Michigan Second-Degree Criminal Sexual Conduct Defense Attorneys

Second-degree criminal sexual conduct (CSC) in Michigan is a serious felony charge with life-altering consequences. This offense often involves allegations of unwanted sexual contact that falls short of penetration, yet carries some of the harshest penalties in the realm of sex offenses. The law classifies criminal sexual conduct into four degrees, each focusing on the severity of the alleged conduct and the age or vulnerability of the complainant. Second-degree CSC is generally charged when the prosecution believes there has been intentional sexual contact with intimate parts (or clothing covering those parts) under specific circumstances, without the element of penetration. If charged or under investigation, you must hire an experienced criminal sexual conduct attorney right away. Contact us now for a free consultation.

Blank Law, PC is dedicated to protecting the rights and futures of those facing life-changing accusations. Led by Nicole Blank Becker, a Michigan sex crimes defense attorney who previously served as a prosecutor specializing in sex crimes, Blank Law, PC offers unparalleled insight into how the state builds these cases and how to challenge them effectively. If you or a loved one is charged with or under investigation for second-degree criminal sexual conduct, seeking immediate legal counsel is imperative. Early intervention can make a critical difference in the outcome of your case.

Understanding Second-Degree Criminal Sexual Conduct

Michigan Penal Code Section 750.520c governs CSC in the second degree. Under this statute, a person may face second-degree CSC charges if they engage in sexual contact with another individual under various circumstances, including situations involving minors, force or coercion, or where the accuser is mentally or physically vulnerable. The law is broad in its definition of “sexual contact,” encompassing intentional touching of the victim’s intimate parts or the clothing covering those parts, done for sexual gratification or arousal.

Regarding minors, the law reflects the view that children deserve heightened legal protection. As a result, if the complainant is under 13 years of age, any sexual contact, no matter how brief or seemingly minor, can lead to second-degree CSC charges. If the complainant is between 13 and 15, additional factors such as a significant age difference or a special relationship (teacher, coach, or guardian) can trigger this more serious charge over lower-degree CSC offenses.

Key Differences Between Second-Degree CSC and Other CSC Charges

Criminal sexual conduct charges can be confusing, especially because Michigan has four degrees of CSC. The significant distinction between an allegation of second-degree CSC and first- or third-degree CSC revolves around whether penetration occurred. First-degree CSC and third-degree CSC involve allegations of sexual penetration. Second-degree CSC and fourth-degree CSC involve sexual contact without penetration. Still, the severity of the charge is influenced heavily by the ages of both the accused and the complainant, as well as whether there are aggravating factors such as force, coercion, or the presence of a weapon.

Second-degree CSC is typically charged when any unwanted touching is alleged to have occurred involving a child under 13 years old, or a victim between 13 and 15, where the accused is in a position of authority or significantly older, or if the act was accomplished by force or coercion. When the alleged victim is 13–15 years old and the accused is at least five years older, it may be second-degree CSC or fourth-degree CSC, depending on which factors the prosecution believes it can prove—generally, the younger the complainant, the more severe the charge.

Michigan Model Criminal Jury Instructions for Second-Degree CSC

In Michigan, judges and attorneys rely on the Michigan Model Criminal Jury Instructions to guide how cases are presented to a jury. For second-degree CSC, these instructions outline the elements that the prosecution must prove beyond a reasonable doubt. Typically, the instructions will specify that the defendant intentionally touched the alleged victim’s intimate parts or the clothing covering those parts, that this touching could reasonably be construed as being for sexual purposes, and that certain aggravating circumstances existed (such as the victim’s age or the presence of force or coercion).

For example, the jury instructions make it clear that the prosecution doesn’t need to prove the defendant was motivated by sexual desire; instead, the prosecution must show that the contact would be perceived by a reasonable person as intended for sexual gratification or arousal. These instructions also cover nuances such as whether the alleged victim was physically helpless, mentally incapacitated, or underage at the time of the incident. A knowledgeable defense attorney will analyze every word of these instructions, ensuring the prosecution is held to the highest burden of proof required under the law.

Sentencing and Penalties for Second-Degree CSC in Michigan

A conviction for second-degree CSC in Michigan is a felony that can carry severe penalties, including up to 15 years in prison. Depending on the facts of the case, such as if the alleged victim is under 13, there may be additional consequences like lifetime electronic monitoring. In addition, anyone convicted of second-degree CSC is typically required to register as a sex offender under the Michigan Sex Offenders Registration Act. This registration can have long-lasting social and professional repercussions, limiting housing and employment opportunities and creating ongoing stigma in the community.

In certain situations, enhanced penalties can come into play if there are multiple victims or prior offenses. Judges also consider aggravating factors like the use of a weapon or the presence of injuries. Although second-degree CSC generally involves unwanted sexual contact without penetration, the law views these charges as particularly severe if the complainant is a minor or if the accused was in a position of trust or authority over the alleged victim.

Why Nicole Blank Becker’s Perspective Matters

When facing a charge as serious as second-degree CSC, it is crucial to have an attorney who understands both sides of the courtroom. Nicole Blank Becker’s experience as a former sex crimes prosecutor in Michigan gives her an insider’s knowledge of how prosecutors build and argue these cases. She has conducted and overseen countless investigations involving forensic interviews, DNA evidence, and witness testimony. This background allows her to anticipate prosecutorial strategies, identify the state’s case weaknesses, and develop robust defenses that protect her clients’ rights.

