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Criminal Sexual Conduct 3rd Degree

DEFINITION

Criminal sexual conduct third degree is the second harshest charge that exists when it comes to sex crimes.

While there are four different degrees of criminal sexual conduct, the third degree follows criminal sexual conduct 1st degree, penalty wise.

Although, logically it seems that criminal sexual conduct 2nd degree would be the next harshest after CSC first degree, criminal sexual conduct in the third degree is actually harsher.

One of the penalties for being charged with CSC third degree is that it requires mandatory minimum sentencing of one year, while criminal sexual conduct second degree does not.

Oftentimes, people refer to the charge of CSC third Degree as “Statutory Rape.”

Criminal sexual conduct in the third degree, like first degree criminal sexual conduct, requires sexual penetration/sexual battery.

If there is no sexual penetration/sexual battery claim of any kind by the accuser, then criminal sexual conduct in the third degree does not apply

DO MY ACTIONS FIT THE CRIME OF 3rd DEGREE CSC?

Below is the legal definition of criminal sexual conduct third degree as defined under the Michigan Compiled Laws; MCL 750.520d

*If your actions match any of the following circumstances, you may be charged/investigated for CSC 3rd degree:

  • Sexual penetration/sexual battery with another person when any of the following circumstances exist:
    • If you have engaged in sexual penetration/sexual battery with a person between the ages of 13-15, or
    • If aggravated force or coercion was alleged to have occurred to accomplish sexual battery/sexual penetration
      • Example: The accuser claims “Rape”
    • You knew or had reason to know the accuser was mentally incapeable of understanding, mentally incapacitated or physically helpless
      • Example: The Accuser was drunk, under the influence of drugs or physically helpless because he/she was sleeping
    • If you are related to the complainant by blood or affinity
      • Example: Your daughter, grandson, adopted son, or stepson
    • If you are a teacher, substitute teacher, administrator, employee, or contractual service provider at the school, volunteer at school and the complainant is 16 – 18 years old
    • If the accuser is 16 – 26 years old and in special education.

Breaking Down the Requirements for CSC 3rd Degree:

●       Force or coercion

●       Mentally incapable

●       Mentally incapacitated

●       Physically helpless

Force or coercion: When the actor overcomes the victim through the actual application of physical aggravated force or physical violence;

When the actor coerces the victim to submit by threatening to use aggravated 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.

  • “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 3rd Degree:

Q: I never would of had sex with her if i knew she was only 15 years old, I thought she was older, can I be charged with criminal sexual conduct in the third degree?

A: There is no defense of: I thought she was older, or he said she was 16 years old, or the website I was on said everyone had to be 18 years or older in order to participate. It is your responsibility, and your responsibility only, to confirm, check and then recheck the age of the person you chose to be intimate and commit the act of sexual penetration/sexual battery with.  If you fail to do so, you may find yourself charged with criminal sexual conduct in the third degree.

Q: I asked her how old she was and she told me she was 17 years old, I even have proof that she said she was 17 years old in my texts, she ended up being 14 years old, why am I being charged with Criminal Sexual Conduct In The Third Degree when she is the one who lied about her age?

A: It doesn’t matter if your accuser lied to you about her age.  She/he will not get charged with a crime for lying, but you WILL get charged with CSC 3rd degree.

Q: How do I avoid getting in trouble for having sexual relations with soemone who is under age?

A: The only way to avoid paying for it later is to do your homework BEFORE you get intimate. While it may be scary, uncomfortable or odd to ask the person you want to be intimate with to provide you with proof of his/her age, the alternative should scare you more.

Penalties for CSC 3rd Degree Charges

THE FORENSIC INTERVIEW

If a child, between the ages of 13 and 15, alleges sexual penetration/sexual battery, they must reveal that information at a forensic interview done at a Child Advocacy Center (i.e. Care House, Kids Talk, etc.).

If they do not, the state will not be able to charge you with a crime.

DEFENSES

Defenses for criminal sexual conduct in the third degree do exist.

Legally, there are several different defenses that can be used and successfully argued.

When first meeting with attorney Nicole Blank Becker, she will spend a lot of time with you understanding all the details of your case. Once she is confident that she has enough information, she will immediately begin formulating your defense.

In order to present the best defense for your case, you need someone who solely focuses on sex crimes, which is all Nicole Blank Becker does.

