MenuWhat Constitutes First-Degree Criminal Sexual Conduct According To Michigan Penal Code?
The Michigan Penal Code Section 750.520b defines first-degree criminal sexual conduct as sexual penetration with another person under certain circumstances. These include if the other person is under 13 years old or between 13 and 16 years old with certain additional circumstances. These can involve a relation to the victim by blood, living in the same household, or the offender being in a position of authority or employment that can be misused for sexual penetration.
The rape offense statute also covers situations where another sex crimes felony (or other felony) is committed during the sexual penetration, the offender uses force or coercion, or they are armed. It additionally includes situations where the offender causes personal injury to the victim during the commission of a sex crime, particularly if the victim is incapacitated or incapable of consent.
What Are The Specific Circumstances That Could Lead To A Charge Of First-Degree Criminal Sexual Conduct Involving A Person Who Is 13-16 Years Old?
If the person being penetrated is 13-16 years old, additional circumstances must be met to qualify the sex crime conduct as first-degree criminal sexual conduct. If, for example, the offender resides in the same house as their victim, they are “blood-related” to their victim, or they are misusing a power dynamic that involves a position of authority to commit coercion.
In addition, it applies if the offender is an educator, service provider, or volunteer in a school where the victim is enrolled, or works/volunteers for a child care organization where the victim resides. This law is nuanced and anyone who is facing rape charges should connect with the experienced criminal defense attorneys at our firm right away for more information.
What Is Considered Sexual Penetration Under The Circumstance Of The Commission Of Another Felony?
Sexual penetration that occurs in the course of committing another felony also constitutes first-degree criminal sexual conduct. In other words, if a person commits a different felony crime and simultaneously engages in sexual penetration, this would be a rape case defined by first-degree criminal sexual conduct.
How Does The Law Handle Situations Where The Offender Is Assisted Or Abetted By Others?
In cases where the offender is aided or abetted by anyone else in committing sexual penetration, the crime could be classified as a rape charge. Put another way, the alleged conduct could qualify as first-degree criminal sexual conduct if either the victim is unable to consent by virtue of incapacitation or incapability, or if the offender coerces or forces the victim.
What Constitutes “Force Or Coercion” In This Context?
“Force or coercion” includes, overcoming the victim through physical force or violence, making threats of force, violence, physical punishment, kidnapping, or extortion that the victim believes the offender can carry out, using unethical or unacceptable medical treatment or examination, or surprising or concealing from the victim to overcome them. Again, this language is nuanced and anyone who has questions about these definitions – and others detailed below – should connect with a sex crimes attorney at our firm immediately for more information.
What Are The Penalties For First-Degree Criminal Sexual Conduct?
First-degree criminal sexual conduct is a felony. Potential penalties include life imprisonment or any number of years. If the crime is committed by an individual over the age of 16 against someone under 13, the minimum sentence is 25 years. If the crime is committed by an individual over the age of 17 against someone under 13, and the individual has a prior conviction for a similar crime, the penalty will be life imprisonment. Lifetime electronic monitoring is also required.
Can a Criminal Defense Attorney Help You Beat a Criminal Sexual Conduct Charge?
What Is Meant By “A Person Is Mentally Incapable, Mentally Incapacitated, Or Physically Helpless”?
A person is considered “mentally incapable” if they have a mental condition that renders them unable to understand the nature or consequences of the sexual act, whether that condition is temporary or permanent. “Mentally incapacitated” refers to a person who is temporarily incapable of understanding or controlling their behavior because of a chemical compound administered without their consent or due to any other act committed upon them without their consent.
“Physically helpless” means that an individual is person is asleep, unconscious or otherwise cannot vocalize that they do not consent. Sometimes, criminal defense lawyers are able to disprove a single element of an offense – like this one – that allows a prosecutor’s case to crumble. All elements of an offense must be proven to secure a conviction.
What Is The Significance Of The Offender’s Authority Or Professional Position In Some Of The Circumstances Described?
This refers to cases where the offender is in a position of power or authority over the victim and abuses that position to accomplish the sexual penetration. This includes situations where the offender is a household member, teacher, school employee, volunteer, or contractual service provider in a public or nonpublic school where the victim is enrolled, or if the offender is associated with a child care organization or foster home where the victim resides.
What Does The Law State About An Actor Causing Personal Injury To The Victim?
The law outlines specific circumstances where causing personal injury to the victim can lead to charges of first-degree criminal sexual conduct. This includes situations where force or coercion is used to accomplish the sexual penetration, or where the offender knows or should know that the victim is incapacitated or is otherwise incapable of consent. Sex crimes attorneys can also advise alleged offenders as to the civil liability aspects of their circumstances, as a victim who has been harmed may be in a position to sue in civil court as well.
What Is Lifetime Electronic Monitoring?
Lifetime electronic monitoring refers to a form of surveillance where the person convicted of first-degree criminal sexual conduct is required to wear an electronic device, such as an ankle bracelet, that allows their location to be monitored at all times. This is often used as a way to keep track of offenders and to prevent re-offenses.
Does This Law Apply To Both Men And Women?
Yes, the law applies to any “person” and does not specify gender. Therefore, both men and women can be charged with first-degree criminal sexual conduct under this statute.
Seeking Legal Assistance For First-Degree Criminal Sexual Conduct in Michigan
Being charged with first-degree criminal sexual conduct in Michigan is a serious matter, and understanding the laws and potential consequences is crucial. If you or someone you know is facing allegations of rape, it’s imperative to seek the assistance of a skilled attorney who can provide personalized legal advice and representation.
Remember, legal support is essential in navigating the complexities of the criminal justice system and striving for a fair outcome. George Law is a respected law firm with experience in handling criminal defense cases, including those involving first-degree criminal sexual conduct charges. Reach out to George Law today by calling (248) 247-7459 or by contacting us online.