3rd Degree CSC Legal Definition

3rd degree criminal sexual conduct includes what is commonly known as statutory rape which involves sex with a person who is younger than 16 years of age as well as the traditional definition of rape, which involves non-consensual sex by means of force or coercion. Third degree CSC charges are outlined in the Michigan Penal Code (750.520d), and a person is guilty of CSC in the third degree if sexual penetration occurs accompanying any of the following:




The other person is between 13 and 16 years of age.


Force or coercion (i.e. weapons, articles used to imitate weapons, physical violence, 


threats of violence, threats of future harm, unacceptable medical treatment or examination, surprise or concealment) is used to commit sexual penetration.


The accused knows (or has reason to know) the victim is mentally incapable, mentally incapacitated, or physically helpless.


The other person is related to the accused by blood or affinity to the third degree.


The other person is over 16 but under 18 years old and the accused is any of the following: 


a teacher, substitute teacher, or administrator of the school or district in which that 

person is enrolled (unless that other person is emancipated or the two are legally married at the time of the alleged crime); an employee, volunteer or service provider of the school or district (who is not a student) and uses this standing to gain access to or establish a relationship with the other person.



The other person is between 16 and 26 years of age and is receiving special education services combined with any of the following: the accused is a teacher, substitute teacher, administrator, employee, or non-student volunteer and uses this status to gain access to or establish a relationship with the other person.




3rd- Degree Sexual Assault Penalties



CSC third degree is a felony punishable by up to 15 years in prison. Additionally, those convicted of criminal sexual conduct third degree will end up on Tier 3 of the Michigan Sex Offender Registry. Tier 3 requires lifetime registration, unless the offender qualifies to get off the registry early. There are circumstances where a sentence can be enhanced beyond the normal 15 year statutory maximum. 3rd degree criminal sexual conduct is covered under Michigan’s penal code 750.520d.




If you are convicted of third degree criminal sexual conduct under MCL 750.520d, you are likely going to jail or state prison. Your actual sentence will be calculated according to the Michigan Sentencing Guidelines, which factors in your criminal history and the circumstances of the current criminal charges. Under the Sentencing Guidelines, third degree criminal sexual conduct is a Class B crime against a person, essentially meaning that lengthy incarceration is inevitable upon conviction.




Yes, this is all very scary, but you must stay positive. Instead of focusing on how much jail or prison time you could get, it is far more beneficial to focus on aggressively fighting your charges by hiring the right defense lawyer.

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