What is a Sexually Delinquent Person?

The state of Michigan has some of the strictest penalties for sex crimes. Along with being listed on the Michigan Sex Offender Registry, which is available to the public, being convicted of sex offenses may also result in you being categorized as a sexually delinquent person.

If this designation is applied to your situation, it can result in a sentence of up to life in prison.

If you are accused of aggravated indecent exposure, attempting sex relations with someone who has not consented to it, repetitive or compulsive acts, or other sex crimes, it is recommended that you hire an aggressive criminal defense attorney for assistance. The potential penalties for any sex crime are significant, and you must ensure you have the best criminal sexual conduct defense possible. A criminal sexual conduct attorney can help you with this.

Keep reading to learn more about how the designation of a sexually delinquent person is made and learn more about your rights.

The Potential of Life in Prison for Indecent Exposure

Gary Walling

A classic example of how the designation of a sexually delinquent person works is the case of Gary Walling, who lived in Burton. In 2020, he was penalized with this designation for sexual behavior he likely thought was not “that big of a deal.”

This was not the case.

Allegedly, Walling approached two young girls at a closed splash pad, where he exposed his genitals to them. He had some type of physical contact with them at this point, which made the case of indecent exposure worse.

It was determined that what Walling did was limited to just touching, and he faced criminal sexual conduct 2nd degree charges. While his actions were illegal, it is worth noting that he did not commit a violent sex–related crime, nor did he have sex relations with the girls.

While this is true, he may still face life in prison for this case of indecent exposure due to being designated as a sexually delinquent person in Michigan.

Sexually Delinquent Person

You may wonder why, in the situation above, the man would have to spend life in prison for a non-violent crime. The reason for this is because of the sexually delinquent person designation.

In the state of Michigan, this designation is applied to the following situations:

A person who engages in sexual actions that are characterized by any type of repetitive or compulsive acts that show a disregard for the consequences or the recognized rights or using force against another person in attempting some type of sex relations in a heterosexual or a homosexual nature or by committing some type of sexual aggression against a minor (a person under the age of 16).

In the example above, Walling faced four different charges; these included:

Two counts of CSC 2nd degree involving victims under 13. While this may sound more serious, it is actually a less serious crime than criminal sexual conduct 3rd degree. This crime carries a penalty of up to 15 years of imprisonment (see: CSC 3rd degree Michigan penalty).
One count of aggravated indecent exposure. This is a high-court misdemeanor sex crime, punishable by up to fines of $2,000 and two years in prison, according to the Michigan Sentencing Guidelines.
One count of indecent exposure by someone who is a sexually delinquent person. Learn if indecent exposure is a felony

Understanding the Factors that Indicate a Sexually Delinquent Person

A charge of sexual delinquency comes with penalties of one day up to life in prison if convicted. The crime mentioned above involved most of the descriptors for a case of sexual delinquency:

Disregard for others’ rights
Disregard for the consequences of his actions
Driven by a compulsion
Use of force
Indecent exposure that involved a child (children) under the age 16 (see: what is the age of consent in Michigan?)

The designation of sexual delinquency in Michigan can apply to multiple sex crimes. These include things like aggravated indecent exposure, a person who exposes his or her genitals, a person who exposes other parts of his or her body considered “private,” cases of open or indecent exposure, and more.

potential penalties

Due to the potential penalties, including being required to be listed as a sex offender on the Michigan Sex Offender Registry, it is recommended that you hire an experienced sex crimes defense lawyer. Michigan criminal law is confusing and having a CSC defense attorney who can provide aggressive sexual assault defense strategies is your best bet for a desirable outcome to your case.

Other Cases Where a Person May Be Considered Classified as a Sexually Delinquent Person

It is important to note that cases of indecent exposure and attempting to “grope” or grab children can result in this designation. However, in most cases, it is applied to situations where a person is found to have engaged in more than one forceful or unlawful act that is considered “sexual in nature.” This is when the sexual delinquency designation will likely apply.

One of the most important things to understand is that according to Michigan criminal law, the incident does not have to be violent to result in the person having to register as a sex offender on the Michigan Sex Offender Registry or to be designated as a sexually delinquent person.

Building a Defense for Your Sex Crimes Case

When it comes to fighting for your rights against sex crime charges, you must have an experienced and reputable attorney. This attorney will help ensure your rights are protected and that you get the best possible defense for your situation. They will work to help you avoid being added to the sex offender registration. Learn what to look for in a criminal defense lawyer here.

Do Not Wait to Call for Legal Help with Your Case

Have you been charged with a sex crime in Michigan? Are you in need of legal services to help you avoid being classified with the other sex offenders in the state? If so, contact Blank Law, PC, to schedule a Michigan criminal defense attorney free consultation with Nicole Blank Becker.

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