CSC 3rd Degree Defense Attorney Grand Rapids

Short answer: Third degree criminal sexual conduct (MCL 750.520d) involves sexual penetration where the complainant was 13 to 15 years old, where force or coercion was used, or where the complainant was mentally incapable or incapacitated. It is a felony punishable by up to 15 years and it is a Tier III registration offence.

When Penetration Is Charged as Third Degree

CSC 3rd under MCL 750.520d applies when there was sexual penetration but none of the CSC 1st aggravators are present. The most common scenarios in West Michigan are:

The complainant was 13, 14, or 15 years old — Michigan’s age of consent is 16, so this is the statute behind most so-called statutory rape prosecutions
Force or coercion was used to accomplish the penetration
The accused knew or should have known the complainant was mentally incapable, mentally incapacitated, or physically helpless
A limited set of relationship-based circumstances defined in the statute

This is the most commonly charged penetration offence in Michigan, and a large share of these cases involve people close in age where one party had just turned 16 and the other had not.

Penalties

CSC 3rd is a felony carrying up to 15 years in prison, and a conviction is a Tier III offence under SORA — lifetime registration.

For young defendants the collateral consequences usually outweigh the sentence. Registration affects where you can live, where you can work, and whether you can attend or reside on a college campus. That is why diversionary options are worth fighting hard for.

Age-Gap Cases and Diversion

Michigan’s protections for close-in-age relationships are narrower than most people expect. There is no broad "Romeo and Juliet" defence that makes the conduct lawful. What exists are limited provisions that can affect registration obligations where the age gap was small and the conduct was consensual.

For eligible defendants the Holmes Youthful Trainee Act (HYTA) can be the single most valuable outcome available: it allows a qualifying young adult to avoid a public conviction if the terms are completed. Whether HYTA is available in a given CSC case depends on the offence and the defendant’s age, and it is discretionary with the judge — which means the argument made at sentencing matters enormously.

Defending CSC 3rd

Where age is the element, the defence is rarely "it did not happen" — it is about the charge, the registry consequence, and the disposition. Mistake about age is not a defence in Michigan, which surprises nearly every client in these cases.

Where force or coercion is the element, the defence is often consent, and the case turns on the messages, the timeline, and the witnesses around the event. In incapacity cases the fight is over what the accused knew or reasonably should have known.

CSC 3rd Degree in Michigan — Frequently Asked Questions

What is the age of consent in Michigan?

Sixteen. Sexual penetration with someone who is 13, 14, or 15 is third degree criminal sexual conduct under MCL 750.520d, regardless of whether the younger person agreed.

Is it a defence that I thought they were 16 or older?

No. Michigan does not recognise a reasonable-mistake-of-age defence in these cases. It is one of the harshest features of the statute and a reason to involve a lawyer immediately.

Does Michigan have a Romeo and Juliet law?

Not in the way most people mean. There is no age-gap exception that makes the conduct lawful. There are limited provisions that can affect registration obligations in close-in-age consensual cases, and those are worth pursuing.

What is HYTA and can it apply to a CSC case?

The Holmes Youthful Trainee Act lets a qualifying young adult avoid a public conviction. Its availability in CSC cases is limited and always discretionary with the judge, but where it applies it is usually the best outcome on the table.

How long do I have to register?

A CSC 3rd conviction is Tier III, which is lifetime registration under Michigan’s Sex Offender Registration Act.

Can a CSC 3rd charge be reduced to something without registration?

Sometimes. Depending on the proofs a negotiated resolution to a non-registrable offence is possible, and that is usually the single most important thing to fight for.

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.

CSC 3rd Degree in Michigan (MCL 750.520d)