DEFINITION OF CRIMINAL SEXUAL CONDUCT FOURTH DEGREE
Criminal Sexual Conduct Fourth Degree is the least harsh charge that exists when it comes to acts of sexual contact within the different degrees of Criminal Sexual Conduct. CSC 4th Degree has to do with an unwanted sexual touching. That sexual touching encompasses touching any of the intimate parts of someone’s body, including, but not limited to, a touching of the penis, vagina, anus, inner thigh, chest, etc.
The “sexual contact” can be over the clothing or under the clothing. So long as there is some type of contact with your body, like your fingers, toes, an object, etc., with the private part(s) of another person, whether it’s over or under their clothes, you can be charged with CSC 4th Degree.
Although CSC 4th Degree is the lowest charge of all four of the Criminal Sexual Conduct charges available to the state of Michigan to charge you with, it is treated as a felony. Non consensual touching, CSC 4th Degree, can lead to years and years of disruption in your future. Now is the time to hire a skilled, experienced attorney who solely does Sex Crime cases.
DO MY ACTIONS FIT THE CRIME OF CRIMINAL SEXUAL CONDUCT FOURTH DEGREE?
Below is the legal definition of Fourth Degree Criminal Sexual Conduct as defined under the Michigan Compiled Laws; MCL 750.520e
*If your actions, or the actions the accuser claims you made, match any of the below circumstances, you may be charged or investigated for Fourth Degree Criminal Sexual Conduct:
Fourth Degree Criminal Sexual Conduct is sexual contact with another person when any of the following circumstances exists:
- That other person is at least 13 years of age but less than 16 years of age, and the actor is five or more years older than that other person;
- Force or coercion is used to accomplish sexual contact. Force or coercion includes, but is not limited to, any of the following circumstances:
- When the actor overcomes the victim through the actual application of physical force or physical violence;
- When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute that threat;
- When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute that threat.
- As used in this subparagraph, “to retaliate” includes threats of physical punishment, kidnapping, or extortion;
- When the actor engages in the medical treatment or examination of the victim in a manner or for purposes which are medically recognized as unethical or unacceptable;
- When the actor achieves the sexual contact through concealment or by the element of surprise;
- The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless;
- That other person is related to the actor by blood or affinity to the third degree and the sexual contact occurs under circumstances not otherwise prohibited;
- The actor is a mental health professional and the sexual contact occurs during or within two years after the period in which the victim is his or her client or patient and not his or her spouse;
- 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:
- The actor is a teacher, substitute teacher, or administrator of that public school, nonpublic school, school district, or intermediate school district;
- 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;
- The actor 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;
- 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:
- The actor is a teacher, substitute teacher, administrator, employee, or contractual service provider of the public school, nonpublic school, school district, or intermediate school district from which that other person receives the special education services;
- 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;
- 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 contact occurs during that other person’s residency.
Breaking Down the Requirements for Criminal Sexual Conduct Fourth Degree
- Force or coercion includes but is not limited to: When the actor overcomes the victim through the actual application of physical force or physical violence; When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute these threats; When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute this threat.
To retaliate includes threats of physical punishment, kidnapping, or extortion; When the actor engages in the medical treatment or examination of the victim in a manner or for purposes that are medically recognized as unethical or unacceptable; or When the actor, through concealment or by the element of surprise, is able to overcome the victim.
- Mentally incapable: means that a person suffers from a mental disease or defect that renders that person temporarily or permanently incapable of appraising the nature of his or her conduct.
- Mentally incapacitated: means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or other substance administered to that person without his or her consent, or due to any other act committed upon that person without his or her consent.
- Physically helpless: means that a person is unconscious, asleep, or for any other reason is physically unable to communicate unwillingness to an act.
Criminal Sexual Conduct 4th Degree
Frequently Asked Questions About Criminal Sexual Conduct Fourth Degree:
Q: I own a bar, when the bar was super busy and one of my waitresses walked by me she claimed that I touched her butt, can I be charged with a CSC 4th Degree when that is not true?
A: The waitress may claim that you touched her butt on purpose. If she does, then yes you can be charged with CSC 4th Degree for touching. Remember, for purposes of CSC charges, all the state needs is to have an accuser who claims something sexual happened to him or her and that is enough to move forward with charging you.
Q: You and your best friend are hanging out watching TV on the couch. While lying there, you brush your hand over her breast, over her tank top, because you were under the impression that she liked you more than just a friend. Can I be charged with CSC 4th Degree?
A: The quick answer is YES. If your best friend goes to the police and accuses you of touching her breast without her consent, that is all the state needs to pursue CSC 4th Degree charges against you.
