Section 750.520d. - Michigan Legislature

750.520d Criminal sexual conduct in the third degree; felony.

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

  1. The victim is between the ages of thirteen and fifteen
  2. Force or coercion is used to accomplish the sexual penetration. 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
  3. The defendant should know that the victim is physically or mentally helpless
  4. The victim and the defendant are related by blood or marriage within the third degree, and the penetration occurs under circumstances not otherwise prohibited by this law.
  5. If the victim is either sixteen or seventeen years old, is a student at a public or nonpublic school, and either:
    1. The defendant is a teacher or administrator of that school or school district,
    2. Or the defendant is an employee or contract service provider for that school or school district where the victim is enrolled, or is a local, state, or federal employee assigned to provide a service at that school. In this case, the defendant must use his employee status to establish a relationship with the victim.
  6. The victim is at least sixteen years old but is younger than twenty-six years old, is receiving special education services, and either:
    1. The defendant is a teacher or administrator of that school or school district,
    2. Or the defendant is an employee or contract service provider for that school or school district where the victim is enrolled, or is a local, state, or federal employee assigned to provide a service at that school. In this case, the defendant must use his employee status to establish a relationship with the victim.
  7. The defendant is an employee of a child care organization or a person licensed to operate a foster home, the victim is at least sixteen years of age, and the sexual penetration occurs during the victim’s residency.

Sexual penetration includes any sexual act involving sexual intercourse, anal intercourse, cunnilingus, fellatio, intrusion into any other body part, or object into genital or anal openings.

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.

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 penetration 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 Third Degree Criminal Sexual Conduct.

These include:
First Degree Criminal Sexual Conduct
Second 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 and Associates has experience in defending all types of sex charges, including Criminal Sexual Conduct and has been successful in defending against Third 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.

Defenses specific to 750.520d include:

  1. Under 750.520d(1)(d), if the victim was in a position of authority over the defendant and used that authority to coerce the defendant to violate this provision, it is an affirmative defense to the crime of Third Degree Criminal Sexual Conduct. The defendant has the burden of proving this defense by a preponderance of the evidence.
  2. Under 750d(1)(d), (e)(i), and (f)(i), the defendant cannot be convicted of Third Degree Criminal Sexual Conduct if both the defendant and victim are lawfully married to each other at the time of the alleged violation.

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

Sec. 750.520d.

(1) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exist:

(a) That other person is at least 13 years of age and under 16 years of age.

(b) Force or coercion is used to accomplish the sexual penetration. Force or coercion includes but is not limited to any of the circumstances listed in section 520b(1)(f)(i) to (v).

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

(d) That other person is related to the actor by blood or affinity to the third degree and the sexual penetration occurs under circumstances not otherwise prohibited by this chapter. It is an affirmative defense to a prosecution under this subdivision that the other person was in a position of authority over the defendant and used this authority to coerce the defendant to violate this subdivision. The defendant has the burden of proving this defense by a preponderance of the evidence. This subdivision does not apply if both persons are lawfully married to each other at the time of the alleged violation.

(e) That other person is at least 16 years of age but less than 18 years of age and a student at a public school or nonpublic school, and either of the following applies:

(i) The actor is a teacher, substitute teacher, or administrator of that public school, nonpublic school, school district, or intermediate school district. This subparagraph does not apply if the other person is emancipated or if both persons are lawfully married to each other at the time of the alleged violation.

(ii) 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.

(f) That other person is at least 16 years old but less than 26 years of age and is receiving special education services, and either of the following applies:

(i) The actor is a teacher, substitute teacher, administrator, employee, or contractual service provider of the public school, nonpublic school, school district, or intermediate school district from which that other person receives the special education services. This subparagraph does not apply if both persons are lawfully married to each other at the time of the alleged violation.

(ii) The actor 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.

(g) 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, that other person is at least 16 years of age, and the sexual penetration occurs during 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.

(2) Criminal sexual conduct in the third degree is a felony punishable by imprisonment for not more than 15 years.