Criminal Sexual Conduct 4th Degree
Criminal sexual conduct fourth degree is the least harsh charge that exists when it comes to acts of sexual contact/sex crimes, within the different degrees of CSC.
Fourth degree criminal sexual conduct has to do with unwanted sexual touching/sexual contact.
Sexual touching encompasses any of the intimate parts of someone’s body, including, but not limited to, the penis, vagina, anus, inner thigh, chest, etc.
The “sexual contact” can be over the clothing or under the clothing. If there is some type of contact with your body, like your fingers, toes, an object, etc., with the private part(s) of another person, again, no matter if it’s over or under their clothes, you can be charged with criminal sexual conduct fourth degree.
Although fourth degree criminal sexual conduct is the lowest charge of all four of the Michigan criminal sexual conduct sex crimes (first, second and third degree are the others), it is not a misdemeanor crime, but rather a felony.
Sex crimes like non-consensual intentional touching/sexual contact, which is considered criminal sexual conduct fourth degree, can lead to years of disruption in your life.
If you, or anyone you know, are charged with criminal sexual conduct in the fourth degree, now is the time to hire a skilled and experienced attorney who solely does sex crime cases.
DO MY ACTIONS FIT THE CRIME OF 4th DEGREE CSC?
Below is the legal definition of 4th degree CSC as defined under the Michigan Penal Code; MCL 750.520e
*If your actions match any of the below circumstances, you may be charged/investigated for CSC 4th Degree:
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 incapacitated or incapable, or helpless physically;
- 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 a client or patient of the mental health professional, and not his or her spouse;
- That other person is at least 16 years of age, but less than 18 years of age, and is 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 their 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 their employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person;
- The actor is an employee, contractual 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 takes place during that other person’s residency.
Breaking Down the Requirements for CSC 4th Degree:
● Force or coercion
● Mentally incapable
● Mentally incapacitated
● Physically helpless
Force or coercion: includes, but is not limited to, when the actor overcomes the alleged victim through the actual application of physical force or physical violence;
When the actor coerces the alleged victim to submit by threatening to use force or violence on the alleged victim, and the alleged 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;
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.
Frequently Asked Questions about CSC 4th 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 fourth degree criminal sexual conduct 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 criminal sexual conduct fourth 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: My best friend and I are hanging out watching TV on the couch. While lying there, I brush my hand over her breast, over her tank top, because I was under the impression that she liked me more than just a friend. Can I be charged with 4th degree criminal sexual conduct?
A: The quick answer is YES. If your best friend goes to the police and makes sex crime allegations against you of intentional touching of her breast without her consent, that is all the state needs to pursue fourth degree criminal sexual conduct charges against you.
Q: Another adult and I engaged in consensual kissing. While kissing, I moved my hand towards the inside of her thigh. Can I be charged with fourth degree criminal sexual conduct?
A: Yes. If she did not consent to any intentional touching/sexual contact 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 criminal sexual conduct fourth degree is her word against yours.
Q: I brought a girl back to my dorm room after a fraternity party. At the party, everyone was drinking. In fact, on my walk back to my dorm the girl threw up on the grass. Once we got in bed, I started making out with her and touching her breasts. The next day she tells her friends I raped her. We were both wasted and she acted like she was into it. Can I be charged with criminal sexual conduct fourth 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 4th degree criminal sexual conduct. Since 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 fourth degree CSC.
Let’s even take it one step further. If she claims that, as a result of your intentional touching of her intimate areas, she suffered mental anguish, that could raise your charges to criminal sexual conduct 2nd 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 contact.
That is why it is so important to make sure that you have a conversation with your partner PRIOR TO engaging in sexual contact.
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.
That is why it is imperative that you call attorney Nicole Blank Becker now!
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 FOURTH DEGREE CSC?
CALL ATTORNEY NICOLE BLANK BECKER NOW
If you are charged with, or are being investigated for, fourth degree criminal sexual conduct, you must make sure you have the right Michigan criminal defense lawyer in your corner.
This is why it is imperative, when you want the best, that you hire the best, and criminal sexual conduct defense 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, and she will be 100% transparent with you when discussing the pros and cons of your case.
Nicole prides herself on having a stellar attorney-client relationship, while being completely transparent and going over the best and worst case scenarios for the outcome of the case. She believes that in order to have a great attorney-client relationship, it is very important that there are no surprises for her clients in the future.
Also, all confidential or sensitive information that you say to Nicole Blank Becker remains 100% confidential.
A criminal sexual conduct charge of 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.
These are all the more reasons 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 and 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 crime cases, like Nicole Blank Becker, can successfully do that.
Not only does being a person convicted of fourth degree CSC mean it goes on your permanent criminal record and casts 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 permanent record, you will have to register as a sex offender and serve jail time and/or be placed on 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, like needing to register as a sex offender, 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.
Due to Nicole’s life experience with the law, when it comes to sex crimes, she has an impecable understanding of the process in order to properly defend you. Her expansive knowledge of the law speaks for itself.
Not only has Nicole tried 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, or any other Michigan criminal sexual conduct crime, you must contact Nicole Blank Becker immediately!
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 criminal sexual conduct cases 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 sex crime 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 Blank Becker does not take her job lightly and will undoubtedly do her best, along with going above and beyond, for her clients.
Hire Nicole Blank Becker of Blank Law, PC for your sex crime. Contact her today at (248) 515-6583 for your initial free consultation and legal advice.
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