What is CSC 2nd Degree?
Michigan Penal Code §750.520(c) describes the crime of 2nd degree criminal sexual conduct. A person can be found guilty of 2nd degree CSC if he or she engages in sexual contact with another person under who is under the age of 13; or the other person is less than 16 years of age, but over the age of 13, under the following circumstances:
- The committer is a member of the same household as the other person.
- The actor is related to the victim by a blood relation.
- The committer is in an authoritative position over the victim and uses that status to coerce the victim to submit to the sexual contact.
- The actor is a teacher, substitute teacher, administrator or other employee within the school district that the victim attends and uses that status to gain access, or establish a relationship, with the other person.
- The actor is an employee or volunteer of a childcare facility or licensed as a foster caregiver in which the victim resides.
- The sexual contact occurs during the commission of another felony.
- The committer is aided or abetted by at least one other person and either knows, or should have known, that the victim is mentally incapable or incapacitated or physically helpless, or uses force or coercion to commit the sexual contact.
- The actor is armed with a weapon, or something that could be reasonably believed to be a weapon.
- Personal injury is caused to the victim from the force or coercion used by the actor of the sexual contact.
- The actor caused personal injury to the victim and either knows, or should have known, that the victim is mentally incapable or incapacitated or physically helpless.
- The other person involved is mentally incapable, disabled, or incapacitated or physically helpless and the victim and the actor are related by blood or the actor is in an authoritative position over the victim.
- The committer is an employee, contractual employee, or volunteer with the department of corrections, or juvenile correctional facility, and who knows the victim is under the jurisdiction of the department of corrections.
- The victim is under the jurisdiction of a county as a prisoner or a probationer and the perpetrator is an employee, contractual employee, or volunteer with the county or department of corrections.
If you or someone you know has been accused of sexual conduct accompanying any of these conditions, imprisonment of up to 15 years along with lifetime electronic monitoring could be the result. Do not risk a prison sentence and monitoring, get an expert Michigan Criminal Defense Attorney by your side immediately by calling Shawn today at 616-438-6719. The call is free!
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