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 CSC 2nd degree 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.
What is considered to be “sexual contact” in CSC 2nd degree?
Under the Michigan Law, sexual contact refers to the touching in the intentional manner of another human being, on their intimate parts, whether clothed or not. The intentional touching can reasonably be viewed as occurring for the following reasons:
- Sexual purpose
- Sexual arousal
- Sexual manner
All of these can occur as a type of revenge, to inflict humiliation, or out of anger. In many cases of alleged touching, it is up to a jury to determine if the contact was made for a sexual purpose. The Criminal Defense Law Center of West Michigan has handled numerous cases where a touching did happen. A defense to this kind of touching includes the following reasons: it was accidental, misinterpreted or misunderstood.
What can the punishment be for CSC 2nd degree?
Second degree criminal sexual conduct is a felony in Michigan. It can be punishable by imprisonment for up to 15 years, but no more. In addition to any imprisonment or electronic monitoring, the defendant would have to register for the Michigan Sex Offender Registry. If you or a loved one is facing an allegation of CSC 2nd degree, our lawyers can figure out what your guidelines are and let you know exactly what is the amount of time you are facing if convicted of the charge.
What should a person do if accused or charged with a crime of second degree criminal sexual conduct?
Crimes of CSC 2nd degree are extremely serious according to Michigan law. You need to hire a lawyer who will make sure your rights are protected and how to get you the best deal possible! You need an aggressive lawyer who isn’t afraid to take your case to trial if you are innocent of the charges. If you are facing charges of CSC 2nd degree, you need lawyers who are standing with you every step of the way. Attorney Shawn James Haff and The Criminal Defense Law Center of West Michigan provide our clients with the best customer service possible. All your questions will be answered and we will do our best to ease your fears regarding your case! If your current lawyer never available to take your phone calls, you need to consider hiring another lawyer!
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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