Short answer: Fourth degree criminal sexual conduct (MCL 750.520e) involves sexual contact accomplished by force or coercion, or where the complainant was incapacitated or in certain relationships with the accused. It is a two-year misdemeanor — but it still carries sex offender registration, which is why it should never be treated as a minor charge.
A Misdemeanor That Does Not Behave Like One
CSC 4th is the least severe of the four degrees and the one clients most often underestimate. Under MCL 750.520e it is punishable by imprisonment for not more than 2 years, a fine of up to $500, or both. In Michigan that makes it a misdemeanor — specifically a "high court misdemeanor", prosecuted in circuit court and treated like a felony for many procedural purposes.
The reason it deserves a serious defence is not the maximum sentence. It is the registration. A CSC 4th conviction is a registrable offence, and years on a public registry reshape a life in a way a short jail exposure does not. Two years is survivable; the registry is the part that follows you.
What the Prosecution Must Prove
The elements are sexual contact — the same definition used in CSC 2nd, requiring a sexual purpose — plus one of the circumstances in the statute, including:
- Force or coercion was used to accomplish the contact
- The accused knew or should have known the complainant was mentally incapable, incapacitated, or physically helpless
- The accused was a mental health professional and the contact occurred during treatment
- Certain relationships involving a complainant aged 13 to 15 and an accused five or more years older
Why These Cases Are Winnable
CSC 4th allegations frequently arise from workplace incidents, bar encounters, and social settings where the facts are genuinely contested and the whole case rests on one person’s account of a brief moment.
Force or coercion is a real legal standard, not a formality — and prosecutors sometimes charge CSC 4th on facts that do not meet it. Where the contact was consensual, accidental, or lacked any sexual purpose, there is a defence. Where alcohol is involved, what the accused reasonably should have known about the other person’s capacity is genuinely litigable.
Because the charge is a misdemeanor there is also more room to negotiate a resolution to a non-registrable offence such as assault and battery. Getting there is the goal in most of these cases, and it is achievable far more often than clients expect.
CSC 4th Degree in Michigan — Frequently Asked Questions
Is CSC 4th degree a felony in Michigan?
No. Under MCL 750.520e it is a two-year misdemeanor, sometimes called a high court misdemeanor because it is handled in circuit court. It is still serious because it triggers sex offender registration.
What is the maximum penalty for CSC 4th degree?
Up to 2 years in prison, a fine of up to $500, or both.
Do I have to register for CSC 4th degree?
Yes, it is a registrable offence under Michigan’s Sex Offender Registration Act. The tier that applies determines how long, so confirming that for your specific charge is one of the first things to do.
Can CSC 4th be reduced to avoid the registry?
Often, yes. A negotiated plea to assault and battery or another non-registrable offence avoids registration entirely. That is usually the most valuable outcome available and it is what I aim for first.
What if alcohol was involved?
Intoxication alone does not make contact criminal. The question is whether the complainant was actually incapacitated and whether the accused knew or reasonably should have known. That is a fact question a jury can decide in your favour.
Related Pages
- Criminal Sexual Conduct — all four degrees
- CSC 3rd Degree
- CSC 2nd Degree
- Michigan Sex Offender Registry
- Sexual Assault Defense
- Sex Crimes Defense
Talk to Me Before You Talk to Anyone Else
If you are under investigation or have been charged, the decisions you make in the first days matter more than almost anything that happens later. Do not speak to police, do not contact the complainant, and do not delete anything. Call me at 616-438-6719 — the consultation is free and I answer 24/7, across Kent, Ottawa, Allegan, Barry, Ionia, Muskegon, Newaygo and Van Buren counties.