Q: You and another adult engaged in consensual kissing. While kissing, you move your hand towards the inside of her thigh, can you be charged with CSC 4th Degree?
A: Yes. If she did not consent to any touching of her intimate parts, inside the thigh included, then she can go to the police and tell them she was raped by you. All it takes to charge you with CSC 4th Degree is her word against yours.
Q: You brought a girl back to your dorm room after a fraternity party. At the party everyone was drinking. In fact, on your walk back to your dorm the girl threw up on the grass. Once you guys get in bed, you start making out with her and touching her breasts. The next day she tells her friends you raped her. We were both wasted and she acted like she was into it, can i be charged with CSC 4th Degree?
A: Yes. If she claims that she did not want to engage in any sexual contact with you and you did it anyway, you could be charged with CSC 4th Degree. Because she was obviously drunk, as evidenced by slurring, not being able to walk without assistance or throwing up, legally she may be considered mentally incapacitated, meaning she does not have the ability to consent to sexual activity in the first place. Therefore, you can be charged with CSC 4th Degree. Let’s take it one step further, if she claims that as a result of you touching her intimate areas she suffered mental anguish, that could raise your charges to Criminal Sexual Conduct 2nd Degree.
DEFENSES FOR CRIMINAL SEXUAL CONDUCT 4TH DEGREE
Consent is a defense to Criminal Sexual Conduct Fourth Degree. If the accuser claims to have been inappropriately touched by you, a proper defense is that he or she consented to the sexual touching. That is why it is so important to make sure that you have a conversation with your partner PRIOR TO engaging in sexual touching.
It is imperative that you know about each other’s sexual boundaries and honor them when getting intimate. If you engage in non consensual sexual touching of someone’s private parts, i.e. penis/vagina, anus, inner thigh, chest, etc., you are the one who will be facing rape charges in the future.
Consent is so important, it can make the difference between going forward with your life as usual or suddenly being faced with a number of criminal charges.
WHAT DO I DO IF I AM CHARGED WITH CRIMINAL SEXUAL CONDUCT FOURTH DEGREE?
If you are charged with, or being investigated for, CSC 4th Degree you must make sure you have the right lawyer in your corner. It is imperative, when you want the best, that you hire the best and Attorney Nicole Blank Becker is hands down the best.
By hiring the best attorney for your case, you give yourself the best chance for the results you are looking for. By hiring Nicole, she will meet with you immediately to discuss the details of your case. She will be 100% transparent with you when discussing the pros and cons of your case. Nicole prides herself on going over the best and worst case scenarios for the outcome of your case. She believes that it is very important that there are no surprises for her clients in the future.
A charge of CSC 4th Degree on your record may cause future issues for you when you least expect it. For example: Renting an apartment or mobile home, employment and/or future relationships. That is why you need the experience and confidence of Attorney Nicole Blank Becker.
Nicole knows the nuances of the law that solely apply to sex crime cases, specifically Criminal Sexual Conduct Fourth Degree. As the prior Chief of the Sex Unit and a prior defense attorney in Detroit, Nicole has seen it all. She is relentless and does not give up or give in.
When fighting for your future, your life, you want to be confident you have the right person in your corner fighting for what’s best for you. Only an attorney who is skilled in sex crimes, like Nicole, can successfully do that.
Not only does having a charge of CSC 4th Degree on your record cast a negative connotation upon you, like a scarlet letter, it comes with other severe penalties as well. Once you have a charge of CSC 4th Degree on your record you will have to register as a sex offender and serve jail and/or probation. When registering as a sex offender, your name may be on the public registry where anyone and everyone can see it.
Oftentimes, the additional penalties seem unbearable. But that is why you hire Attorney Nicole Blank Becker. She will be there to guide you through this scary, intimidating process and make sure every “i” is dotted and every “t” is crossed.
Because of Nicole’s life experience with the law when it comes to sex crimes, she has an impecable understanding of the process to go through in order to properly defend you. Her expansive knowledge of the law speaks for itself. Not only has Nicole tried hundreds, if not thousands, of jury trials, but she has mastered the specifics of how to successfully defend her clients.
The moment you hear or know you are being investigated or charged with CSC 4th Degree, you must contact Nicole. Nicole will be your advocate from day one. Do not wait to get her involved, because she knows the process of how to get things done. She will use that knowledge to begin handling your case NOW!
If you have already been charged, don’t sweat it, you should still call Nicole immediately. She can and will help you, no matter what stage you are at with your case. Nicole has come into cases at the investigation level, prior to charging, after the 1st bond hearing, at the district court level, at the circuit court level and prior to a jury trial. Nicole will be objective and tell you how she can help you in the fight of your life. Nicole does not take her job lightly and will undoubtedly do her best and go above and beyond for her clients.
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