The 4 Degrees Of Criminal Sexual Conduct

 Under the law, there are four degrees of CSC and they cover a range of sexual contact and levels of force or intimidation. This post is intended to simplify the difference between the 1st, 2nd, 3rd, and 4th Degree CSC charges. 

The first step is to determine if the allegation involves penetration. Penetration includes sexual intercourse, anal intercourse, oral sex, or intrusion of any other body part or object into genital or anal openings. If the allegation includes penetration, it will into the category of 1st degree criminal sexual conduct or 3rd degree criminal sexual conduct.

 

 

First Degree Criminal Sexual Conduct

 

The 1st degree CSC penalty is 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 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.

 

Second Degree Criminal Sexual Conduct

2nd  degree CSC is one of four degrees of criminal sexual conduct (CSC) offenses. The majority of Michigan’s sex crimes are dealt with in one of the four degrees of CSC. Second degree CSC charges involve allegations of illegal and aggravated sexual contact against another individual. CSC 2nd degree as defined by the state of Michigan is listed under the penal code 750.520c.

It is important to understand the concept of what constitutes sexual contact. As opposed to sexual penetration, sexual contact does not include the insertion of a body part or item into another person’s body cavity. The exact definition of sexual contact is as follows:

Sexual contact includes the intentional touching of the victim’s or actor’s intimate parts or the intentional touching of the clothing covering the immediate area of the victim’s or actor’s intimate parts, if that intentional touching can reasonably be construed as being for the purpose of sexual arousal or gratification, done for a sexual purpose, or in a sexual manner for revenge, to inflict humiliation, or out of anger.

Third Degree Criminal Sexual Conduct

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. 

 

Fourth Degree Criminal Sexual Conduct

Just like second degree offenses, Fourth degree CSC involves allegations of sexual contact, not penetration, but also include other factors.  Although this is the least severe of the four degrees of CSC, it still carries the potential for spending 25 years on the sex offender registry for many people who are charged with this crime. It also carries a possible penalty of up to 2 years in  prison.

 

Because sex crime cases often include subtleties and differing versions of situations, there could be gaps or discrepancies in the account of circumstances laid out by the prosecutor. Team of criminal sexual conduct defense attorneys will find those inconsistencies and know how to present the evidence and facts that back up your narrative and your innocence. With an attorney's help, you might get your charge reduced, dismissed, or get acquitted by a jury, to soften the impact on your life.