Criminal sexual conduct fourth degree is the least harsh charge that exists when it comes to acts of sexual contact/sex crimes, within the CSC degrees. Fourth-degree criminal sexual conduct has to do with unwanted sexual touching/sexual contact. If you, or anyone you know, have been charged or are under investigation, our experienced Michigan criminal sexual conduct lawyers can help you. Contact us now.
Sexual touching encompasses any of the intimate parts of someone’s body, including, but not limited to, the penis, vagina, anus, inner thigh, chest, etc.
The “sexual contact” can be over the clothing or under the clothing. If there is some type of contact with your body, like your fingers, toes, an object, etc., with the private part(s) of another person, again, no matter if it’s over or under their clothes, you can be charged with criminal sexual conduct fourth degree.
Although fourth-degree criminal sexual conduct is the lowest charge of all four CSC crimes, it is not a misdemeanor crime, but rather a felony that can lead to years of disruption in your life.
According to the legal definition of 4th-degree CSC as defined under the Michigan Penal Code; MCL 750.520e, if your actions match any of the below circumstances, you may be charged/investigated for CSC 4th Degree:
Q: I own a bar. When the bar was super busy and one of my waitresses walked by me she claimed that I touched her butt. Can I be charged with fourth-degree criminal sexual conduct when that is not true?
A: The waitress may claim that you touched her butt on purpose. If she does, then YES, you can be charged with criminal sexual conduct fourth degree for touching. Remember, for purposes of CSC charges, all the state needs is to have an accuser who claims something sexual happened to him or her, and that is enough to move forward with charging you.
Q: My best friend and I are hanging out watching TV on the couch. While lying there, I brushed my hand over her breast, over her tank top, because I was under the impression that she liked me more than just a friend. Can I be charged with 4th-degree criminal sexual conduct?
A: The quick answer is YES. If your best friend goes to the police and makes sex crime allegations against you of intentional touching of her breast without her consent, that is all the state needs to pursue fourth-degree criminal sexual conduct charges against you.
Q: Another adult and I engaged in consensual kissing. While kissing, I moved my hand towards the inside of her thigh. Can I be charged with fourth-degree criminal sexual conduct?
A: Yes. If she did not consent to any intentional touching/sexual contact of her intimate parts, inside the thigh included, then she can go to the police and tell them she was raped by you. All it takes to charge you with criminal sexual conduct fourth degree is her word against yours.
Q: I brought a girl back to my dorm room after a fraternity party. At the party, everyone was drinking. In fact, on my walk back to my dorm the girl threw up on the grass. Once we got in bed, I started making out with her and touching her breasts. The next day she tells her friends I raped her. We were both wasted and she acted like she was into it. Can I be charged with criminal sexual conduct fourth degree?
A: Yes. If she claims that she did not want to engage in any sexual contact with you, and you did it anyway, you could be charged with 4th-degree criminal sexual conduct. Since she was drunk, as evidenced by slurring, not being able to walk without assistance, or throwing up, legally she may be considered mentally incapacitated, meaning she cannot consent to sexual activity in the first place. Therefore, you can be charged with fourth-degree CSC.
Let’s even take it one step further. If she claims that, as a result of your intentional touching of her intimate areas, she suffered mental anguish, that could raise your charges to criminal sexual conduct 2nd degree.
Consent is a defense to criminal sexual conduct fourth degree.
If the accuser claims to have been inappropriately touched by you, a proper defense is that he or she consented to the sexual contact. That is why it is so important to make sure that you have a conversation with your partner BEFORE engaging in sexual contact.
If you engage in non-consensual sexual touching of someone’s private parts, i.e. penis/vagina, anus, inner thigh, chest, etc., you are the one who will be facing rape charges in the future. That is why you must call attorney Nicole Blank Becker now!
Consent is so important. It can make the difference between going forward with your life as usual or suddenly being faced with several criminal charges.
CALL MICHIGAN 4TH DEGREE CSC DEFENSE ATTORNEY NICOLE BLANK BECKER NOW
If you are charged with or are being investigated for fourth-degree criminal sexual conduct, you must make sure you have the right Michigan criminal defense lawyer in your corner. This is why it is imperative when you want the best, that you hire the best, and criminal sexual conduct defense attorney Nicole Blank Becker is hands down the best.
By hiring the best attorney for your case, you give yourself the best chance for the results you are looking for. Nicole will meet with you immediately to discuss the details of your case, and she will be 100% transparent with you when discussing the pros and cons of your case. If you have been charged or are under investigation Blank Law, PC can help you. Contact us now.