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750.520(g2): Criminal Sexual Conduct Second Degree Assault

Criminal sexual conduct (CSC) is a broad term describing all types of sex offenses in Michigan. Sex crimes refer to non-consensual sexual activities between two adults, sexual acts involving minors, and acts violating public decency standards. Examples of criminal sexual conduct include rape, sexual assault, child pornography, indecent exposure, and lewd conduct.

Sex crimes fall under four degrees of criminal sexual conduct, depending on the severity of the offense, the victim’s age, and the type of sexual activity involved. They are:

●       CSC 1st Degree

●       CSC 2nd Degree

●       CSC 3rd Degree

●       CSC 4th Degree

Sex offenses involving sexual penetration are categorized as criminal sexual conduct 1st degree or criminal sexual conduct 3rd degree. In contrast, those involving unwanted sexual contact are considered criminal sexual conduct 2nd degree or criminal sexual conduct 4th degree.

First degree criminal sexual conduct covers the most severe sex crimes, like rape, sexual assault, and sexual misconduct involving children. When a person commits an offense involving vaginal, oral, or anal penetration without the other person’s consent, they may be charged with CSC 1st degree.

Also, first degree criminal sexual conduct occurs if the sex crime involves a person under 13 or a person with a mental or physical disability. First degree CSC is a felony punishable by a maximum sentence of life imprisonment (see CSC 1st degree Michigan penalty).

Second degree criminal sexual conduct refers to crimes involving unwanted sexual contact. When a person sexually touches another person for sexual arousal or gratification without the other person’s consent, the offender may be charged with CSC 2nd degree in Michigan.

Second degree criminal sexual conduct also occurs if the victim is a child below 13, a person suffering a physical or mental disability, or a person who considers the perpetrator in a position of authority over them. Second degree criminal sexual conduct is a felony punishable by a maximum sentence of 15 years imprisonment and a hefty fine (see CSC 2nd degree Michigan penalty).

A person may be charged with third degree criminal sexual conduct for an offense involving criminal sexual penetration if the victim is a person 13 thru 15 years of age or 16 to 18 yers of age and the offender is a teacher, substitute teacher, or school employee (see teacher sexual misconduct). Criminal sexual conduct 3rd degree may also occur if the victim and offender are related or the victim is between the ages of 16 to 26 and in special education. Third degree criminal sexual conduct is a felony punishable by a maximum sentence of 15 years imprisonment (see CSC 3rd degree Michigan penalty).

Generally, fourth degree criminal sexual conduct covers the least serious sex crimes in Michigan. It occurs when the offense involves non-consensual sexual contact. A person who touches another person’s breasts, inner thigh, buttocks, or groin without consent may be charged with CSC 4th degree in Michigan. Fourth degree criminal sexual conduct is a felony punishable by a maximum sentence of two years imprisonment (see CSC 4th degree Michigan penalty).

750.520(g2): Criminal Sexual Conduct Second Degree Assault

The law prescribes severe punishment for sexual assault cases involving offenders who use force or the threat of force to commit second degree criminal sexual conduct (learn what force or coercion means here). The law would punish such offenders even if the sex crime were not committed. What is relevant is that assault with intent to commit criminal sexual conduct was committed.

Section 750.520g(2) of the Michigan Compiled Laws (MCL) states, “assault with intent to commit criminal sexual conduct in the second degree is a felony punishable by imprisonment for not more than 5 years.”

The crime described in this section only covers sex crimes involving unwanted sexual contact. Assault with intent to commit criminal sexual conduct 2nd degree does not include the intent to commit criminal sexual penetration. Thus, a person is charged with this offense if they assaulted another person intending to commit criminal sexual conduct of the second degree.

Assault with intent to commit criminal sexual conduct in the second degree occurs when a person assaults another person to touch the victims breasts, groin, inner thigh, buttocks, or clothing covering such intimate areas for sexual gratification or arousal.

Assault with intent to commit criminal sexual conduct 2nd degree typically occurs where the perpetrator attacks the alleged victim intending to commit a sex crime, but the illegal sexual activity is not completed. Therefore, the defendant may still be found guilty of this offense even if they could not complete or even begin the intended sexual activity. What is required is that assault was committed, and it was done with an intent to carry out unwanted sexual contact. Learn more about what is offensive touching here.

What are the Elements of Assault with Intent to Commit Second Degree Criminal Sexual Conduct?

When a person is charged with assault with intent to commit criminal sexual conduct in the second degree under MCL 750.520g(2), the prosecution must prove the following elements beyond a reasonable doubt to secure a conviction:

  1. The defendant attempted to assault the alleged victim or acted in such a way that any reasonable person would have apprehended or feared an immediate battery.
  2. The defendant attempted to harm the alleged victim or acted in such a manner that made the victim reasonably fear being assaulted at that time.
  3. The alleged perpetrator was capable, appeared capable, or thought themselves capable of assaulting the victim.
  4. The alleged perpetrator intended to engage in unwanted sexual contact.
  5. The defendant also intended to engage in non-consensual sexual contact for sexual gratification or arousal.
  6. One of the following scenarios was present:

a. The alleged victim was a child below 13 at the time of the offense.

b. The victim was between the ages of 13 to 15 at the time of the offense, and one of the following also applied:

      1. The perpetrator and victim are members of the same household,
      2. The perpetrator and victim are related by marriage or blood,
      3. The defendant occupied a position of authority over the victim, which was used to coerce the latter into the sexual act,
      4. The victim was enrolled in a school where the perpetrator was employed as a teacher, substitute teacher, or school administrator,
      5. The victim was enrolled in a school where the defendant was a volunteer, employee, or contractual service provider and the defendant used this status to build a relationship with or gain access to the victim,
      6. The victim was attending a Child Care Organization where the defendant worked as a volunteer, employee, or contractual service provider, or
      7. The victim resided in a foster-family home where the perpetrator had the license to operate.

