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Michigan Legal Resource Library · Criminal sexual conduct: the core law

Michigan Sex-Offense Penalties: The Full Chart

Key points

  • First-degree criminal sexual conduct is a felony punishable by imprisonment for life or any term of years, and the statute authorizes no fine.[1][2]
  • Three sentencing floors apply to first-degree CSC and repeat offenses: not less than 25 years where the actor is 17 or older and the victim is under 13, life without parole for a qualifying repeat offense against a child under 13, and at least 5 years for a second or subsequent first-, second- or third-degree conviction.[3][4][5]
  • Second- and third-degree CSC each carry a maximum of 15 years; fourth-degree CSC is labeled a misdemeanor but carries up to 2 years, a fine of up to $500, or both.[6][7][8]
  • A second or subsequent child sexually abusive material offense carries a mandatory minimum of not less than 5 years under MCL 750.145g.[9]
  • A registry tier comes from the lists in the Sex Offenders Registration Act, MCL 28.722, not from the penalty statute: a Tier I offender must comply for 15 years, a Tier II offender for 25 years and a Tier III offender for life.[10][11]
  • An offense the tier lists do not name can still be registrable: at sentencing the court must decide whether it by its nature constitutes a sexual offense against a person under 18.[12][13]

This chart lists Michigan sex offenses with the statute, the label the statute uses (felony or misdemeanor), the maximum term, the maximum fine where the statute sets one, any mandatory minimum, and the registry tier where the text of the Sex Offenders Registration Act names the offense. The most serious, first-degree criminal sexual conduct (CSC), is a felony punishable by imprisonment for life or any term of years.[1] The figures reflect the statutes as of October 2026.

How to read the chart: every term and fine is a statutory maximum, not a typical sentence. On a first felony conviction punishable by state prison, the court fixes a minimum term and the maximum penalty provided by law is the maximum sentence.[14] "Class" is the label the penalty clause itself uses. A dash in the fine or minimum column means the penalty clause states none. The tier column reports the text of the tier lists in MCL 28.722; a Tier I offender must comply for 15 years, a Tier II offender for 25 years and a Tier III offender for life.[10][11] "Not named in the tier lists" means only that the section number does not appear in any of the three lists as the text stood on October 4, 2026.[12] It does not mean a conviction can never lead to registration; the catch-all provisions are explained under "Registration, the catch-all provisions and how the tiers have shifted" below.

Criminal sexual conduct and assault with intent

OffenseStatuteClassMaximum termMaximum fineMandatory minimumRegistry tier
First-degree CSC[1][2][15][16]MCL 750.520b(2)(a)FelonyLife or any term of years——Tier III, unless the court determines that the consent-based exception applies (see the fifth note below)
First-degree CSC by a person 17 or older against a person under 13[3][15]MCL 750.520b(2)(b)FelonyLife or any term of years—Not less than 25 yearsTier III
First-degree CSC by a person 18 or older against a person under 13, with a previous qualifying conviction against a child under 13[4][15]MCL 750.520b(2)(c)FelonyLife without the possibility of parole—Life without paroleTier III
Second-degree CSC[6][2][17][15]MCL 750.520c(2)(a)Felony15 years——Tier III if the victim was under 13; otherwise Tier II
Third-degree CSC[7][2][15][16]MCL 750.520d(2)Felony15 years——Tier III, unless the court determines that the consent-based exception applies (see the fifth note below)
Fourth-degree CSC[8][18][19][12]MCL 750.520e(2)Misdemeanor (a felony under the definition in MCL 761.1)2 years$500—Tier I if the victim was 18 or older; Tier II if 13 to 17; Tier III if the actor was 17 or older and the victim under 13. The lists do not name the case of an actor under 17 and a victim under 13
Assault with intent to commit CSC involving sexual penetration[20][2][15][16]MCL 750.520g(1)Felony10 years——Tier III, unless the court determines that the same consent-based exception applies
Assault with intent to commit second-degree CSC[21][2][22][17][15]MCL 750.520g(2)Felony5 years——Tier I if the victim was 18 or older; Tier II if 13 to 17; Tier III if under 13
Second or subsequent conviction of first-, second- or third-degree CSC[5][23]MCL 750.520fSentencing provision, not a separate offenseThe maximum for the current offense—At least 5 yearsSet by the current offense; see the note on repeat offenses below
Attempt to commit an offense punishable by life or by 5 years or more, under the general attempt statute[24][12]MCL 750.92(2)Felony5 years in prison or 1 year in jail——Each tier list includes an attempt or conspiracy to commit an offense in that list

Five notes on this table. First, the 25-year figure is a floor and not a cap: the Court of Appeals has said the phrase does not limit the maximum sentence to 25 years.[25] Second, the 5-year minimum under MCL 750.520f applies when the current conviction is for first-, second- or third-degree CSC, and the prior may be a conviction at any time under those sections or under a similar statute of the United States or another state.[5][23] Third, the statutes for first-, second- and third-degree CSC and for assault with intent do not authorize a fine at all.[2] Fourth, the label on fourth-degree CSC matters less than its 2-year maximum: all CSC degrees go to circuit court for trial, because district court tries only misdemeanors punishable by not more than 1 year.[26] Fifth, the Tier III entry for first- and third-degree CSC and for assault with intent to commit penetration does not apply if the court determines that the victim consented to the conduct, that the victim was at least 13 but less than 16 at the time of the offense, and that the individual is not more than 4 years older than the victim.[16] That exception is about the registry tier only; it is not a defense to the charge.