Nicole has seen thousands of defenses over her 20+ years of experience, when it comes to sexual assault cases, and she will use those experiences to formulate the best defense for you.

Remember, an accusation is just that, an accusation. The rest of the story needs to be filled in. Nicole has the skills and experience to do just that.

Consent is a defense to criminal sexual conduct in the third degree by aggravated force or aggravated coercion. The defense of consent is an extremely common defense, especially when it comes to two adults that engaged in sexual penetration/sexual battery, and then one of the parties claims he/she was raped.

The frustrating part about being accused of rape is that an accusation is all the state needs to move forward to charge you with CSC 3rd degree, and ultimately go to jury trial.

No other witness or evidence needs to be presented by the accuser to show that he/she did NOT consent to sexual relations with you.

You can be charged and/or found guilty of CSC 3rd degree solely based on the accuser’s word alone.

This is why it is crucial to hire Nicole Blank Becker to fight for you. Due to Nicole’s long history of being involved with just sexual crimes, day and night, she can come up with defenses to third degree criminal sexual conduct in her sleep.

Nicole knows what to look for and how to undo any false accusations.

THE ROMEO AND JULIET LAW

The “Romeo and Juliet” law is an exception to the law that requires registry for certain sexual assault crimes on the Michigan Sex Offender Registry List. It applies ONLY to statutory rape cases.

If you are charged with criminal sexual conduct first degree, CSC in the third degree or assault with intent to commit criminal sexual conduct, involving sexual penetration/sexual battery with a person who was at least 13, but less than the age 16 at the time of offense, you may be eligible to claim that you should not have to register under the “Romeo and Juliet” law.

The “Romeo and Juliet” laws were put in place to prevent individuals who engage in consensual sexual activity, when both participants are significantly close in age to each other and one or both partners are below the age of consent, to be exempt from having to register on the Michigan Sex Offender Registry.

In order for you to be eligible for the benefits of the “Romeo and Juliet” law, you must meet the following circumstances:

  • The complainant must have consented to the conduct
  • The complainant was at least 13 years of age, but under 16 years of age, at the time of the conduct
  • You were not more than four years older than the complainant

IF YOU ARE ON THE MICHIGAN SEX OFFENDER REGISTRY AND THE ABOVE CONDITIONS APPLY TO YOU:

If you fall within the above eligibility requirements and are currently registering on the Michigan Sex Offender Registry, you must contact attorney Nicole Blank Becker immediately!

So long as your circumstances check all of the above boxes, Nicole can petition the court and request immediate removal from the Michigan Sex Offender Registry List.

IS THERE A WAY TO HAVE A CHARGE OF CSC 3RD DEGREE NOT GO ON MY RECORD?

Yes. If you are charged with third degree criminal sexual conduct, your lawyer can make a request to the Judge and/or the state for you to be considered for a program called Holmes Youthful Training Act (HYTA).

HYTA

HYTA is one of the best ways to avoid having a criminal sexual conduct in the third degree charge go on your record. It’s as if your charge is under advisement.

To be eligible, you must meet the following circumstances:

You must currently be between the ages of 16 and 24. If you are between the ages of 21-24, you must first ask for permission from the state in order for the Judge to consider HYTA.

Additionally, in order to get HYTA you must plead guilty.

WHAT DO I DO IF I AM CHARGED WITH THIRD DEGREE CSC?

Once you learn that you are being charged/being investigated for criminal sexual conduct 3rd degree, you must hire attorney Nicole Blank Becker as soon as possible.

Nicole is one of the very few lawyers in Michigan that solely focuses on sex related crimes. Noone in Michigan has the same credentials that Nicole Blank Becker has managed to achieve during her illustrious career.

Nicole has fought on both sides of the courtroom, having tried thousands of jury trials.

Nicole has unique, intricate knowledge of the law, when it comes to criminal sexual conduct in the third degree.

When the stakes are high and you need someone to rely on, Nicole Blank Becker, of Blank Law, PC, will be there right by your side.

Don’t risk your future with an attorney who “claims” to handle sex crimes. Do your homework and you will see that attorney Nicole Blank Becker has the experience and the credentials to knockout the opponent.

3150 Livernois Rd. Suite 126
Troy, MI 48083
(248) 515-6583
law@nicoleblankbecker.com

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