If the sexual contact/sexual act did not actually occur, but the facts show that you assaulted a person by intending to touch their private parts, you may be charged with:
Assault with Intent to Commit Criminal Sexual Conduct Second Degree
Below is the legal definition of assault with the intent to commit criminal sexual conduct second degree, as defined under the Michigan Compiled Laws; MCL 750.520g(2)
Assault with intent to commit criminal sexual conduct requires proof that you committed an assault, with the specific intent to touch the accuser’s genital area, groin, inner thigh, buttock, breast, or clothing covering those areas, for the purpose of sexual arousal or sexual gratification.
This, by the way, has nothing to do with the intent to commit criminal sexual penetration.
DO MY ACTIONS FIT THE CRIME OF ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT 2nd DEGREE?
There are only two things that must be established by the state to charge you with assault with intent to commit 2nd degree criminal sexual conduct:
- Proof you committed some kind of assault, and
- That assault was done with the intent to touch the accuser’s intimate parts
Frequently Asked Questions
Q: What is an example of someone being charged with assault with intent to commit criminal sexual conduct 2nd degree?
A: Let’s say you are a teacher, and you spank your students (assault). Five of the students you spanked said that when you spanked them you also touched their private parts for sexual gratification (the charge for these actions would be CSC 2nd Degree), but two of the students who were spanked did not claim you touched their private parts. It can be inferred that you spanked (the assault) the two children for purposes of wanting to touch their private parts for sexual gratification. As a result, you can be charged with assault with intent to commit 2nd Degree criminal sexual conduct.
Assault with intent to commit criminal sexual conduct in the second degree is a felony punishable by imprisonment for not more than five years.
You will also be required to register with the Michigan Sex Offender Registry.
If you plead no contest, plead guilty, or are found guilty of assault with intent to commit CSC second degree, it is considered a felony punishable by you either facing prison time in the Michigan Department of Corrections/Youth Correctional Facility, jail, and/or probation, on top of being on the sex offender registry.
If a child is involved in the assault, which is typically the case for an assault with intent to commit criminal sexual conduct 2nd degree felony charge, consent is NEVER a defense.
One defense to this kind of charge is that while there may have been an assault, it had nothing to do with a sexual intent.
The other defense is that nothing happened, the child is lying.
Remember, calling a child a liar could have an adverse effect on the outcome of your case because jurors do not like to believe that children would make up such intimate facts about their bodies.
If your lawyer decides to accuse a child of not telling the truth, there is a right way and a wrong way to go about it. The consensus is to believe what a child is saying. Therefore, you need a lawyer that can not only properly convey your defense, but has the skills and experience to back it up.
Hire Blank Law, PC
Michigan criminal defense lawyer Nicole Blank Becker has been trained in how to properly and effectively talk to children who believe they were sexually assaulted.
Nicole’s 20+ years of experience, thousands of jury trials under her belt, and her previous role as the Chief of the Sex Unit prove that she is capeable of handling sexual assault cases that may have a child testify.
Nicole also prides herself on forming an excellent attorney-client relationship to help put your mind at ease during these stressful times.
If you or someone you know is being investigated by a detective or charged with a crime, you must call attorney Nicole Blank Becker now!
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