The individual offenses are explained in first-degree CSC, second-degree CSC, third-degree CSC, fourth-degree CSC and assault with intent to commit CSC. The floors are covered in mandatory minimum sentences for CSC and second or subsequent CSC offenses.

Offenses involving minors

OffenseStatuteClassMaximum termMaximum fineMandatory minimumRegistry tier
Producing child sexually abusive activity or material[27][17]MCL 750.145c(2)(a)Felony20 years$100,000—Tier II
Producing, where the material involves a prepubescent child, sadomasochistic abuse or bestiality, or includes a video or more than 100 images[28][17]MCL 750.145c(2)(b)Felony25 years$125,000—Tier II
Distributing or promoting child sexually abusive material[29][17]MCL 750.145c(3)(a)Felony7 years$50,000—Tier II
Distributing or promoting, with the same aggravating content[30][17]MCL 750.145c(3)(b)Felony15 years$75,000—Tier II
Knowingly possessing, or knowingly seeking and accessing, child sexually abusive material[31][22]MCL 750.145c(4)(a)Felony4 years$10,000—Tier I
Possessing or accessing, with the same aggravating content[31][22]MCL 750.145c(4)(b)Felony10 years$50,000—Tier I
Second or subsequent offense under MCL 750.145c[9]MCL 750.145gSentencing provisionThe maximum for the current offense—Not less than 5 yearsSet by the current offense; see the note on repeat offenses below
Accosting, enticing or soliciting a child under 16 for immoral purposes[32][17]MCL 750.145aFelony4 years$4,000—Tier II
Accosting a child, with one or more prior convictions[33][17]MCL 750.145bFelony10 years$10,000—Tier II
Using the internet or a computer to communicate with any person for the purpose of committing one of the crimes the section names; the penalty follows the maximum for the underlying crime, in six steps[34][12]MCL 750.145d(2)Misdemeanor at the lowest step; felony at the other five1 year at the lowest step, rising to 20 years where the underlying crime carries 15 years or more or life$5,000 at the first four steps; $10,000; $20,000—Tier II for a violation of MCL 750.145d(1)(a), except one arising out of a violation of MCL 750.157c; subdivisions (1)(b) and (1)(c) are not named in the tier lists
Disseminating sexually explicit matter to a minor[35][12]MCL 722.675(5)Felony2 years$10,000—Not named in the tier lists
Taking or enticing away a minor under 16 for prostitution, concubinage, sexual intercourse or marriage[36][37][12]MCL 750.13Felony10 years——Not named in the tier lists
Kidnapping, which includes restraining a person with intent to engage in criminal sexual penetration or contact[38][39]MCL 750.349FelonyLife or any term of years$50,000—Tier III in the statute's text if committed against a minor
Child enticement: leading or enticing away a child under 14 to conceal the child from a lawful custodian[40][39][37]MCL 750.350FelonyLife or any term of years——Tier III in the statute's text
Unlawful imprisonment[41][39]MCL 750.349bFelony15 years$20,000—Tier I in the statute's text if the victim is a minor
A health licensee or registrant knowingly performing a medical treatment, procedure or examination on a minor that involves vaginal or anal penetration without meeting the statutory conditions[42][43][12]MCL 333.16279(5)Felony2 years; 5 years for a second or subsequent offense$5,000; $10,000 for a second or subsequent offense—Not named in the tier lists

The tier entries for kidnapping, child enticement and unlawful imprisonment describe the words of the statute only. In People v Lymon, the Michigan Supreme Court held on July 29, 2024 that applying the registry to people whose offense had no sexual component is cruel or unusual punishment under the Michigan Constitution.[44] Under the part of the federal judgment in Does v Whitmer that the State did not appeal, the State may not require registration for kidnapping (other than the forms defined by an intent to engage in criminal sexual penetration or contact or in child sexually abusive activity), unlawful imprisonment or leading away a child unless a court first determines under MCL 769.1(12) that the offense by its nature was a sexual offense.[45]

In MCL 750.145c, "child" means a person under 18, not under 16.[46] For more, see child sexually abusive material laws, accosting a child for immoral purposes, using a computer to commit a crime, disseminating sexually explicit matter to minors and child enticement and kidnapping.

