CSC 1st Degree Michigan: What You Need to Know
First degree criminal sexual conduct is the gravest form of sex offense you can be charged with in Michigan.
First degree criminal sexual conduct can involve either children or adults (depending upon the aggravating circumstances) and always contains some form of rape or what is sexual penetration. It also includes actions that most people might think of as child rape or child molestation, and sexual assault involving someone with a mental or physical disability.
Accusations of criminal sexual conduct, popularly known as CSC, in Michigan are divided into four different CSC degrees. Each degree has its own number of elements that must be alleged before you can be charged with criminal sexual conduct in Michigan. It is important you know that the age of the alleged victim is a crucial factor in determining how you will be charged.
The Significance of “Sexual Penetration”
The main difference between each of the four degrees is based on whether the allegation involves penetration or simply touching. While the inclusion of a sexual penetration accusation gives rise to either a criminal sexual conduct 1st degree or criminal sexual conduct 3rd degree charge, a sexual contact allegation falls into the criminal sexual conduct 2nd degree or criminal sexual conduct 4th degree categories.
Hence, you should know that sexual penetration can mean quite a number of things in Michigan. Beyond sexual intercourse, the Michigan Penal Code considers the following to be sexual penetration:
● Oral sex performed on either a male or female
● Anal Intercourse
● Insertion of an object into the genital or anal areas of another
● Virtual penetration (finger into vagina), among others
CSC 1st Degree Michigan
First degree criminal sexual conduct is defined in different ways and several types of action may result from it.
According to MCL 750.520(b), a person, whether male or female, can be charged with a crime of first degree criminal sexual conduct, or CSC 1, if he or she engages in sexual penetration with a person who is under the age of 13; or if any of these following circumstance involving sexual penetration occur:
- The other person is less than 16 years of age, but above 13 years of age, and the actor is a member of the same household as the other person
- The actor is an employee or volunteer of a child care facility or is licensed as a foster family group home caregiver in which the victim resides
- The actor is related to the victim by blood to the fourth degree or is in an authoritative position over the victim as a result of which the victim submits
- The actor is a teacher, substitute teacher, employee, state service provider, or volunteer in the intermediate school district in which the victim is enrolled in
- The sexual penetration happens during the commission of another felony, such as kidnapping or robbery
- The actor is armed with, or reasonably believed to be armed with, a weapon or uses physical force or coercion to sexually penetrate the victim and the victim suffers a personal injury in the process
- The actor knows, or should have known, that the victim is mentally disabled, mentally incapable, mentally incapacitated, or physically helpless and the actor causes personal injury to the victim
- The victim is mentally incapable, mentally incapacitated, or physically helpless and the actor and victim are related by blood to the fourth degree or the actor is in a position of authority over the victim
Punishment for a Crime of First Degree Criminal Sexual Conduct
First degree criminal sexual conduct is the most serious among the various degrees. If found guilty of it, the CSC 1st degree Michigan penalty is punishable by imprisonment for life, or any other term of years the court decides. The life imprisonment comes with a mandatory minimum sentence/mandatory minimum sentencing of 25 years or more if you, as the defendant, is 17 years old or older and your alleged victim is below the age of 13, per the Michigan sentencing guidelines.
A person convicted of first degree criminal sexual conduct will be slapped with a lifetime electronic monitoring sentence, which allows the state to keep track of their whereabouts and put them under closer supervision. They will also have to register with the Michigan Sex Offender Registry for life.
Get an Attorney!
Once charged with a first degree CSC sex crime, especially if your alleged victim is below the age of 13, you are nowadays guilty in the court of public opinion before being found guilty. Hence, it is important to have an experienced criminal sexual conduct attorney to stand by you and protect your rights.
Getting an experienced sexual assault attorney will avail you the chance of having a person who can scrutinize physical evidence in criminal sexual conduct cases, challenge expert testimony, and tell your story.
Hire Blank Law, PC to Work for You!
If you are under investigation or charged with criminal sexual conduct 4th degree, or any other sex crimes, you need the best sexual assault lawyer by your side. Nicole Blank Becker of Blank Law, PC is an experienced sex crimes defense attorney based in Michigan with a lengthy experience in sexual assault cases.
In over 20 years of practice, Nicole has served as the Chief of the Child Abuse Unit and the Chief of the Sex Crimes Unit in Macomb County, prior to going into private practice. Her experiences in these fields put her in a league of her own when it comes to criminal sexual conduct charges.
Nicole will use her knowledge and experience to aggressively fight for you. Additionally, Nicole understands the importance of the attorney-client relationship and aims to build a strong relationship with her clients to ensure that they do not feel stigmatized based on their charges. Rest assured that all confidential or sensitive information shared with her will remain completely private.