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Fourth-degree criminal sexual conduct (CSC-IV) under MCL 750.520e, although technically the least severe degree of criminal sexual conduct, is still a serious crime. The statute generally applies to “sexual contact” of victims under specified circumstances.
CSC-IV contains three elements, all of which the prosecution must prove beyond a reasonable doubt:
As you can see, MCL 750.520e criminalizes several different forms of sexual abuse.
A man goes out to eat with some friends at a restaurant. He has too much to drink. As their waitress is walking away from the table, he pats her on the butt.
A 21-year-old man meets a woman at a party. She tells him she’s 18. They start making out, and he consensually grabs her breast. Later, she tells him she’s actually 15.
Other similar or related offenses include:
Defenses in CSC cases usually take one of two forms: (1) failure to prove the elements or (2) consent.
Consider the example of the drunk man patting the waitress on her behind. The fact that he was drunk (known as “voluntary intoxication” in the law) does not absolve him. But he may be able to argue the contact was somehow unintentional. The credibility of this defense will depend on the specific facts. For example, if his friends all testify that he was gesticulating during a heated conversation and that the contact was accidental, the defense could be viable. Alternatively, the man could argue that the contact was not sexually motivated. Again, the credibility of this defense will depend on the specific facts. If, say, the pat was accompanied by a lascivious comment, it will be difficult to argue that the pat was not sexually motivated.
Now take the 21-year-old man and the 15-year-old posing as an 18-year-old. He’s not in trouble because she lied about her age, right? Wrong. Under Michigan law, no matter how reasonable it was for the man to assume that the girl was 18, this is not a defense (other states, though, do recognize a reasonable-mistake-of-age defense in this kind of situation). Is he out of luck? Not necessarily. The man may be eligible for a deferral under the Holmes Youthful Trainee Act (HYTA), MCL 762.11 et seq. In most cases, if the defendant successfully completes a probationary term, a conviction will not be entered on their record and they will not have to register as a sex offender.
CSC-IV is what’s referred to as a “high court misdemeanor.” It’s punishable by up to 2 years in prison.
There are also sex offender registry consequences for CSC-IV. If the victim was less than 13 years old and the defendant was 17 years old or older, lifetime registration is required. If the victim was 13 or older but less than 18, the defendant will have to register for 25 years. If the victim was 18 or older, the defendant will have to register for 15 years on a nonpublic list.
Although it’s the least serious form of criminal sexual conduct in Michigan, a CSC-IV conviction can still land you in prison and sometimes on the sex offender registry for the rest of your life. If you’re under investigation for or have been charged with CSC-IV, you need to hire an experienced defense attorney as soon as possible. Grabel & Associates has been in business for more than 20 years and has handled hundreds of CSC cases. Our highly respected attorneys know what it takes to obtain the best result in your case.
For more information about CSC-III and to talk about your case, contact Grabel & Associates at (800) 342-7896.