c. The illegal sexual activity under circumstances amounting to a felony.

d. The defendant was aided and abetted in committing the offense and:

      1. The perpetrator used coercion or force, or
      2. The perpetrator was aware that the victim was physically helpless or mentally incapacitated.

e. The perpetrator was armed with a weapon.

f. The defendant used coercion or force, and the victim suffered a personal injury.

g. The perpetrator knew that the victim was physically helpless or mentally incapacitated, and the victim suffered a personal injury.

h. The victim was physically helpless or mentally incapacitated and:

      1. The defendant occupied a position of authority over the victim, which was used to coerce the latter into the sexual act, or
      2. The victim and defendant are related.

i. All of the following scenarios applied:

      1. The perpetrator was a volunteer, employee, or contractual employee of the Michigan Department of Corrections.
      2. The victim was under the jurisdiction of the Department of Corrections.
      3. The perpetrator was aware that the victim was under the jurisdiction of the Michigan Department of Corrections.

j. All of the following scenarios applied:

      1. The perpetrator was a volunteer, employee, or contractual employee of a private vendor running a youth correctional facility.
      2. The victim was under the jurisdiction of the Department of Corrections.
      3. The perpetrator was aware that the victim was under the jurisdiction of the Michigan Department of Corrections.

k. All of the following scenarios applied:

      1. The perpetrator was a volunteer, employee, or contractual employee of the Michigan Department of Corrections or the county.
      2. The victim was a probationer or prisoner under the county’s jurisdiction.
      3. The perpetrator was aware that the victim was under the county’s jurisdiction.

l. All of the following scenarios applied:

      1. The perpetrator was aware or had reason to be aware that the victim was detained in a facility while the victim was awaiting a court hearing or trial, or the victim was detained in a facility because the victim had been found guilty of an act that would be a crime if an adult had committed it.
      2. The perpetrator was a volunteer, employee, or contractual employee of the facility where the victim was detained.

What are the Penalties for an Assault with Intent to Commit Criminal Sexual Conduct Second Degree Conviction?

Criminal sexual conduct of any degree is serious and punishable with harsh penalties, including lengthy prison terms, life imprisonment, and hefty fines. Other penalties include lifetime electronic monitoring, probation, community service, and compulsory sex offender registration.

Assault with intent to commit criminal sexual conduct in the second degree is punishable by a maximum prison sentence of five years. Being convicted of this sex offense can also affect your reputation and relationship with your family and friends. In addition, it could cost you other privileges, such as an immigrant visa or professional license.

Therefore, you need to hire a top sex crimes defense lawyer if you have been charged with criminal sexual conduct second degree assault. Blank Law, PC is a criminal defense law firm specializing in sex crimes. We have successfully represented several defendants charged with various sex offenses. We can help you fight the criminal charges against you to avoid being convicted. Contact Blank Law, PC today for a free consultation today.

Will You Be Required to Register as a Sex Offender if You are Convicted of Criminal Sexual Conduct Second Degree Assault?

Generally, people convicted of a sex crime are required to register with the Michigan Sex Offender Registry. It is a mandatory penalty for all sex crimes in Michigan. Therefore, if you are convicted of assault with intent to commit criminal sexual conduct in the second degree, you may be required to register as a sex offender.

The duration of being registered as a sex offender often depends on the victim’s age and the severity of the offense. If the victim was a child below 13, you may be required to keep a permanent criminal record with the Michigan Sex Offender Registry. If the victim is between the ages of 13 to 17, you may need to register as a sex offender for 25 years. However, if the victim is an adult, you may be required to register as a sex offender for 15 years. Learn how to get off the sex offender registry in Michigan here.

What are the Legal Defenses Available for Second Degree Criminal Sexual Conduct Assault Charges?

If you are charged with assault with intent to commit criminal sexual conduct 2nd degree, the prosecution must establish your guilt beyond a reasonable doubt to secure a conviction. However, the prosecution’s case is weakened if you have a valid legal defense. This also increases your chances of beating the charges against you.

The legal defenses available in an assault with intent to commit criminal sexual conduct 2nd degree case are:

  1. The sexual act was done with the consent of the victim. However, this defense is only valid if the victim is an adult capable of giving consent. If the victim is a minor or a person who is mentally or physically incapacitated, consent cannot serve as a valid legal defense to the criminal charges against you. See what is the age of consent in Michigan.
  2. You did not intend to commit 2nd degree criminal sexual conduct. If you did not intend to commit second degree CSC and accidentally attacked the victim, it can serve as a legal defense against the charges against you.

Other sexual assault defense strategies exist, but you would need to speak with a criminal sexual conduct attorney to devise an aggressive defense tactic to beat the charges against you.

Hire Michigan Sex Crimes Attorney Nicole Blank Becker if You are Charged with Assault with Intent to Commit Criminal Sexual Conduct in the Second Degree

Sex crimes are severe and they attract harsh punishments. The consequences of a sex crime conviction can negatively affect your life permanently. You may be placed on extended probation, subjected to lifelong electronic monitoring, and denied gainful employment or housing opportunities.

Therefore, if you are charged with criminal sexual conduct second degree assault, you should hire a sex crimes defense lawyer immediately. Attorney Nicole Blank Becker is a top sex crimes defense lawyer who has helped many clients fight the sex crime charges against them. She can also help you navigate the criminal justice system and offer advice on the legal defenses available to you.

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Nicole Blank Becker respects the attorney-client relationship and, as such, she protects your confidentiality. Her experience as a former criminal prosecutor provides a unique advantage, increasing your chances of trial success. Contact her at (248) 515-6583 for a free consultation.

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Troy, MI 48083
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