Image-based offenses

OffenseStatuteClassMaximum termMaximum fineMandatory minimumRegistry tier
Nonconsensual dissemination of sexually explicit visual material of an adult, first violation[47][12]MCL 750.145e, 750.145f(a)Misdemeanor93 days$500—Not named in the tier lists
Nonconsensual dissemination, second or subsequent violation[47][12]MCL 750.145f(b)Misdemeanor1 year$1,000—Not named in the tier lists
Sexual extortion, first offense[48][12]MCL 750.213b(1)(a)Felony5 years$5,000—Not named in the tier lists
Sexual extortion, second offense[48][12]MCL 750.213b(1)(b)Felony10 years$10,000—Not named in the tier lists
Sexual extortion, third or subsequent offense[48][12]MCL 750.213b(1)(c)Felony20 years$20,000—Not named in the tier lists
Sexual extortion where the victim is under 18 or a vulnerable adult and the actor is over 18, or the victim suffers serious physical harm, serious mental harm or death[49][50][12]MCL 750.213b(2)Felony25 years——Not named in the tier lists
Sexual extortion by a person under 18[51][50][12]MCL 750.213b(3)Misdemeanor1 year——Not named in the tier lists
Creating or disseminating an intimate deep fake[52][12]MCL 752.388(2)Misdemeanor1 year$3,000—Not named in the tier lists
Intimate deep fake with one of the six statutory aggravating factors[53][12]MCL 752.388(3)Felony3 years$5,000—Not named in the tier lists
Surveilling a person who is clad only in undergarments or is unclothed, where the person would have a reasonable expectation of privacy[54][43][55]MCL 750.539j(1)(a), (2)(a)Felony2 years; 5 years with a prior conviction under the same subdivision$2,000; $5,000 with a prior conviction under the same subdivision—Tier I if a victim is a minor
Photographing or recording such an image, or distributing an image obtained in violation of the section[54][43][55]MCL 750.539j(1)(b), (1)(c), (2)(b)Felony5 years$5,000—Tier I if a victim is a minor
Installing or using a device to observe, record or photograph in a private place without consent[56][12]MCL 750.539d(1)(a), (3)(a)Felony2 years; 5 years with a prior conviction$2,000; $5,000 with a prior conviction—Not named in the tier lists
Distributing a recording or image obtained with such a device[56][12]MCL 750.539d(1)(b), (3)(b)Felony5 years$5,000—Not named in the tier lists
Coercing a vulnerable adult into providing sexually explicit visual material[57][12]MCL 750.145hMisdemeanor; felony with a prior conviction1 year; 2 years with a prior conviction$500; $1,000 with a prior conviction—Not named in the tier lists

The Tier I, II and III lists identify offenses by Penal Code section number, and as the text stood on October 4, 2026 none of them names the dissemination, sexual extortion, deep fake, private-place device or vulnerable-adult sections.[12] Where the person depicted or targeted was under 18, the catch-all described at the end of this page can still apply.[13] The nonconsensual dissemination statute applies only where the person depicted is 18 or older.[58] See nonconsensual intimate images, sextortion law, deepfake intimate images and voyeurism and hidden camera laws.

Exposure and indecency offenses

OffenseStatuteClassMaximum termMaximum fineMandatory minimumRegistry tier
Indecent exposure[59][12]MCL 750.335a(2)(a)Misdemeanor1 year$1,000—Not named in the tier lists
Indecent exposure while fondling the genitals, pubic area, buttocks or, if female, breasts[60][55]MCL 750.335a(2)(b)Misdemeanor2 years$2,000—Tier I if a victim is a minor
Indecent exposure by a person who was a sexually delinquent person at the time[61][62][63][64]MCL 750.335a(2)(c)Alternative sentenceAn indeterminate term of 1 day to life. The court may impose either that sentence or the penalty in subdivision (2)(a) or (2)(b); the sentencing guidelines are not a third option——Tier I
Gross indecency between males, between females, or between a male and a female[65][66][67][12]MCL 750.338, 750.338a, 750.338bFelony5 years; a sexually delinquent person "may be punishable" by 1 day to life$2,500 (the statute says "or," not "or both")—Tier II if the victim was 13 to 17, unless the court determines that one of two consent-based exceptions applies; Tier III if under 13
Crime against nature (sodomy or bestiality)[68][64][37]MCL 750.158Felony15 years; a sexually delinquent person "may be punishable" by 1 day to life——Tier II if committed against a minor, with two consent-based exceptions
Open and gross lewdness and lascivious behavior[69][12]MCL 750.335Misdemeanor1 year$1,000 (the statute says "or," not "or both")—Not named in the tier lists
Disorderly person: a window peeper, or a person engaged in indecent or obscene conduct in a public place[70][12]MCL 750.167(1)(c), (f); 750.168(1)Misdemeanor90 days$500—Not named in the tier lists
Sexual contact with a dead human body[71][72]MCL 750.160d(1)Misdemeanor2 years$500—Tier I
Sexual penetration with a dead human body[71][72][37]MCL 750.160d(2)Felony15 years——Tier III

Sexual delinquency is an alternate sentencing provision, not a stand-alone offense, and it applies only to five predicate offenses: the crime against nature statute, indecent exposure and the three gross indecency statutes.[73] In People v Arnold (2018), the Michigan Supreme Court concluded that a 1-day-to-life sentence for indecent exposure by a sexually delinquent person has never been required and that, if chosen, it cannot be modified.[62] In a second opinion in the same case on July 28, 2021, the Court held that the sentencing guidelines do not create an alternative sentence: the court may impose the penalty in MCL 750.335a(2)(a) or (b), with any applicable enhancements, or the 1-day-to-life sentence.[63] Sources written before that decision, including the passage of the judicial benchbook that still quotes the reversed 2019 Court of Appeals opinion, describe a guidelines option that no longer exists.[63] The 2021 opinion concerned the indecent exposure statute; the gross indecency and crime against nature statutes use different words, "may be punishable."[66][68] The registry's Tier I list includes an offense committed by a person who was, at the time, a sexually delinquent person.[64] See indecent exposure, gross indecency and the status of Michigan's sodomy law.

