Section 750.520e. - Michigan Legislature

750.520e Criminal sexual conduct in the fourth degree; misdemeanor.

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

  1. The victim is between the ages of thirteen and fifteen, and the defendant is five or more years older than the victim.
  2. The defendant uses force or coercion, which include:
    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 contact occurs under circumstances not otherwise prohibited by this law.
  5. The defendant is a mental health professional and the sexual contact occurs during or within two years after the period in which the victim is his or her client and not his or her spouse. Consent is never a defense in this case. However, a prosecution under this circumstance cannot be used as evidence that the victim is mentally incompetent.
  6. If the victim is either 16 or 17 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.
  7. 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.
  8. 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 contact occurs during the victim’s residency.

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 misdemeanor may result in two years imprisonment, a fine of not more than $500, or both.

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.

If 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 Fourth Degree Criminal Sexual Conduct.

These include:
First Degree Criminal Sexual Conduct
Second Degree Criminal Sexual Conduct
Third 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 Fourth 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 750.520e include:

  1. Under 750.520e(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 Fourth Degree Criminal Sexual Conduct. The defendant has the burden of proving this defense by a preponderance of the evidence.
  2. Under 750e(1)(d), (f)(i), and (g)(i), the defendant cannot be convicted of Fourth 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. 750.520e.

(1) A person is guilty of criminal sexual conduct in the fourth degree if he or she engages in sexual contact with another person and if any of the following circumstances exist:

(a) That other person is at least 13 years of age but less than 16 years of age, and the actor is 5 or more years older than that other person.

(b) Force or coercion is used to accomplish the sexual contact. Force or coercion includes, but is not limited to, any of the following circumstances:

(i) When the actor overcomes the victim through the actual application of physical force or physical violence.

(ii) When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute that threat.

(iii) 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 that threat. As used in this subparagraph, "to retaliate" includes threats of physical punishment, kidnapping, or extortion.

(iv) When the actor engages in the medical treatment or examination of the victim in a manner or for purposes which are medically recognized as unethical or unacceptable.

(v) When the actor achieves the sexual contact through concealment or by the element of surprise.

(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 contact 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) The actor is a mental health professional and the sexual contact occurs during or within 2 years after the period in which the victim is his or her client or patient and not his or her spouse. The consent of the victim is not a defense to a prosecution under this subdivision. A prosecution under this subsection shall not be used as evidence that the victim is mentally incompetent.

(f) 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.

(g) 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.

(h) 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 contact 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 fourth degree is a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $500.00, or both.