In Michigan, the Holmes Youthful Trainee Act, commonly known as "HYTA," MCL 762.11, allows young people charged with certain crimes to walk away with a "clean slate." When HYTA is granted, a young defendant avoids having a criminal conviction on their record and many of the collateral consequences. A common question is: Can you get HYTA for Criminal Sexual Conduct in Michigan? It is possible, but not easy, to get HYTA for Michigan criminal sexual conduct ("CSC") charges and other sex Crimes.
Qualifying for HYTA in Michigan
Only two of the four main degrees of criminal sexual conduct in Michigan allow for any possibility of HYTA, and only under very limited circumstances. CSC charges are very serious, and someone who receives HYTA can still receive jail or prison time. Still, there are certain steps that a criminal sexual conduct defense attorney can often take to secure a plea deal in a CSC case, like managing the sentencing aspect in advance or advocating for a probation-only sentence in appropriate cases. However, one MAJOR advantage for those lucky enough to receive HYTA (and complete all terms imposed by the court) in a criminal sexual conduct case is avoiding having to register as a sex offender under the Michigan Sex Offenders Registration Act (SORA). MCL 28.722(a) now makes this clear as of 2021.
Whether or not you are eligible for HYTA in Michigan essentially depends on four main factors:
- Age
- Consent of the Appropriate Individuals
- Type of Offense
- Other Unique Exemptions
Age of the Defendant
Michigan's Holmes Youthful Trainee Act, MCL 762.11, was recently amended effective October 1, 2021, to allow HYTA for those between 18 and 25 years old. Previously, the age range was 17 to 23.
The relevant portion of the newly amended HYTA law states:
"Beginning October 1, 2021, except as provided in subsections (3) and (4), if an individual pleads guilty to a criminal offense, committed on or after the individual's eighteenth birthday but before his or her twenty-sixth birthday, the court of record having jurisdiction of the criminal offense may, without entering a judgment of conviction and with the consent of that individual, consider and assign that individual to the status of youthful trainee."
It's important to note that HYTA requires a guilty plea, so a plea of no contest is not allowable under HYTA. Unlike a no-contest plea, a guilty plea requires the defendant to state under oath they committed each fact (or "element") necessary to complete the crime.
Consent of the Appropriate Individuals
If the offense was alleged to have been committed on or after your 21st birthday but before your 26th birthday, even if the judge favors granting HYTA, the prosecution must also agree. In most instances where HYTA is possible, the prosecution will be required to "consult with the victim" regarding the applicability of the HYTA law to the case.
If the offense was alleged to have been committed on or after your 18th birthday but before your 21st birthday, you could get HYTA even if the prosecution objects to it (i.e., without the prosecuting attorney's consent). The prosecutor can tell the judge they are vehemently opposed to it, and still, the judge can use their independent discretion and grant it anyway.
However, the prosecution's opposition to HYTA may nevertheless be a factor that the judge considers when exercising their discretion. Also, the prosecution has sole discretion over what you are charged with, and (as you'll see below), because not every criminal charge is eligible for HYTA, receiving HYTA may depend on the prosecution's willingness to offer a plea to a different/reduced charge.
If someone is 19 years old and charged with first-degree criminal sexual conduct, the judge may want to exercise their discretion to grant HYTA, but they wouldn't be able to because first-degree criminal sexual conduct charges are not HYTA eligible. For HYTA to even be possible, the prosecution would have to be willing to use their discretion to reduce the charge to include only a charge or charges that are HYTA eligible, which may mean offering a plea to something other than Criminal Sexual Conduct altogether.
Type of Offense
Focusing specifically on Criminal Sexual Conduct offenses, you cannot get HYTA for First Degree Criminal Sexual Conduct, MCL 750.520b or Second Degree Criminal Sexual Conduct, MCL 750.520c. That includes attempts and conspiracies to commit these crimes.
You cannot get HYTA for Third Degree Criminal Sexual Conduct, MCL 750.520d (including attempts and conspiracies), UNLESS you are pleading under the "multiple" variable" for sexual penetration with a person who is "at least 13 years of age and under 16 years of age" (subsection (1)(a) of the CSC 3rd Degree law, MCL 750.520d).
You cannot get HYTA for Fourth Degree Criminal Sexual Conduct, MCL 750.520e (including attempts and conspiracies), UNLESS you are pleading under the "multiple variables" for sexual contact with a person who is "at least 13 years of age but less than 16 years of age," AND and you are "5 or more years older than that other person" (subsection (1)(a) of the CSC 4th Degree law, MCL 750.520e).
In terms of other sex-related charges beyond the four main Degrees of CSC, more, you cannot get HYTA for Assault With Intent to Commit Criminal Sexual Conduct Involving Sexual Penetration, MCL 750.520g(1) OR Assault With Intent to Commit Criminal Sexual Conduct in the Second Degree, MCL 750.520g(2) (including attempts and conspiracies) with intent to commit any of the four Degrees of Criminal Sexual Conduct (including attempts and conspiracies), UNLESS that intent is to commit:
- Third Degree Criminal Sexual Conduct under the "multiple variables" for sexual penetration with a person who is "at least 13 years of age and under 16 years of age," OR
- Fourth Degree Criminal Sexual Conduct under the "multiple variables" for sexual contact with a person who is "at least 13 years of age but less than 16 years of age," AND you are "5 or more years older than that other person."
The HYTA statute does not expressly exempt the following sex-related offenses:
• Gross Indecency crimes, MCL 750.338, MCL 750.338a, and MCL 750.338b
• Accosting, Enticing, or Soliciting a Child for Immoral Purposes, MCL 750.145a
• Indecent Exposure and Aggravated Indecent Exposure, MCL 750.335a
Other Unique Exemptions
Subsection (4) of the Michigan HYTA statute contains other limitations that come into play in Criminal Sexual Conduct cases.
Even when everything above makes you HYTA eligible, you will nevertheless be denied HYTA status if:
- You were previously convicted or adjudicated responsible as a juvenile for an offense that required you to register as a Sex Offender,
- You are charged with an offense that would normally (i.e., without HYTA) require someone to register as a Sex Offender, and you are unable to show the court by clear and convincing evidence that you are not likely to commit another offense that would require you to register as a Sex Offender, or
- The court determines that the offense involved you engaging in sexual penetration or sexual contact where certain factors exist, including but not limited to:
- The alleged victim was under 13 years of age
- The alleged victim was at least 13 but under 16, and you were a member of the same household
- You were related to the alleged victim within a certain degree of closeness
- The sexual penetration or sexual contact occurred under the circumstances involving the commission of any other felony
- You knew or had reason to know the alleged victim was "mentally incapable, mentally incapacitated, or physically helpless"
- You used "force or coercion" to accomplish the sexual penetration or sexual contact
- You caused "personal injury" to the alleged victim (when combined with either of the above two factors)
As you can see, the Michigan Holmes Youthful Trainee Act (HYTA) is not easy to obtain in terms of eligibility for those charged with Criminal Sexual Conduct, but it is certainly possible under the right circumstances, and we have successfully obtained HYTA for our clients charged with CSC by understanding these laws and taking the correct approach.
Prain Law, PLLC Provides Criminal Sexual Conduct Defense Strategies in Michigan
If you or someone you know is facing charges involving criminal sexual conduct in Michigan, contact Prain Law, PLLC. Unlike a "general" criminal defense practice, Prain Law concentrates specifically on defending criminal sexual conduct cases (and a few other assaultive charges that have elements in common with CSC). You can reach Prain Law, PLLC at (248) 731-4543.