Commercial sex and trafficking

OffenseStatuteClassMaximum termMaximum fineMandatory minimumRegistry tier
Soliciting, admitting to a place for prostitution, engaging the services of an adult, aiding and abetting, or allowing a person 16 or under to remain in a house of prostitution: first conviction[74][75][12]MCL 750.448, 750.449, 750.449a(1), 750.450, 750.462; penalty at 750.451(1)Misdemeanor93 days$500—MCL 750.448 is Tier II if the victim is a minor. MCL 750.449, 750.449a(1), 750.450 and 750.462 are not named in the tier lists, and the judicial benchbook states that registration is not required for MCL 750.449a(1)
The same offenses by a person 16 or older with one prior conviction[76]MCL 750.451(2)Misdemeanor1 year$1,000—As above
The same offenses with two or more prior convictions[76]MCL 750.451(3)Felony2 years$2,000—As above
Engaging or offering to engage the services of a person under 18 for prostitution[77][75]MCL 750.449a(2); penalty at 750.451(4)Felony5 years$10,000—Tier I
Keeping, maintaining or operating a house of prostitution[78][12]MCL 750.452Felony5 years$5,000—Not named in the tier lists
Pandering[79][75][37]MCL 750.455Felony20 years——Tier II
Accepting the earnings of a prostitute[80][37][12]MCL 750.457Felony20 years——Not named in the tier lists
Transporting a person into, through or across Michigan for prostitution[81][12]MCL 750.459(1)Felony20 years$20,000—Not named in the tier lists
Selling travel services to facilitate prostitution or human trafficking[81][12]MCL 750.459(2), (3)Felony5 years; 10 years if the violation involves conduct against a minor$10,000; $15,000 if against a minor—Not named in the tier lists
Human trafficking under MCL 750.462b, 750.462c or 750.462d[82][12]MCL 750.462f(1)Felony10 years; 15 years if the violation results in bodily injury or in commercial sexual activity; 20 years for serious bodily injury; life or any term of years if it involves kidnapping or first-degree CSC (or an attempt at either), an attempt to kill or death$10,000; $15,000; $20,000; $50,000—Not named in the tier lists
Recruiting, enticing, harboring, transporting, providing or obtaining a minor for commercial sexual activity, or for forced labor or services[83][43][84]MCL 750.462e; penalty at 750.462f(2)Felony20 years$20,000—Tier II for MCL 750.462e(a) (commercial sexual activity). MCL 750.462e(b) (forced labor or services) is not named in the tier lists, and the judicial benchbook states that registration is not required for it

In any prosecution of a person under 18 for an offense punishable under MCL 750.451, the law presumes the minor was coerced by a person engaged in human trafficking; the prosecution may overcome the presumption by proving beyond a reasonable doubt that the minor was not forced or coerced.[85] For a minor, the trafficking statute uses the words "by any means" and applies "regardless of whether the person knows the age of the minor."[86] See prostitution and solicitation laws, pandering and commercial sex felonies and sex trafficking laws.

