Criminal Sexual Conduct 3rd Degree: Person 13 thru 15
Criminal sexual conduct (CSC) is a term that refers to all sex offenses in Michigan. The four degrees of criminal sexual conduct cover different levels and complexities of sexual assault. The degrees are as follows:
● Criminal Sexual Conduct 1st Degree
● Criminal Sexual Conduct 2nd Degree
● Criminal Sexual Conduct 3rd Degree
● Criminal Sexual Conduct 4th Degree
Crimes involving sexual penetration may be classified as 1st or 3rd degree CSC, while offenses involving unwanted sexual contact are categorized as 2nd or 4th degree CSC.
Following the criminal sexual conduct 1st degree, criminal sexual conduct 3rd degree is the second most severe sex crime charge in Michigan. It is harsher than a criminal sexual conduct 2nd degree charge and attracts more severe punishment. In some states, 3rd degree sexual assault is also called statutory rape.
Statutory rape is one of the most complicated sex crimes because the parties involved may not have intended to commit criminal sexual conduct. They may have merely wanted to fulfil their sexual desires without assaulting each other.
Third degree CSC may occur between two parties engaged in consensual sexual intercourse, and the alleged victim may not feel violated because, technically, it is not a case of sexual assault. However, unlike other criminal sexual conduct charges, the victim’s feelings are not entirely relevant in a third degree criminal sexual conduct case. What matters is who the victim is.
Criminal sexual conduct third degree is an offense that involves sexual intercourse with a minor. Therefore, even teenagers may face a CSC charge as the law considers sex with a minor unlawful, even if it is consensual (see: can criminal sexual abuse happen between two minors). People may also be charged with third degree criminal sexual conduct even though they thought the victim had reached the legal age of consent.
If you face third degree criminal sexual conduct charges in Michigan, you are at risk of a lengthy prison sentence (see: CSC 3rd degree Michigan penalty). Do not speak with police officers or confront the alleged victim, as your words may be used as evidence against you in court. What you should do, instead, is to get in touch with sexual assault lawyers at Blank Law, PC, who can guide and represent you in court.
Criminal Sexual Conduct 3rd Degree: Person 13 Thru 15
Third degree criminal sexual conduct refers to any sexual activity involving penetration with a minor above 13 or someone with a physical or mental disability. Criminal sexual conduct third degree is only committed where sexual battery or sexual penetration happens. Where penetration is absent, it would not be considered 3rd degree CSC; even if the victim is a minor, mentally incapacitated, or physically helpless.
According to Michigan Compiled Laws; MCL 750.520d:
(1) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exist:
a. That other person is at least 13 years of age and under 16 years of age (see: 3rd degree sexual abuse of a minor)
c. The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless
d. That other person is related to the actor by blood or affinity to the fourth degree, and the sexual penetration occurs under circumstances not otherwise prohibited by this chapter; it is an affirmative defense to a prosecution under this subdivision that the other person was in a position of authority over the defendant and used this authority to coerce the defendant to violate this subdivision; the defendant has the burden of proving this defense by a preponderance of the evidence; this subdivision does not apply if both persons are lawfully married to each other at the time of the alleged violation
e. That other person is at least 16 years of age, but less than 18 years of age, and a student at a public school or nonpublic school, and either of the following applies:
(i) The actor is a teacher, substitute teacher, or administrator of that public school, nonpublic school, school district, or intermediate school district (see: teacher sexual misconduct); this subparagraph does not apply if the other person is emancipated or if both persons are lawfully married to each other at the time of the alleged violation
(ii) The actor is 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 United States assigned to provide any service to that public school, nonpublic school and the actor uses his or her employee, contractual, or volunteer status to gain access to or to establish a relationship with, that other person
f. That other person is at least 16 years old, but less than 26 years of age, and is receiving special education services, and either of the following applies:
(i) The actor is a teacher, substitute teacher, administrator, employee, or contractual service provider of the public or nonpublic school from which that other person receives special education services; this subparagraph does not apply if both persons are lawfully married to each other at the time of the alleged violation
(ii) The actor 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 United States 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 relationship with, that other person
g. The actor is 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, that other person is at least 16 years of age, and the sexual penetration occurs during that other person’s residency; as used in this subdivision, “child care organization,” “foster family home,” and “foster family group home” mean those terms as defined in section 1 of 1973 PA 116, MCL 722.111
Definition of Sexual Penetration in Relation to 3rd Degree Criminal Sexual Conduct
Sexual penetration does not strictly mean sexual intercourse. It refers to the entry of the alleged victim’s genitals by any part of the accused’s body, including the fingers, tongue, penis, or object, it does not matter how slight the entry is or if the act was completed, once there is an entry, penetration occurs; penetration in a third degree criminal sexual conduct case may also include oral sex.
