Below you will find further explanations of the Teacher – Student relationship that can constitute elements of Criminal Sexual Conduct First, Second, Third and Fourth Degree. A teacher is considered an “Authority Figure” for purposes of a Criminal Sexual Conduct charge.
Michigan laws prohibit teachers from engaging in sex with students at any age. It is illegal for any teacher to have sex with a student. Additionally, the age of consent in Michigan is raised to 18 years old when the older party is an authority figure. If a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that student is enrolled engages in sexual penetration with a 16 or 17 year old student, they can be charged with First Degree Criminal Sexual Conduct and/or Third Degree Criminal Sexual Conduct.
Regardless of when the act occurred, if the actor’s occupation as a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that student is enrolled allowed the actor access to the student of the relevant age group in order to engage in sexual penetration (or sexual contact), the legislature intended to punish that conduct.
TEACHER (You can replace Teacher with any person who is in a position of authority):
The statute does not state that the sexual penetration/sexual contact must occur while a defendant is acting as a teacher. The class may go on a class trip where they are gone over a 5 day period. Although they are not “in” school, the teacher is still considered to be in a “position of authority”.
SUBSTITUTE TEACHER (You can replace Substitute Teacher with any person who is in a position of authority): If the actor’s occupation as a substitute teacher allowed the actor access to the student of the relevant age group in order to engage in sexual penetration / sexual contact, the legislature intended to punish that conduct. A substitute teacher is considered to be in a “position of authority”.
Consequently, if a sexual penetration by a substitute teacher occurs before school or after the school bell rings at the end of the day, or on a weekend, or during the summer, the state can move forward with charging the accused with Criminal Sexual Conduct.
CRIMINAL SEXUAL CONDUCT, TEACHER STUDENT
The charge of First Degree Criminal Sexual Conduct, Teacher – Student, is punishable by imprisonment up to life or for any term of years.
The charge of Second Degree Criminal Sexual Conduct, Teacher – Student, is punishable by imprisonment up to 15 years in prison.
The charge of Third Degree Criminal Sexual Conduct, Teacher – Student, is punishable by imprisonment up to15 years in prison.
The charge of Fourth Degree Criminal Sexual Conduct, Teacher – Student, is punishable by imprisonment up to 2 years in prison.
BLANK LAW , PC HAS YEARS OF EXPERIENCE WITH TEACHER – STUDENT CASES
Blank Law, PC is well versed in Criminal Sexual Conduct charges that involve a Teacher – Student relationship. Nicole has been responsible for handling numerous charges involving a Teacher – Student relationship. On several different occasions Nicole fought on both sides, for and against Criminal Sexual Conduct charges that involve a Teacher – Student relationship.
Your case would be far from Nicole’s first experience with such serious charges. As the prior Chief of the Sex Crimes Unit, Nicole knows exactly what it takes for the prosecution to make their case. More importantly, now, as a defense attorney, Nicole has the unique ability to use those skills in order to properly fight for you. You need a firm who has handled these special types of cases before. Nicole knows first hand how charges like this destroy people’s lives.
Blank Law, PC is there to fight for you. Now is the time when you need someone who is tough and skilled in getting the best possible outcome for you.
BLANK LAW, PC EXAMPLE – TEACHER STUDENT
A sixth-grade teacher engaged in sexual acts with one of his students. The sexual acts occurred only during the summer months between sixth-grade and seventh grade. Even though the sexual acts occured in the summer, when school had finished for the summer, The teacher was still considered to be in a position of authority over the student. Per the law, that any sex acts between the teacher and the student are prohibited and punishable under the Criminal Sexual Conduct statute.
A highschool teacher ended up in a relationship with her student. The student was the aggressor. The student constantly flirted with the teacher. Both the student and the teacher knew it was wrong, but continued to flirt and build a relationship. The relationship grew from flirting in class to texting, calling and social media contact. They both saved each other’s names on their phones under fake names. The teacher eventually gave the student a private cell phone in order to talk without anyone knowing. The relationship turned sexual. Eventually, they engaged in sexual touching, fellacio (oral sex) and sexual penetration (sex). The teacher was charged with three counts of Third Degree Criminal Sexual Conduct and one count of Third Degree Criminal Sexual Conduct. Third Degree Criminal Sexual Conduct carries a mandatory-minimum of ONE year in prison.
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