Other related offenses

OffenseStatuteClassMaximum termMaximum fineMandatory minimumRegistry tier
Inducing sexual contact by misrepresenting that it is medically necessary or beneficial[87][37][12]MCL 750.90(1)Felony20 years——Not named in the tier lists
Inducing sexual penetration by the same misrepresentation[88][37][12]MCL 750.90(2)Felony25 years——Not named in the tier lists
Delivering a controlled substance to a person without consent in order to commit or attempt CSC[89][37][12]MCL 333.7401aFelony20 years——Not named in the tier lists
HIV: intercourse without disclosure with specific intent to infect, or with reckless disregard where HIV is transmitted[90][91][92][12]MCL 333.5210(1), (2); penalty from MCL 750.503Felony4 years$5,000—Not named in the tier lists
HIV: reckless disregard without transmission[91][12]MCL 333.5210(3)Misdemeanor1 year$1,000—Not named in the tier lists
Stalking[93][12]MCL 750.411h(2)(a), (b)Misdemeanor; felony if the victim was under 18 and the actor is 5 or more years older1 year; 5 years in the felony version$1,000; $10,000 in the felony version—Not named in the tier lists
Eavesdropping on a private conversation with a device, without the consent of all parties[94][12]MCL 750.539cFelony2 years$2,000—Not named in the tier lists
Willful violation of the Sex Offenders Registration Act[95][12]MCL 28.729(1)Felony4 years; 7 years with one prior; 10 years with two or more$2,000; $5,000; $10,000—Not named in the tier lists
Willful failure to comply with the in-person verification section, MCL 28.725a, other than payment of the fee[96][12]MCL 28.729(2)Misdemeanor2 years$2,000—Not named in the tier lists
Intentionally removing, defacing, altering, destroying or failing to maintain a lifetime electronic monitoring device, failing to report that it is damaged, or failing to reimburse its cost[97][43][12]MCL 750.520n(2)Felony2 years$2,000—Not named in the tier lists
Knowing failure of a mandated reporter to report suspected child abuse[98][12]MCL 722.633(2)Misdemeanor93 days$500—Not named in the tier lists
Intentionally using a professional position of authority over another person to prevent, or attempt to prevent, a report of alleged child abuse, CSC or assault with intent to commit CSC to a Title IX coordinator at a postsecondary institution[99][12]MCL 750.478b(1)Misdemeanor1 year$1,000—Not named in the tier lists
Intentionally making a false report of the commission of a crime, knowing the report is false[100][101][102][12]MCL 750.411a(1)Misdemeanor if a misdemeanor was falsely reported; felony if a felony was93 days; 4 years. Higher maximums of 5, 10 and 15 years apply if a person is physically injured, suffers serious impairment of a body function or is killed as a proximate result of lawful conduct arising out of the response to the report$500; $2,000; up to $20,000, $25,000 and $50,000 at the three higher steps—Not named in the tier lists
Violating a personal protection order issued under MCL 600.2950a, by a person 17 or older[103][12]MCL 600.2950a(23)Criminal contempt93 days$500—Not named in the tier lists

A court may order a sentence under MCL 750.90 served consecutively to any other sentence, including one arising from the same transaction.[88] The pretext-of-medical-treatment offenses took their current form on October 10, 2023.[104] See sexual conduct by health professionals, HIV and STI disclosure law, failure-to-register penalties and false allegations of sexual misconduct.

What the chart does not show

Lifetime electronic monitoring

For first-degree CSC the court "shall" add lifetime electronic monitoring to a sentence under MCL 750.520b(2)(a) or (b).[105] The Michigan Supreme Court held in People v Comer that monitoring must be imposed for all defendants convicted of first-degree CSC except a defendant sentenced to life without the possibility of parole.[106] For second-degree CSC it applies only where the actor was 17 or older and the victim was under 13.[107] Monitoring tracks the person's movement and location from release on parole or from prison until death, and the person reimburses the Department of Corrections at $60 a month after discharge from parole.[108][109] Whether lifetime monitoring is constitutional has not been decided by the Michigan Supreme Court: in People v Kardasz (December 19, 2025) it denied leave to appeal on those challenges.[110] See lifetime electronic monitoring.

How the judge arrives at a sentence

The sentencing guidelines recommend a range for the minimum sentence; the judge must score them and consider the range, but the range is advisory.[111] Where a statute mandates a minimum sentence, the court must impose it, and doing so is not a departure from the guidelines.[112] The minimum may not exceed two-thirds of the statutory maximum.[113] The minimum matters because of parole: a person imprisoned on a term of years for first-, second-, third- or fourth-degree CSC or assault with intent to commit CSC, for a crime committed on or after December 15, 1998, comes under the parole board's jurisdiction only after serving a period equal to the full minimum sentence under MCL 791.234(2), with no reduction for good time or disciplinary credits.[114] For guidelines purposes first-degree CSC is a Class A offense, third-degree is Class B, second-degree is Class C and fourth-degree is Class G.[115] See sentencing guidelines for CSC and prison, parole and treatment.

Probation and consecutive sentences

The probation statute excludes first- and third-degree CSC.[116] Where a court places a person convicted of a listed offense on probation under MCL 771.2a(7), the term is not less than 5 years.[117] Sentences in Michigan run concurrently unless a statute expressly authorizes consecutive sentences, and the first-degree CSC statute authorizes a consecutive term for any other offense arising from the same transaction.[118][119] See probation and CSC convictions and consecutive sentences.

Assessments

A fine is separate from assessments. A person convicted of a felony pays a $130 crime victim assessment and a person convicted of a misdemeanor pays $75, with one assessment per case.[120] The court also orders a $60 DNA assessment on conviction of a covered offense.[121]

Registration, the catch-all provisions and how the tiers have shifted

A Tier I offender must comply for 15 years, a Tier II offender for 25 years and a Tier III offender for life.[11] The tier lists name offenses by section number, but four provisions reach beyond the named sections. First, Tier I includes any other violation of a Michigan law or local ordinance, other than a Tier II or Tier III offense, that by its nature constitutes a sexual offense against a minor.[12] When a court sentences a person for an offense that is not a listed offense, it must determine whether the offense meets that description; if it does, the conviction is for a listed offense, and the court must state the basis on the record and include the determination in the judgment of sentence.[13] For that reason "Not named in the tier lists" is the most this chart can say about a section such as the sexual extortion, dissemination-to-minors or private-place device statutes when the victim was under 18. Second, Tier I includes an offense committed by a person who was, at the time, a sexually delinquent person.[12] Third, each tier includes an attempt or conspiracy to commit an offense in its list.[12] Fourth, each tier includes a substantially similar offense under a federal law specifically enumerated in 34 USC 20911, under a law of any state or any country, or under tribal or military law.[12]

