Third Degree Criminal Sexual Conduct

RELATED: click here for the definition of "Mentally Incapable, Mentally Disabled, Mentally Incapacitated, or Physically Helpless" in the Michigan CSC laws.

Definition of “Sexual Penetration” in Michigan Criminal Sexual Conduct Third Degree Cases

In Michigan, "Sexual Penetration" means:

1) Entry into the genital opening or anal opening by any part of the accused’s body, including their penis, finger, tongue, or some other object. Any entry, no matter how slight, is enough. It does not matter whether the sexual act was completed or whether semen was ejaculated;

2) Entry into the mouth by the accused’s penis. Any entry, no matter how slight, is enough. It does not matter whether the sexual act was completed or whether semen was ejaculated;

3) Touching of the Complainant’s genital openings or genital organs with the Defendant’s mouth or tongue.

**Even though the Third Degree Criminal Sexual Conduct laws in Michigan seem to require "Sexual Penetration," a person can still be convicted for things that really aren't "penetration."

RELATED: What if a second accuser surfaces?

Definition of "Force or Coercion" in Michigan Criminal Sexual Conduct, Third Degree cases

In Michigan, "Force or Coercion" includes (but is not limited to):

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.

Michigan Sex Offenders Registration Act

Third Degree Criminal Sexual Conduct in Michigan under MCL 750.520d is a Tier 3 offense. If you are convicted of 3rd Degree CSC, you are required to register for your life on the public Michigan Sex Offender Registry (click here to see the online Registry).

There is an exception for those charged after July 1, 2011, in which the victim consented and was between the ages of 13 and 16, and in which you were no more than 4 years older than the victim (part of the Michigan "Romeo and Juliet" law).

If you are convicted of CSC 3, you will sign paperwork within days during an interview with an officer of the Michigan Department of Corrections. As of that date, you are officially publicly registered as a sex offender. For the rest of your life, if you're on the Public Sex Offender Registry, any person is free to go on the Michigan State Police site and find out you are a convicted sex offender by searching either for your name specifically, or for all registered sex offenders within a certain area. As a 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);

4 times per year, you must "report" or "verify." You would have to notify the proper law enforcement agency immediately if you do any of the following:

• Change your residence or domicile;
• Change your place of employment or quit or are fired;
• Enroll at any College or University, or discontinue enrollment;
• Change your name;
• Intend to temporarily reside at any place other than your residence for more than seven days;
• 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.

Failure to register, report, and comply with the Sex Offenders Registry Act is a serious crime itself. This is reason alone to aggressively defend a Michigan CSC 3 charge.

Required DNA, HIV/AIDS, and STD testing for Third Degree Criminal Sexual Conduct (CSC 3)

Anyone facing a Third Degree Criminal Sexual Conduct charge in Michigan will be forced to undergo sampling and testing. Your DNA will be taken as soon as you are arrested. Every single time a criminal complaint is made (anywhere in the US) where DNA evidence is taken, your DNA will already be in the database for comparison as a possible suspect. This database, the Combined DNA Index System (or "CODIS" for short), is run by the FBI. While you are being booked into custody for the CSC 3 charge, Police will take a "buccal swab," a Q-tip swiped on the inside of your cheek. It will then be sent to the Michigan State Police Forensic Crime Lab like the one in Northville, Michigan, where a technician will extract your DNA from specific "loci" on your DNA strand. 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. It does not matter whether DNA evidence was collected in the actual investigation. In July 2015, the Michigan CSC law requiring DNA profiling for those arrested for crimes was expanded to include more individuals.

Click here to learn even more about Michigan's new, tougher DNA profiling law.

At the Preliminary Exam, if your Third 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 in Third Degree Criminal Sexual Conduct cases?

RELATED: How can I be charged with Criminal Sexual Conduct in the Third Degree when my accuser has changed their story?

Does the Holmes Youthful Trainee Act ("HYTA") apply to Third Degree Criminal Sexual Conduct?

No, you cannot get HYTA for Criminal Sexual Conduct 3rd Degree (or Attempt or Conspiracy to commit CSC 3) in Michigan UNLESS the alleged victim is at least 13 years old and less than 16 years old. Even if you do get HYTA, you can still go to Jail or Prison.

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. Due to the seriousness of CSC 3, paragraph (2)(d) of HYTA specifically says it does not apply unless the alleged victim is at least 13 but less than 16 years old, and there's still no guarantee you'll get HYTA. Unless you get HYTA, if you are convicted, you'll have a public conviction on your record. A Criminal Sexual Conduct 3rd Degree charge must be fought aggressively by a Detroit sex crimes attorney.

This does not mean a person charged with 3rd Degree CSC can never get HYTA. It only means if you were between the ages 17 and 24 at the time of the alleged offense, and if that one special exception doesn't apply, you'll need to plead to a lesser offense to get HYTA. Whether to allow HYTA in a particular case is entirely up to the judge if you were at least 17 but under 21 at the time of the alleged offense. If you were between 21 and 24 years old, the prosecution must also agree. Either way, whether to offer a lesser plea down from Criminal Sexual Conduct in the Third Degree to something else that allows HYTA in the first place is always completely up to the prosecution.

Perhaps the biggest advantage to getting HYTA is you would not have to register as a sex offender. If the facts of your case aren't looking good, HYTA can be a great option. Overall, the best way to deal with any Criminal Sexual Conduct charge is to go to trial and be found NOT GUILTY.