Criminal Sexual Conduct 2nd Degree in Michigan

Definition of "Sexual Contact" in Michigan 2nd Degree Criminal Sexual Conduct Cases

In Michigan, "Sexual Contact" means an intentional touching "done for sexual purposes or could reasonably be construed as having been done for sexual purposes" to any of the following areas of another person's body:

Genital area

Groin

Inner thigh

Buttock

Breast

The clothing covering these areas

The definition of "Sexual Contact" in Michigan Second Degree Criminal Sexual Conduct also includes making the other person touch any of these parts on your body.

RELATED: What is a "Rape Kit"? Will they do a Rape Kit in my CSC case?RELATED: Will I have to hire an EXPERT WITNESS for my defense in my Criminal Sexual Conduct Second Degree case?Definition of "Force or Coercion" in Michigan 2nd Degree Criminal Sexual Conduct cases

In Michigan, "Force or Coercion" includes, but is not limited to the following:

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

2) 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 these threats.

3) 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 this threat. As used in this subdivision, "to retaliate" includes threats of physical punishment, kidnapping, or extortion.

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

5) When the actor, through concealment or by the element of surprise, is able to overcome the victim.

RELATED: Can I raise consent as a defense to a Michigan CSC charge?RELATED: How can I be charged with Second Degree CSC when my accuser keeps changing their story?A Second Degree Criminal Sexual Conduct conviction results in registration as a Sex Offender for 25 Years to a Lifetime - The Michigan Sex Offenders Registration Act

Second Degree Criminal Sexual Conduct in Michigan under MCL 750.520c is a Tier 2 or Tier 3 offense. Those convicted of CSC 2 must be registered for their lifetime if the alleged victim is under age 13, or 25 years if the alleged victim is 13 or older, on the public Michigan Sex Offender Registry (click here to see the online Registry). For Criminal Sexual Conduct 2nd Degree, there is no ability to petition for early removal from the Registry ("Petition to Discontinue Sex Offender Registration").

Registration on the Sex Offender Registry begins within days of your conviction, when you sign the necessary documents at your Presentence Investigation Interview. However, the 25 years or LIFETIME clock (depending on the above) doesn't start ticking until after release from Jail or Prison. While you're on the Sex Offender Registry, any person with internet access can visit the Michigan State Police site and find out that you are a convicted sex offender. As a convicted, registered sex offender, you will be prohibited from residing, working, or loitering within 1000 feet from any school property, known as a "Student Safety Zone" (with exceptions for students living with parents);

Twice each year, you would be required to "report." You would have to notify the proper law enforcement agency immediately if you do any of the following:

• Change your name;
• Change your residence or domicile;
• Change your place of employment or quit or are fired;
• Intend to temporarily reside at any place other than your residence for more than seven days;
• Enroll at any College or University, or discontinue enrollment;
• Establish any E-mail or Instant Message address or any other type of account used in internet communications or postings; or
• Purchase or begin to regularly drive any vehicle, or if you sell, transfer, or stop driving the vehicle.

Failing to report and comply with the Sex Offenders Registry Act is a serious crime in itself. Avoiding the Michigan Sex Offender Registry is one of the best reasons for aggressively fighting Michigan CSC 2 charges.

RELATED: Click here to learn about child forensic interviews in Criminal Sexual Conduct cases at places like CARE House of Macomb County and Kids Talk of Wayne County.Required DNA, HIV/AIDS, and STD testing for Second Degree Degree Criminal Sexual Conduct (CSC 2)

Anyone facing a Second Degree Criminal Sexual Conduct charge in Michigan will be forced to undergo sampling and testing. DNA will be taken upon arrest, and when any crime is alleged, your DNA will already be in the database for comparison as a possible suspect. While you are booked into custody at the Police Department, Police will take a "buccal swab," a Q-tip swab on the inside of your cheek that collects saliva containing skin cells. It will then be sent to the Michigan State Police Forensic Crime Lab in Northville, Michigan, where a lab technician will extract your DNA from specific "loci" on your DNA strand and prepare a profile that is sent to the FBI along with your fingerprints, where it will be indefinitely stored in the Combined DNA Index System ("CODIS"). When any type of biological sample is collected in any criminal investigation across the United States, it will be compared to your DNA, every time. This puts you at risk of a false accusation, planting evidence, and ultimately a wrongful conviction in the future. Michigan's law on DNA profiling, CSC in Michigan - New DNA Law, was expanded in 2015.

Click here to learn more about Michigan's tougher new DNA profiling law.At the Preliminary Exam, if your 2nd Degree Criminal Sexual Conduct charges are bound over to the Circuit Court, the District Court will enter an Order requiring you to submit to HIV/AIDS and STD testing if there is reason to believe the alleged act involved sexual penetration or exposure to bodily fluids.

RELATED: Can DNA evidence be used against me for CSC 2 charges since CSC 2 only involves touching?

Can I get Holmes Youthful Trainee Act ("HYTA") for Second Degree Criminal Sexual Conduct?

No, you cannot get HYTA for Criminal Sexual Conduct 2nd Degree (or Attempt or Conspiracy to commit CSC 2). 

The Michigan Holmes Youthful Trainee Act, MCL 762.11, normally allows a young person between age 17 and 24 at the time of the offense to plead guilty without having a conviction on their record. However, because of the seriousness of CSC 2, the Act specifically says it does not apply. If you are convicted as charged, you'll have a permanent public conviction on your record. A Criminal Sexual Conduct 2nd Degree case MUST be fought aggressively by an Attorney.

However, this does not mean your Attorney should not be fighting for Holmes Youthful Trainee Act anyway. Just because HYTA is not available for CSC 2, that doesn't mean a person charged with Second Degree Criminal Sexual Conduct in Michigan can never end up receiving HYTA. If you were between the ages of 17 and 24 at the time of the alleged CSC 2 offense and want to avoid a permanent conviction, you'll need to either: a) contest the charge at trial and be found NOT GUILTY; or b) plead to a lesser charge for which HYTA is allowed. It is up to the Judge's discretion whether to grant HYTA status, but is up to the Prosecution whether to offer a plea to a lesser charge that allows HYTA. Most importantly, those who receive HYTA will not have to register as a sex offender. 

What is the Sentence for Second Degree Criminal Sexual Conduct (CSC 2)? Will I go to Jail or Prison for Second Degree CSC in Michigan?

The Michigan 2nd Degree CSC law makes it punishable by "imprisonment for not more than 15 years." The maximum penalty is increased up to life if you are charged as an Habitual Offender.

If you are convicted of Second Degree Criminal Sexual Conduct under MCL 750.520c, there, unfortunately, is a high likelihood of time spent in prison. If you are convicted, your actual sentence will be calculated according to the Michigan Sentencing Guidelines, which factors in your criminal history and the circumstances of this new CSC 2 case.

RELATED: How can I be charged with Second Degree CSC based on just an accusation with no other evidence? Rather than focusing on how much jail or prison time you could get, it is far more productive to focus on aggressively fighting Criminal Sexual Conduct 2nd Degree charges by hiring the right Detroit sex crimes lawyer.