A later conviction can move a person up a tier: a Tier I offender convicted of another Tier I offense becomes a Tier II offender, and a Tier II offender convicted of a Tier I or II offense becomes a Tier III offender.[122] The tier lists were renumbered when 2024 PA 66 took effect on October 6, 2024, so subparagraph citations in older sources may not match.[72]

The tier column describes the text of the current act, not whether a particular person must register. By order of September 9, 2026 in People v Smith, the Michigan Supreme Court held that the 2021 act may not be applied retroactively to registrants whose offenses were committed before the 2011 amendments.[123] See SORA tiers, how long registration lasts and the SORA court rulings.

Record clearing and youthful trainee status

A conviction for first-, second- or third-degree CSC, assault with intent to commit CSC, a child sexually abusive material offense or use of a computer under MCL 750.145d cannot be set aside.[124] A fourth-degree conviction entered on or after January 12, 2015 cannot be set aside either.[125] The Holmes Youthful Trainee Act excludes first-, second-, third- and fourth-degree CSC, with two exceptions: MCL 750.520d(1)(a) and MCL 750.520e(1)(a), the age-based forms of third- and fourth-degree CSC.[126] See expunging a sex offense conviction and HYTA and sex offenses.

Terms used in the chart are defined in the glossary, and the dates of recent amendments are in the timeline of recent changes.

Common questions

What is the maximum penalty for first-degree criminal sexual conduct in Michigan?

Life. MCL 750.520b(2)(a) makes first-degree CSC a felony punishable by imprisonment for life or for any term of years.[1] If the actor was 17 or older and the victim was under 13, the sentence cannot be less than 25 years.[3] A person 18 or older with a qualifying earlier conviction against a child under 13 is sentenced to life without the possibility of parole.[4]

Is fourth-degree CSC a misdemeanor or a felony?

The statute calls it a misdemeanor, punishable by imprisonment for not more than 2 years or a fine of not more than $500, or both.[8] The Code of Criminal Procedure defines a felony as an offense for which the offender may be punished by imprisonment for more than 1 year, so fourth-degree CSC falls inside that definition for procedural purposes.[18] For sentencing guidelines purposes it is a Class G offense.[115]

Can a Michigan judge impose a fine for first-, second- or third-degree CSC?

No. The statutes for first-, second- and third-degree CSC and for assault with intent to commit CSC do not authorize a fine, and the Michigan Supreme Court vacated a $500 fine imposed for first-degree CSC on that ground.[2] Only fourth-degree CSC carries a fine, capped at $500.[8] Assessments are separate: the crime victim assessment is $130 for a felony and $75 for a misdemeanor.[120]

Which Michigan sex offenses carry a mandatory minimum sentence?

Four provisions in this chart set one. First-degree CSC by a person 17 or older against a child under 13 carries not less than 25 years.[3] A qualifying repeat offense against a child under 13 carries life without parole.[4] A second or subsequent first-, second- or third-degree CSC conviction carries at least 5 years.[5] A second or subsequent offense under the child sexually abusive material statute carries not less than 5 years.[9]

Does the maximum in the chart tell me what sentence a person will get?

No. On a first felony conviction punishable by state prison, the court fixes a minimum term and the maximum penalty provided by law is the maximum sentence.[14] The sentencing guidelines recommend a range for that minimum, and the range is advisory.[111] The minimum may not exceed two-thirds of the statutory maximum.[113] Where a statute sets a mandatory minimum, the court must impose it.[112]

Does every offense in the chart put a person on the sex offender registry?

No. A listed offense under the act is a Tier I, Tier II or Tier III offense.[10] Many sections in the chart, including the nonconsensual dissemination, sexual extortion and intimate deep fake statutes, are not named in any tier list.[12] That does not settle the matter where the victim was under 18: when sentencing for an unlisted offense, the court must decide whether it by its nature constitutes a sexual offense against a minor, and if so the conviction is for a listed offense.[13] Separately, under the Michigan Supreme Court's September 9, 2026 order in People v Smith, the current act may not be applied to people whose offenses were committed before the 2011 amendments.[123]