Her journey from prosecuting sex crimes to defending individuals accused of these offenses has solidified her belief in the presumption of innocence and the importance of safeguarding constitutional protections. Backed by the resources and support at Blank Law, PC, she provides compassionate, discreet, and aggressive representation for clients often overwhelmed and frightened by the criminal justice system.

How These Cases Typically Begin: The Forensic Interview

The forensic interview is a key component in many second-degree CSC cases involving child complainants. Typically conducted at a Child Advocacy Center, this interview is designed to minimize further trauma to the child by providing a supportive environment in which they can disclose what allegedly happened. While the goal is to secure an accurate and reliable statement, how questions are asked, the interview protocols, and the interviewer’s training can significantly influence a child’s statements.

Prosecutors rely heavily on these interviews to decide whether charges should be brought. If the complainant’s statement during the forensic interview indicates sexual contact, the state may proceed with second-degree CSC charges. A skilled defense attorney will carefully review the forensic interview process, looking for leading questions, inconsistencies, or suggestive techniques that could have contaminated the child’s recollection. Challenging the admissibility or reliability of a flawed forensic interview can be central to defending against the charges.

Common Defenses to Second-Degree CSC

One of the most critical defenses is that the alleged sexual contact did not happen. When an accuser’s entire claim rests on their word versus the defendant’s, the complaining witness’s credibility becomes a central focus. It takes a deft touch to cross-examine a child or young teenager without alienating a jury. An attorney trained in child interviewing protocols can reveal inconsistencies or motives to fabricate without appearing callous or overly aggressive.

Accidental touching is another common defense in these cases, but success depends on corroborating evidence and the overall circumstances. The prosecution will argue that the context indicates an intentional act for sexual gratification. Voluntary intoxication is generally not a defense under Michigan law for second-degree CSC, so asserting that one was under the influence of alcohol or drugs typically will not eliminate criminal liability.

Consent is never a defense if the alleged victim is under 16. Even if the child initiates contact, the law places the responsibility on the adult to refrain from any intimate interaction. That means any claim like “the child wanted it” or “the child consented” will not hold up in court if the prosecution establishes the child’s age is under 16.

What Happens If You Are Under Investigation for CSC-II

If you suspect you are under investigation for second-degree CSC, do not wait until formal charges are filed. When law enforcement contacts you or people in your life with questions, it is wise to consult with an attorney. Nicole Blank Becker’s experience as a sex crimes prosecutor means she has built and examined countless CSC cases from the ground up, including how detectives compile evidence and present it to the prosecutor’s office.

It is critical not to speak with law enforcement without an attorney present. Even well-intentioned explanations can be misinterpreted or used against you later. By retaining experienced counsel promptly, you ensure that your rights are protected from the outset and that any potential evidence is handled appropriately.

What to Expect in Court at Trial for CSC-II

Once charges are filed, the court process typically begins with an arraignment, where the charges are formally read, and you enter a plea. The case then proceeds to preliminary examination in district court, unless waived, to determine if there is probable cause to bind the case over to circuit court. From there, pretrial motions, hearings, and eventual trial dates are set.

Throughout each stage, your attorney will scrutinize the prosecution’s evidence, file motions to suppress improper evidence or statements, and negotiate with the prosecutor for the best possible resolution. If a favorable plea deal is offered, you can consult with your attorney about the pros and cons of accepting it versus proceeding to trial. Because second-degree CSC carries such severe penalties, it is imperative to have counsel who knows when to negotiate and fight vigorously in front of a jury.

The Importance of Aggressive Representation

Second-degree CSC convictions can lead to incarceration, lengthy probation, mandatory sex offender registration, and stigma that follows individuals for a lifetime. The consequences do not end with the criminal sentence; they extend to housing, employment, social relationships, and even custody battles. A single allegation can unravel a person’s life and prospects.

Blank Law, PC is committed to defending clients zealously at every stage. As a former prosecutor, Nicole Blank Becker recognizes the strength of the government’s resources and the importance of neutralizing them through a diligent, strategic approach. Every aspect of the defense will be carefully orchestrated, from investigating witnesses to collaborating with expert consultants who can challenge the reliability of evidence.

Moving Forward With Blank Law, PC

The path ahead can be daunting when you are confronted with the possibility of a felony record and the label of a sex offender. Relying on inexperienced or unprepared counsel is a gamble you should never take when your freedom and future are on the line. Nicole Blank Becker and Blank Law, PC offer the in-depth knowledge, prosecutorial insight, and steadfast advocacy necessary to mount a powerful defense against second-degree criminal sexual conduct charges in Michigan.

Time is of the essence. When you learn you are under investigation or are formally charged, the prosecution’s case is already in motion. Securing a proactive defense can help you avoid critical mistakes, protect your constitutional rights, and potentially lead to a more favorable outcome. Call Blank Law, PC for a confidential consultation. Discuss your options, understand the legal landscape, and let an attorney with extensive experience in prosecuting and defending Michigan sex crimes be your advocate every step of the way.

Blank Law, PC stands ready to fight for you, drawing on years of experience in Michigan sex crimes prosecution and defense. Whether you are under investigation or have already been charged with second-degree CSC, do not navigate the criminal justice system alone. Contact us and take the first step toward safeguarding your future.