Third Degree Criminal Sexual Conduct in Michigan is one of the four Degrees of CSC in Michigan law. First Degree CSC is the most serious, Second Degree CSC and Third Degree CSC are intermediate, and Fourth Degree CSC is the least serious. This article exclusively focuses on Third Degree Criminal Sexual Conduct (CSC).
The Michigan Criminal Sexual Conduct laws are complex, and in addition to our Sex Crimes Main Page, Prain Law, PLLC has so many detailed pages and articles about every imaginable CSC related topic. But a famous astronaut says that to be effective, things have to be boiled down to a "one pager." And what could be more complex than what an astronaut does? So here's our simple "one pager" with all the basics you need to know about Third Degree Criminal Sexual Conduct.
Before we get down to business on Criminal Sexual Conduct Third Degree (below) ,you should know that Prain Law, PLLC is a Michigan Criminal Defense firm concentrating on defending those accused of Criminal Sexual Conduct and other Sex Crimes in Michigan. You can Contact Us by clicking here. While many lawyers never go to trial, and the few who do tend to lose far more than they win, Metro Detroit Sex Crimes Attorney Brian J. Prain, our principal trial lawyer, is a standout in the Detroit legal community with a nearly unheard of record of repeated jury verdicts of NOT GUILTY of Criminal Sexual Conduct all across Michigan. For his consistent victories, Brian has received far too many awards to list, including:
- Top 10 Criminal Defense Attorneys in Michigan by the National Academy of Criminal Defense Attorneys
- Top 100 Criminal Defense Trial Lawyers in Michigan by The National Trial Lawyers
- 21 Best Criminal Defense Lawyers in Detroit by Expertise.com
- D Business Magazine Top Lawyers
- Super Lawyers Magazine
Now, here are the quick facts on Third Degree Criminal Sexual Conduct:
- What is the actual Michigan Third Degree CSC law (statute)? MCL 750.520d
- Official name by law: "Criminal Sexual Conduct in the Third Degree"
- Should I speak to Police before or after being charged with CSC 3? No. Even the US Supreme Court said in 1942 that no lawyer worth his salt would tell his client to speak to Police - and that's a powerful statement.
- Should I take a Polygraph if I'm accused of Third Degree CSC? Not without careful consideration and the advice of a lawyer. There are many things to consider here.
- Why do I keep hearing all these different names for this crime? It is referred to by many things, including "Third Degree CSC," "CSC 3," etc.
- Can I be sentenced to Jail or Prison for CSC 3? Yes, both are possible if you are convicted.
- What is the maximum Penalty for Third Degree CSC: Up to 15 years in Prison
- What are typical Sentencing Guidelines for CSC 3? 36 - 60 mos.
- *Note: This represents a typical presumptive minimum sentence. During a CSC 3 Sentencing, the Judge says something like "60 months to 15 years." It is up to the Parole Board to decide when the individual is released.
- Sex Offender Registration (SORA): Tier 3 lifetime public registration
- What must the Prosecutor prove for someone to be guilty of Third Degree Criminal Sexual Conduct in Michigan?
- 1) An act of "Sexual Penetration" (**Caution: Click the link to the left - "Sexual Penetration" in Michigan includes more than you think.)
- 2) Some other fact, known as a "multiple variable," making the Sexual Penetration unlawful, including the most common ones:
- Alleged victim over age 13 but under age 16
- Being related by Blood or Affinity
- Use of "Force or Coercion" to accomplish Sexual Penetration
- Accused is in a "Position of Authority" over alleged victim (generally, various types)
- What are the basic Defenses to a charge of Third Degree Criminal Sexual Conduct in Michigan?
- Fabrication (**Can I bring up my accuser's past if I'm charged with Third Degree CSC? It is possible if a Rape Shield Motion is filed)
- Lack of evidence supporting multiple variable the Prosecution has charged
- Consent (as to "Force or Coercion" multiple variable)
- Is mistake of age / alleged victim lying about their age a defense to Third Degree CSC? No, not under current Michigan law.
- Is DNA evidence used in CSC 3 cases? Yes, sometimes.
- Will there be a CARE House, Kids Talk, or other Forensic Interview in a 3rd Degree CSC case? Rarely, since they're for younger children, and if a child is the alleged victim and penetration is alleged, the charge will often be a higher Degree of CSC.
- Stages of a CSC 3 case:
- Investigation (click here to learn how to Avoid Jail!)
- Complaint & Warrant (including the Detective "swearing to" the Warrant in-front of a District Court Magistrate).
- Arraignment / Bond (click to read "How much will my Bond be?")
- Probable Cause Conference ("PCC")
- Preliminary Exam
- Dismissal of Criminal Sexual Conduct Charges (unlikely, yet possible) **Will my CSC charges be dismissed if alleged victim doesn't show-up in Court?
- Bind-over to Circuit Court and Arraignment on the Information ("AOI") in Circuit Court
- Pretrial stage / Motions (Can I be convicted of Third Degree CSC based on just Hearsay?)
- Plea or Trial
- Sentencing (if Plea deal reached, with or without Cobbs, or if found guilty at Trial).