Sources

  1. MCL 750.520b(2)(a) — Michigan Legislature
  2. People v Escobedo, 504 Mich 893 (2019); People v Johnson, 315 Mich App 163, 198-199 (2016); People v Johnson, 314 Mich App 422, 423 (2016); MCL 750.520e(2) — Michigan Courts
  3. MCL 750.520b(2)(b) — Michigan Legislature
  4. MCL 750.520b(2)(c) — Michigan Legislature
  5. MCL 750.520f(1) — Michigan Legislature
  6. MCL 750.520c(2)(a) — Michigan Legislature
  7. MCL 750.520d(2) — Michigan Legislature
  8. MCL 750.520e(1)(c), (d), (f), (g), (h); MCL 750.520e(2) — Michigan Legislature
  9. MCL 750.145g — Michigan Legislature
  10. MCL 28.722(i) — Michigan Legislature
  11. MCL 28.725(11)–(13) — Michigan Legislature
  12. MCL 28.722(r)(i)–(xi), (t)(i)–(xiii), (v)(i)–(ix) — Michigan Legislature
  13. MCL 769.1(12) — Michigan Legislature
  14. MCL 769.8(1) — Michigan Legislature
  15. MCL 28.722(v)(i)–(ix) — Michigan Legislature
  16. MCL 28.722(v)(iv) — Michigan Legislature
  17. MCL 28.722(t)(i)–(xiii) — Michigan Legislature
  18. MCL 761.1(f); MJI Sexual Assault Benchbook (3d ed) §2.5(D) n 58 — Michigan Legislature
  19. MCL 28.722(r)(v), (t)(x), (v)(vi) — Michigan Legislature
  20. MCL 750.520g(1) — Michigan Legislature
  21. MCL 750.520g(2) — Michigan Legislature
  22. MCL 28.722(r)(i)–(xi) — Michigan Legislature
  23. MCL 750.520f(2) — Michigan Legislature
  24. MCL 750.92(2) — Michigan Legislature
  25. People v Roy, 346 Mich App 244, 253 (2023); People v Kreiner, 497 Mich 1024, 1024-1025 (2015) — Michigan Courts
  26. MCL 600.8311(a), (d)–(f) — Michigan Legislature
  27. MCL 750.145c(2)(a) — Michigan Legislature
  28. MCL 750.145c(2)(b) — Michigan Legislature
  29. MCL 750.145c(3)(a) — Michigan Legislature
  30. MCL 750.145c(3)(b) — Michigan Legislature
  31. MCL 750.145c(4)(a)-(b) — Michigan Legislature
  32. MCL 750.145a — Michigan Legislature
  33. MCL 750.145b(1)-(3) — Michigan Legislature
  34. MCL 750.145d(2)(a)-(f) — Michigan Legislature
  35. MCL 722.675(5) — Michigan Legislature
  36. MCL 750.13; MCL 767.24(2) — Michigan Legislature
  37. MCL 750.455; MCL 750.457(1); MCL 750.90(1), (2); MCL 750.13; MCL 750.350(1); MCL 750.158; MCL 750.160d(2); MCL 333.7401a(1) — Michigan Legislature
  38. MCL 750.349(1)(c), (1)(f), (3) — Michigan Legislature
  39. MCL 28.722(r)(iii), (v)(ii), (v)(iii) — Michigan Legislature
  40. MCL 750.350(1)-(2) — Michigan Legislature
  41. MCL 750.349b(1)-(2) — Michigan Legislature
  42. MCL 333.16279(1), (5) — Michigan Legislature
  43. MCL 750.539j(1); MCL 750.520n(2); MCL 333.16279(1), (5); MCL 750.462e; MCL 28.729(3), (4) — Michigan Legislature
  44. People v Lymon, 515 Mich 145 (2024) (Docket No. 164685) — Michigan Courts
  45. Does v Whitmer, Amended Judgment ¶ G; Class Action Notice pp. 9-10 — aclumich.org
  46. MCL 750.145c(1)(c), (5) — Michigan Legislature
  47. MCL 750.145f — Michigan Legislature
  48. MCL 750.213b(1)(a)-(c) — Michigan Legislature
  49. MCL 750.213b(2) — Michigan Legislature
  50. MCL 750.213b(2), (3) — Michigan Legislature
  51. MCL 750.213b(3) — Michigan Legislature
  52. MCL 752.388(2) — Michigan Legislature
  53. MCL 752.388(3) — Michigan Legislature
  54. MCL 750.539j(2) — Michigan Legislature
  55. MCL 28.722(r)(i), (ii), (vi), (viii), (ix) — Michigan Legislature
  56. MCL 750.539d(1)(b), (2), (3) — Michigan Legislature
  57. MCL 750.145h(1)-(3) — Michigan Legislature
  58. MCL 750.145e(1)(a) — Michigan Legislature
  59. MCL 750.335a(2)(a) — Michigan Legislature
  60. MCL 750.335a(2)(b) — Michigan Legislature
  61. MCL 750.335a(2)(c) — Michigan Legislature
  62. People v Arnold, 502 Mich 438, 444, 464-465, 469, 471, 482 (2018) — Michigan Courts
  63. People v Arnold, 508 Mich 1 (2021) (Docket No. 160046, decided July 28, 2021) — Michigan Courts
  64. MCL 28.722(r)(ix), (t)(v) — Michigan Legislature
  65. MCL 750.338; MCL 750.338a; MCL 750.338b — Michigan Legislature
  66. MCL 750.338; MCL 750.338a; MCL 750.338b — Michigan Legislature
