The Michigan criminal sexual conduct laws are contained in sections 520a - 520o of the Michigan penal code, chapter 750 of the Michigan compiled laws. The actual, collective title to these sections is "rape," but Michigan does not refer to these crimes as “rape.” Rather, the crime known under common law as rape is now contained within the modern-day degrees of criminal sexual conduct.
Degrees of Sexual Misconduct in Michigan
Although these Sections of the Penal Code are still entitled "Rape," they actually define the various Degrees of Criminal Sexual Conduct (CSC) and also contain other Michigan Sex Crimes laws. Below is an overview of each Section of these Michigan Criminal Sexual Conduct laws. Click the links within the text to learn more about specific topics.
- MCL 750.520a, Definitions. This Section defines important terms used throughout the Michigan CSC laws, such as "sexual penetration," "sexual contact," and "personal injury."
- MCL 750.520b, First Degree Criminal Sexual Conduct. This Section sets forth the law and penalties of CSC 1st Degree, punishable by "life or any term of years," mandatory 25 year minimum under certain circumstances, life without parole under certain circumstances, mandatory lifetime electronic monitoring, and possible consecutive sentencing.
- MCL 750.520c, Second Degree Criminal Sexual Conduct. This Section sets forth the law and penalties of CSC 2nd Degree, punishable by up to 15 years.
- MCL 750.520d, Third Degree Criminal Sexual Conduct. This Section sets forth the law and penalties of CSC 3rd Degree, punishable by up to 15 years.
- MCL 750.520e, Fourth Degree Criminal Sexual Conduct. This Section sets forth the law and penalties of CSC 4th Degree, punishable by up to 2 years.
- MCL 750.520f, Second or Subsequent Offense; Penalty. This Section imposes a 5-year mandatory minimum sentence for those convicted of CSC who have already been convicted of certain CSC and Sex Crimes previously.
- MCL 750.520g, Assault With Intent to Commit Criminal Sexual Conduct. This Section sets forth the law and penalties for two separate crimes, Assault With Intent to Commit CSC Involving Sexual Penetration (Assault With Intent to Commit Sexual Penetration for short), punishable by up to 10 years; and Assault With Intent to Commit CSC in the Second Degree, punishable by up to 5 years.
- MCL 750.520h, Corroboration of Victim's Testimony Not Required. This Section states that the testimony of the (alleged) victim need not be corroborated by other evidence to convict someone of CSC 1, CSC 2, CSC 3, CSC 4, or Assault With Intent to Commit CSC. This is also reflected in the standard Michigan Criminal Jury Instruction 20.25.
- MCL 750.520i, Resistance by Victim Not Required. This Section states that the (alleged) victim need not resist the alleged Sexual Assault in a prosecution for CSC 1, CSC 2, CSC 3, CSC 4, or Assault With Intent to Commit CSC. This is also reflected in the standard Michigan Criminal Jury Instruction 20.26.
- MCL 750.520j, Evidence of Victim's Sexual Conduct. This Section sets forth a general ban, with certain exceptions, on the admission of evidence of specific instances of the (alleged) victim's past sexual conduct in prosecutions for CSC 1, CSC 2, CSC 3, CSC 4, and Assault With Intent to Commit CSC. This Section is commonly referred to as the "Michigan Rape Shield law."
- MCL 750.520k, Suppression of Names and Details. This Section establishes that under certain circumstances in Criminal Sexual Conduct cases, the names of the alleged victim and the accused, as well as details of the case, be suppressed.
- MCL 750.520l, Legal Spouse as Victim. This Section essentially makes it law that a person is not exempt from being charged with CSC simply because the alleged victim is their legal spouse.
- MCL 750.520m, DNA Identification Profiling; Chemical Testing; Manner of Collecting and Transmitting Samples; Existing DNA Identification Profile; Assessment; Definitions. This Section establishes when a person must submit a DNA sample when arrested for, charged with, or convicted of certain crimes in Michigan.
- MCL 750.520n, Lifetime Electronic Monitoring. This Section sets forth (part of) the law on when a person convicted of certain Criminal Sexual Conduct is to be sentenced to lifetime electronic monitoring (tether). However, a full understanding of this provision requires knowledge of some of the above Sections, as well as certain "case law."
- MCL 750.520o, Violation of MCL 750.520b, 750.520c, 750.520d, 750.520e, or 750.520g by Individual or Juvenile Who is Student; Definitions. This Section states that if a Juvenile is convicted of CSC 1, CSC 2, CSC 3, CSC 4, or Assault With Intent to Commit CSC may not attend the same school building or perhaps even ride the same school bus as the victim.
Criminal Sexual Conduct Defense
If you have been charged with Criminal Sexual Conduct, your life and freedom are on the line. Not only does a criminal record eliminate job opportunities, housing, and other privileges, but sexual assault charges also come with intense stigma. At Prain Law, PLLC we believe that anyone accused of a crime deserves legal counsel.
PRAIN LAW, PLLC SPECIFICALLY CONCENTRATES ON DEFENDING THOSE ACCUSED OF CRIMINAL SEXUAL CONDUCT IN MICHIGAN. IF YOU OR SOMEONE YOU KNOW IS ACCUSED OF CSC IN MICHIGAN, CONTACT PRAIN LAW, PLLC AT (248) 731-4543.