consequently, an attorney will consider defending against the elements of lesser charges not initially brought at trial, because the ultimate goal is to avoid having any type of conviction on your record.


If you or someone you know is being charged with criminal sexual conduct or a related sex crime against a minor, then it is in your best interest to retain a competent and qualified attorney.

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