The Definition Of 1st And 3rd Degree CSC

There are four categories of sexual assault charges in Michigan. A person convicted of CSC charges in the first, second and third degree will almost certainly be sentenced to prison time. The vast majority of people convicted of CSC in the fourth degree usually spend some time in jail.  People convicted for these crimes also have to register as a sex offender in Michigan. This blog post will clearly explain the differences between 1st and 3rd Degree CSC. 

In order to figure out what type of a criminal sexual assault charges a person might be facing, a determination must be determined to see if there was penetration. Penetration does not mean only sexual intercourse, it also includes oral sex, an intrustion of any part of the human body into anal or genital openings. 

If an allegation of sexual assault includes any type of penetration, it will fall into 1st degree or 3rd degree CSC. 

1st Degree Offenses

A person convicted for 1st degree CSC can be sentenced up to life in prison and face a minimal sentence of at least 25 years. A person will also have to deal with mandatory lifetime electronic monitoring.

Here is the list of facts needed for a prosecutor to charge a defendant with criminal sexual conduct in the 1st degree:

The victim is under the age of 13 years old:

If the victim is at least 13 years old but no older than 15 years old, and is either related to the defendant, the victim lives in the household of the defendant, or if the defendant has a position of authority to the victim;

When the defendant is a teacher, or an administrator of the school or a substitute teacher and the victim is younger than the age of 16;

The defendant works for or is a contract employee of the school where the 

3rd Degree Offenses

Any sexual assault that has penetration but does not have the facts needed to issue a CSC first degree charge will be charged as CSC in the third degree. The maximum punishment for a conviction of this crime is 15 years in prison and registration on the sex offender registry. 

A charge of criminal sexual conduct in the third degree applies when the following facts are established:  

If the victim is between 13 and under 16 years old;

If coercion or force used;

If the defendant knew the victim was physically helpless or was incapacitated mentally at the time of the sexual penetration;

The defendant is related to the victim

If the victim is between 16 and 18 years old and is a student attending school where the defendant is either a substitute teacher, teacher, administrator, volunteer, service provider.

If the victim is between the ages of 16 and 26 and receiving special education instruction and the defendant is a substitute teacher, administrator, teacher, administrator, volunteer or a contract service provider. victim attends;

When coercion or force was used to engage in sexual penetration or the victim was incapacitated;

A weapon was used to complete the sexual assault;

A personal injury happened from the force/coercion;

An incapacitated victim suffered a personal injury;

The defendant was engaging in another felony;

The defendant was receiving medical treatment or an examination for medical purposes and was sexually assaulted.

The criminal penalties for each CSC conviction are serious; those found guilty may lose their freedom for a substantial number of years, or even life depending on the specific facts of the case.  Registration as a sex offender is another factor the majority of those convicted will face, which can impact almost every aspect of the defendant’s life.