Criminal Sexual Conduct 1st Degree: Person Under 13

A person who engages in what is sexual penetration with another person that is under 13 years of age can be charged and convicted of criminal sexual conduct 1st degree (CSC 1st degree).

If you are charged with first degree CSC with a child under 13 years old and you are over 17 years old, you are facing the most extreme penalty of all the sexual assault charges (CSC degrees). A sexual assault involving this type of charge means you must, no questions asked, contact Nicole Blank Becker of Blank Law, PC immediately.

Criminal Sexual Conduct 1st Degree: Person Under 13

DEFINITION

Per Michigan Penal Code 750.520b, you may be investigated/charged for CSC 1st degree if you engage in the sexual act of penetration and any of the following circumstances exist:

• That other person is under 13 years of age
• That the alleged victim is at least 13, but less than 16 years of age, and any of the following circumstances:
  • You are a member of the same household as the victim
  • You are related to the accuser by blood or affinity to the fourth degree;
• You are in a position of authority over the victim and used this authority to coerce sexual penetration with the victim
• You are a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled (see teacher sexual misconduct)
• You are an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the U.S. assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a significant relationship with, that other person
• You are an employee, contractual service provider, or volunteer of a child care organization, or a person licensed to operate a foster family home or a foster family group home in which that other person is a resident, and the sexual penetration occurs during the period of that other person’s residency
• Sexual penetration occurs under circumstances involving the commission of any other felony
• You are aided or abetted by one or more other persons and either of the following circumstances exists:
  • The actor knows or has reason to know that the victim has a mental or physical disability
  • The actor uses force or coercion to accomplish sexual penetration
• You are armed with a weapon, or any article used or fashioned in a manner where the victim believes it to be a weapon
• You cause personal injury to the victim and physical force or coercion is used to accomplish the sexual penetration (see what force or coercion means here)
• You cause personal injury to the victim, and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless
• The accuser is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless and any of the following:
  • You are related to the accuser by blood or affinity to the fourth degree
  • You are in a position of authority over the accuser and used your authority to coerce him/her to submit to physically incapacitated sexual penetration

PENALTY

FIRST DEGREE CRIMINAL SEXUAL CONDUCT WITH A CHILD UNDER 13

The Michigan Sentencing Guidelines for first degree CSC with a child under 13 years old, and so long as the accuser is over 17 years old, is a mandatory minimum of 25 years in prison (learn what is mandatory minimum sentencing here). The penalty also includes needing to register on the sex offender registry for life, i.e. the Michigan Sex Offender Registry.

The penalty for first degree criminal sexual conduct with a child under 13 years of age has the MOST EXTREME penalty of all state criminal charges.

When you are facing 25 years in prison, which for most people is considered a death sentence, you cannot afford to settle for any lawyer. You need a firm who can be in the ring for 12 rounds and will be still standing and fighting for you. Blank Law, PC is that firm!

DEFENSE

FIRST DEGREE CRIMINAL SEXUAL CONDUCT WITH A CHILD UNDER 13

For the sex offense charge of first degree criminal sexual conduct, there is NO DEFENSE of: “I thought she was older,” “she said she was 17 years old,” or “the website I met her on said you had to be 18 to be on it.”

It is your responsibility, and your responsibility only, to confirm, check, and reconfirm the age of someone you chose to be intimate with. This falls solely on you, the adult.

The law does not recognize mistakes or excuses as a defense to first degree criminal sexual conduct with a child under 13 years old.

However, just because you are charged with first degree criminal sexual conduct with a child under 13 years old does not mean that you will ultimately have first degree criminal sexual conduct charges on your record. Blank Law, PC has years of expertise because Nicole Blank Becker was the prior Cheif of the Sex Unit in Macomb County and knows exactly how to manuver and negotiate this life altering charge on your behalf.

There are other criminal sexual conduct defense scenarios, but they are case specific.

Hire Blank Law, PC for Your Sexual Assault Cases

There are only three options when facing the sexual assault charge of CSC 1st degree with a child under 13 years old:

1.  Your lawyer gets the charge dismissed (or never even charged)

2.  Your lawyer goes to trial

3.  Your lawyer negotiates with the state to minimize the damages using a plea

Whichever path is chosen, you need the firm of Blank Law, PC behind you, fighting for your life.

The legislature has recently come down very, very hard on the charge of CSC 1st degree with a child under 13 years old. There is little to no sympathy and/or empathy for someone who is charged with CSC 1st degree with a child. The ramifications of having been charged with having sexual penetration with a person under 13 years of age are incredibly harsh (see CSC 1st degree Michigan penalty). This is not the type of charge anyone should take lightly.

Only a skilled criminal sexual conduct attorney, like Nicole Blank Becker, understands the challenges that come along with the charge of CSC first degree with a child under 13 years old. Now is not the time to put a price tag on your life, now is the time to get Blank Law, PC on your side in order to restore your credibility and freedom.

No matter if it is child molestation, child rape, or any other sex crimes, Nicole understands the importance of the attorney-client relationship and aims to build a strong one with her clients to ensure that they do not feel stigmatized based on their charges.

Do not let a blemish like this be on your permanent criminal record. Hire Blank Law, PC for your criminal sexual conduct cases by calling (248) 515–6583 or contacting us online today!