Coercion sexual penetration happens when the accused uses force or coercion to carry out the sexual act. In such cases, the accused will be charged with 3rd degree CSC. Spouse sexual penetration may also happen between a married couple, but it will not be charged under 3rd degree criminal sexual conduct unless the alleged victim is a minor between 13 and 15.
What Should You Do if You Have Been Arrested for 3rd Degree Criminal Sexual Conduct in Michigan?
If you have been arrested for 3rd degree criminal sexual conduct in Michigan, you must speak to a top CSC defense attorney. A good lawyer will help you prepare for police interviews and guide you in using your words carefully to avoid misinterpretation.
If you have been charged to court, ensure that you hire the top criminal sexual conduct attorney around you. Statutory rape can be complex, mainly because the parties involved may not feel like they were committing a crime. However, with the help of a reasonable attorney, you can navigate the complications of the criminal justice system and obtain the best outcome in your peculiar situation.
In some situations, a sex crimes defense lawyer can help to get the charges against you dismissed, and you would not be punished. Even if you are unable to avoid being punished, you can get a lesser punishment or have some charges dropped against you in a case of multiple charges.
What are the Penalties for Criminal Sexual Conduct 3rd Degree in Michigan?
You will be charged with 3rd degree CSC if you engage in a sexual act involving sexual penetration with a person who is 13 thru 15 years old. The penalties of third degree CSC are severe and can alter your life permanently. After the CSC 1st degree Michigan penalty, 3rd degree CSC attracts the second harshest punishment.
3rd degree CSC is a felony punishable by a maximum penalty of 15 years imprisonment. A person convicted of criminal sexual conduct in the third degree is also subjected to mandatory minimum sentencing of 1 year. You may also be required to wear an electronic tether for the rest of your life (learn more about Michigan lifetime electronic monitoring here).
Any person convicted of 3rd degree CSC would also be required to register with the Michigan Sex Offender Registry. Maintaining a criminal record as a sex offender may cause stigmatization, which can affect the quality of your life for a long time.
Does the Holmes Youth Trainee Act (HYTA) Apply to 3rd Degree Criminal Sexual Conduct in Michigan?
The Michigan Holmes Youth Trainee Act allows an accused person between the ages of 18 and 24, when the crime was committed, to plead guilty to an offense without having a conviction on their record. Also, they will not be required to register as a sex offender.
However, HYTA does not apply to a third degree CSC case in Michigan unless the alleged victim is 13 or older, but below 16. Getting HYTA is not automatic. Without it, if you are convicted of 3rd degree CSC, it will go on your public record and you will be required to register as a sex offender. So you need an experienced rape defense attorney to help improve your chances of getting HYTA.
If you cannot get HYTA for a 3rd degree CSC charge, you may be able to plead guilty to a lesser offense and get HYTA, provided the prosecution agrees. For defendants aged 18 to 21, getting HYTA is solely at the judge‘s discretion. However, for defendants aged 21 to 24, the prosecution must agree for the defendant to be granted HYTA before the judge can grant it.
Hire Attorney Nicole Blank Becker if You Have Been Charged with 3rd Degree Criminal Sexual Conduct in Michigan?
Attorney Nicole Blank Becker is a top sexual assault defense lawyer in Michigan. If you have been arrested for third degree criminal sexual conduct, Nicole is an experienced lawyer who can help you develop the best sexual assault defense strategies to get the best outcome in your case.