  67. People v Lino, 447 Mich 567, 575-578 (1994); MCL 28.722(t)(vi), (v)(i) — Michigan Courts
  68. MCL 750.158 — Michigan Legislature
  69. MCL 750.335; 2023 PA 78 — Michigan Legislature
  70. MCL 750.167(1)(c), (f); MCL 750.168(1) — Michigan Legislature
  71. MCL 750.160d(1)-(2) — Michigan Legislature
  72. MCL 28.722(r)(vii), (v)(vii) — Michigan Legislature
  73. People v Arnold, 502 Mich 438, 464-465 (2018); People v Craig, 488 Mich 861 (2010) — Michigan Courts
  74. MCL 750.451(1) — Michigan Legislature
  75. MCL 28.722(r)(iv), (t)(viii), (t)(ix); Sexual Assault Benchbook §3.6 — Michigan Legislature
  76. MCL 750.451(2), (3), (9) — Michigan Legislature
  77. MCL 750.449a(2); MCL 750.451(4) — Michigan Legislature
  78. MCL 750.452 — Michigan Legislature
  79. MCL 750.455 — Michigan Legislature
  80. MCL 750.457(1)-(2) — Michigan Legislature
  81. MCL 750.459(1)-(3) — Michigan Legislature
  82. MCL 750.462f(1)(a)-(d) — Michigan Legislature
  83. MCL 750.462f(2) — Michigan Legislature
  84. MCL 28.722(t)(vii); Sexual Assault Benchbook §3.31(B) — Michigan Legislature
  85. MCL 750.451(6) — Michigan Legislature
  86. MCL 750.462e(a); MCL 750.462a(j) — Michigan Legislature
  87. MCL 750.90(1) — Michigan Legislature
  88. MCL 750.90(2)-(4) — Michigan Legislature
  89. MCL 333.7401a(1)-(3) — Michigan Legislature
  90. MCL 333.5210(1) — Michigan Legislature
  91. MCL 333.5210(2)-(3) — Michigan Legislature
  92. MCL 333.5210(1)-(2); MCL 750.503 — Michigan Legislature
  93. MCL 750.411h(1)(e), (2)(a)-(b) — Michigan Legislature
  94. MCL 750.539c — Michigan Legislature
  95. MCL 28.729(1) — Michigan Legislature
  96. MCL 28.729(2), (3), (4) — Michigan Legislature
  97. MCL 750.520n(2), (4) — Michigan Legislature
  98. MCL 722.633(1), (2) — Michigan Legislature
  99. MCL 750.478b(1); 2023 PA 50 — Michigan Legislature
  100. MCL 750.411a(1) — Michigan Legislature
  101. MCL 750.411a(1)(a)-(e) — Michigan Legislature
  102. MCL 750.411a(1)(c), (d), (e) — Michigan Legislature
  103. MCL 600.2950a(23); MCR 3.708(H)(3) — Michigan Legislature
  104. MCL 750.90(1), (2); 2023 PA 58 — Michigan Legislature
  105. MCL 750.520b(2)(d) — Michigan Legislature
  106. People v Comer, 500 Mich 278 (2017) (Docket No. 152713, decided June 23, 2017), slip op at 8–11 and 20 — Michigan Courts
  107. MCL 750.520c(2)(b) — Michigan Legislature
  108. MCL 791.285(1)(a), (3) — Michigan Legislature
  109. MCL 791.285(2) — Michigan Legislature
  110. People v Kardasz, ___ Mich ___ (December 19, 2025) (Docket No. 165008) — Michigan Courts
  111. MCL 769.34(2); People v Lockridge, 498 Mich 358 (2015) — Michigan Courts
  112. MCL 769.34(2)(a) — Michigan Legislature
  113. MCL 769.34(2)(b) — Michigan Legislature
  114. MCL 791.234(2); MCL 800.34(5)(a)(iii); MCL 791.233b — Michigan Legislature
  115. MCL 777.16y — Michigan Legislature
  116. MCL 771.1(1) — Michigan Legislature
  117. MCL 771.2a(7) — Michigan Legislature
  118. People v Gonzalez, 256 Mich App 212, 229 (2003) — Michigan Courts
  119. MCL 750.520b(3) — Michigan Legislature
  120. MCL 780.905(1), (2) — Michigan Legislature
  121. MCL 750.520m(1), (2), (5) — Michigan Legislature
  122. MCL 28.722(s)(i), (u)(i) — Michigan Legislature
  123. People v Smith, ___ Mich ___ (order of September 9, 2026) (Docket No. 168200) — Michigan Courts
  124. MCL 780.621c(1)(a), (b), (2) — Michigan Legislature
  125. MCL 780.621c(1)(c); MCL 780.621(1)(d) — Michigan Legislature
  126. MCL 762.11(3)(a), (d) — Michigan Legislature

This page is general legal information about Michigan law, published by the office of Attorney Shawn Haff. It is not legal advice and reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts — check the sources linked above and talk to a licensed Michigan attorney about your situation. If you are in danger, call 911. The National Sexual Assault Hotline is 1-800-656-4673.

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