Section 750.520c. - Michigan Legislature

750.520c Criminal sexual conduct in the second degree; felony.

Second Degree Criminal Sexual Conduct is a felony in Michigan. There are many different circumstances involving sexual contact that can be considered Second Degree Criminal Sexual Conduct. They include:

  1. The victim is younger than thirteen years old
  2. The victim is between the ages of thirteen and fifteen, and
    1. is related to the defendant,
    2. lives with the defendant,
    3. or if the defendant has an authority position over the victim
  3. Sexual contact that occurs during the commission of any other felony
  4. Multiple defendants are involved, and
    1. force was used to accomplish the sexual contact,
    2. or if the victim is physically or mentally helpless
  5. The defendant uses a weapon or leads the victim to reasonably believe that a weapon will be used
  6. The defendant causes personal injury and force or coercion is used. Force or coercion includes:
    1. Actually using physical force or violence
    2. Threating the use of physical force or violence
    3. Threating to retaliate in the future against the victim and the victim believes that the defendant has the ability to retaliate
    4. When the defendant is providing medical treatment in an unethical or inappropriate manner
    5. The use of concealment or surprise by the defendant
  7. The victim suffers personal injury and the defendant should know that the victim is physically or mentally helpless
  8. The victim is physically or mentally helpless and
    1. The defendant and victim are related (by blood or marriage to the fourth degree),
    2. Or the defendant is in a position of authority over the victim and uses force or coercion
  9. The defendant works for the department of corrections and the victim is under the jurisdiction of the department of corrections
  10. The defendant works for a youth correctional facility and the victim is under the jurisdiction of that facility
  11. The victim is a county prisoner or probationer and the defendant is an employee of the county or the department of corrections
  12. The defendant should know that the victim is awaiting a trial, or that the victim has been committed to a facility as a result of the victim having been found responsible for committing an act that would be a crime if committed by an adult, and the defendant is an employee of that facility

Sexual contact includes the intentional touching of the victim’s or defendant’s intimate parts or the intentional touching of the clothing covering the immediate area of the victim’s or defendant’s intimate parts, if that intentional touching can reasonably be construed as being for the purpose of sexual arousal or gratification, done for a sexual purpose, or in a sexual manner for revenge, to inflict humiliation, or out of anger.

Punishment:

A conviction of this felony may result up to fifteen years in prison. The exact length of an individual’s sentence depends on many factors, including the specific circumstances of the crime and the defendant’s previous criminal history. Additionally, if the defendant is seventeen years or older and commits the crime against a victim who is younger than thirteen, the defendant will be subject to lifetime electronic monitoring.

Other Consequences:

If convicted of a sex crime, the defendant may be placed on the Michigan Public Sex Offender Registry, and the length of registration depends on the severity of the crime. There are many consequences to being placed on the public registry, including loss of job opportunities, loss of freedom to choose where you live and attend certain schools, disqualification for government programs, and other consequences.

In the district court determines that there is a reasonable chance that the sexual contact exposed the defendant’s body fluid, the district court will order the defendant to receive STD and HIV/AIDS testing

Related Crimes:

There are three other crimes that are related to Second Degree Criminal Sexual Conduct.

These include:
First Degree Criminal Sexual Conduct
Third Degree Criminal Sexual Conduct
Fourth Degree Criminal Sexual Conduct

First, Second, and Third Degree Criminal Sexual Conduct are felonies, and Fourth Degree Criminal Sexual Conduct is a misdemeanor.

Experience and Success:

Grabel & Associates has experience in defending all types of sex charges, including Criminal Sexual Conduct and has been successful in defending against Second Degree Criminal Sexual Conduct, receiving acquittals dismissals, and getting convictions overturned on appeal in numerous cases.

Defenses:

There are many winning defense strategies that can help prove your innocence, especially unreliable eyewitness testimony from child victims who have poor memory and are easily susceptible to suggestions from others. You may also want to seek post-conviction relief or pursue an appeal to overturn your conviction or sentence.

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

Sec. 750.520c.

(1) A person is guilty of criminal sexual conduct in the second degree if the person engages in sexual contact with another person and if any of the following circumstances exists:

(a) That other person is under 13 years of age.

(b) That other person is at least 13 but less than 16 years of age and any of the following:

(i) The actor is a member of the same household as the victim.

(ii) The actor is related by blood or affinity to the fourth degree to the victim.

(iii) The actor is in a position of authority over the victim and the actor used this authority to coerce the victim to submit.

(iv) The actor is a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled.

(v) 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, 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 his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.

(vi) The actor is an employee, contractual service 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 and the sexual contact occurs during the period of that other person's residency. As used in this subdivision, "child care organization", "foster family home", and "foster family group home" mean those terms as defined in section 1 of 1973 PA 116, MCL 722.111.

(c) Sexual contact occurs under circumstances involving the commission of any other felony.

(d) The actor is aided or abetted by 1 or more other persons and either of the following circumstances exists:

(i) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.

(ii) The actor uses force or coercion to accomplish the sexual contact. Force or coercion includes, but is not limited to, any of the circumstances listed in section 520b(1)(f).

(e) The actor is armed with a weapon, or any article used or fashioned in a manner to lead a person to reasonably believe it to be a weapon.

(f) The actor causes personal injury to the victim and force or coercion is used to accomplish the sexual contact. Force or coercion includes, but is not limited to, any of the circumstances listed in section 520b(1)(f).

(g) The actor causes personal injury to the victim and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.

(h) That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following:

(i) The actor is related to the victim by blood or affinity to the fourth degree.

(ii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.

(i) That other person is under the jurisdiction of the department of corrections and the actor is an employee or a contractual employee of, or a volunteer with, the department of corrections who knows that the other person is under the jurisdiction of the department of corrections.

(j) That other person is under the jurisdiction of the department of corrections and the actor is an employee or a contractual employee of, or a volunteer with, a private vendor that operates a youth correctional facility under section 20g of the corrections code of 1953, 1953 PA 232, MCL 791.220g, who knows that the other person is under the jurisdiction of the department of corrections.

(k) That other person is a prisoner or probationer under the jurisdiction of a county for purposes of imprisonment or a work program or other probationary program and the actor is an employee or a contractual employee of or a volunteer with the county or the department of corrections who knows that the other person is under the county's jurisdiction.

(l) The actor knows or has reason to know that a court has detained the victim in a facility while the victim is awaiting a trial or hearing, or committed the victim to a facility as a result of the victim having been found responsible for committing an act that would be a crime if committed by an adult, and the actor is an employee or contractual employee of, or a volunteer with, the facility in which the victim is detained or to which the victim was committed.

(2) Criminal sexual conduct in the second degree is a felony punishable as follows:

(a) By imprisonment for not more than 15 years.

(b) In addition to the penalty specified in subdivision (a), the court shall sentence the defendant to lifetime electronic monitoring under section 520n if the violation involved sexual contact committed by an individual 17 years of age or older against an individual less than 13 years of age.