Glossary of Michigan Sex-Offense Legal Terms

This glossary defines 130 terms used in Michigan sex-offense cases, in alphabetical order. Each definition is tied to the statute, court rule, jury instruction, opinion or benchbook passage it comes from, and each entry links to the guide that covers the subject. Two points are worth stating at the outset: the Michigan crime is called "criminal sexual conduct," not rape, and the statutes use "actor" and "victim" for the person accused and the person making the allegation, before anything has been proved.^[1][3]

Definitions here are short on purpose. Statutory definitions of sexual terms are given in the statute's own words where the definition is the legal point. Where a word has different meanings in different settings, such as "sexual harassment" or "sexual assault," the entry says which source the definition comes from. For common misunderstandings, see Fifteen myths about Michigan sex-crime cases; for when the rules changed, see the timeline of recent changes.

A to B

Accosting a child for immoral purposes. Accosting, enticing or soliciting a child under 16, or a person believed to be under 16, with intent to induce or force the child to commit an immoral act or submit to sexual intercourse, gross indecency or another act of depravity or delinquency. It is a felony punishable by up to 4 years, a fine of up to $4,000, or both.^[9] See Accosting a child for immoral purposes.

Actor. The statutory word for the person accused of criminal sexual conduct.^[3] See Michigan criminal sexual conduct law.

Advisor. In a school's Title IX process, the person each party may bring to any meeting or proceeding; the advisor may be an attorney, but is not required to be one.^[10] See The Title IX process.

Affinity. The relationship created by marriage between one spouse and the other spouse's blood relatives, as opposed to a relationship "by blood," which means descent from a common ancestor. Several CSC provisions turn on whether the actor is related to the victim by blood or affinity.^[11][12] See CSC involving relatives and household members.

Age of consent. Sixteen, as the benchbook for Michigan judges states the rule: a person under 16 is legally incapable of consenting to a sexual act.^[13] The CSC statutes do not use the phrase; their age lines are written into the offense definitions, which also contain separate provisions for students who are at least 16 but less than 18.^[14] The benchbook's lists of offenses to which consent may not be raised do not include those student provisions, and the sources behind this guide do not settle whether consent matters under them.^[15] See The age of consent in Michigan.

Aggravated indecent exposure. The common name for indecent exposure committed while fondling the genitals, pubic area, buttocks or, if female, breasts. The statute labels it a misdemeanor punishable by up to 2 years, a fine of up to $2,000, or both.^[16] See Indecent exposure.

Alibi. A defense that the accused was somewhere else. In a felony case a defendant who intends to offer alibi testimony must file and serve written notice at the arraignment on the information or within 15 days after it, and not less than 10 days before trial, or as the court directs.^[17] See Identity, alibi and DNA defenses.

Assault with intent to commit criminal sexual conduct. Two felonies in MCL 750.520g: assault with intent to commit CSC involving sexual penetration, punishable by up to 10 years, and assault with intent to commit second-degree CSC, punishable by up to 5 years.^[18][19] For the penetration form, an actual touching or penetration is not required.^[20] See Assault with intent to commit CSC.

Attempt. The CSC statutes have no attempt provision of their own; an attempt is punished under the general attempt statute, MCL 750.92. An attempt to commit an offense punishable by life or by 5 years or more is a felony carrying up to 5 years in prison or up to 1 year in jail.^[21] See the penalties chart.

Bail exception for first-degree CSC. The Michigan Constitution makes all persons bailable before conviction, with four exceptions that apply when the proof is evident or the presumption great. One names first-degree CSC, together with armed robbery and kidnapping with intent to extort: bail may be denied unless the court finds by clear and convincing evidence that the defendant is not likely to flee or present a danger to any other person.^[22] The other three cover murder or treason, a violent felony charged against a person convicted of 2 or more violent felonies from separate incidents within the preceding 15 years, and a violent felony alleged to have been committed while on bail, probation or parole for a violent felony.^[23] See Bond in Michigan CSC cases.

Bindover. The magistrate's order, at the end of a preliminary examination, sending a felony case to circuit court. If the magistrate finds that a felony has been committed and there is probable cause to charge the defendant with it, the magistrate must bind the defendant over to appear within 14 days for arraignment in circuit court.^[24] See The preliminary examination in CSC cases.

Birthday rule. The method Michigan uses to count age for an age element: a person reaches a given age on the anniversary of birth.^[25] See Statutory rape laws.

C

Catch-all provision. The rule that lets a court treat an offense outside the tier lists as registrable. When sentencing for an offense that is not a listed offense, the court must decide whether it "by its nature constitutes a sexual offense" against a person under 18 and, if so, state the basis on the record and in the judgment of sentence.^[26] The Tier I list has matching words: it includes any other violation, other than a Tier II or Tier III offense, that by its nature constitutes a sexual offense against a minor.^[27] See SORA tiers.

Central registry. In the Child Protection Law, a repository of names of individuals identified as perpetrators related to a central registry case in the department's statewide electronic case management system.^[28] It is a different record from the sex offender registry, which the State Police keep.^[29] See CPS investigations of sexual abuse.

Child (in the child sexually abusive material statute). A person who is less than 18 years of age. The age line in MCL 750.145c is therefore higher than the age line of 16 in the CSC statutes.^[30][13] See Child sexually abusive material laws.

Child sexually abusive activity. A child engaging in a "listed sexual act," as MCL 750.145c defines that term.^[31] See Child sexually abusive material laws.

Child sexually abusive material. Any depiction, however made, of a child or of what "appears to include a child" engaging in a listed sexual act. The definition expressly includes electronic visual images, computer-generated images and sound recordings.^[32] See Child sexually abusive material laws.

Children's advocacy center. In the Child Protection Law, an entity accredited as a child advocacy center by the National Children's Alliance, or granted associate or developing membership status by it.^[33] See Forensic interviews of children.

Clery Act. The federal law that requires colleges participating in federal student aid to publish statistics on listed crimes, including sex offenses, for the most recent calendar year and the two preceding years.^[34] See The Title IX process.

Cobbs evaluation. A judge's statement on the record, made at a party's request, of the sentence that appears appropriate on the information then available. It comes from People v Cobbs, and the preliminary evaluation does not bind the judge.^[35] See Plea bargains in CSC cases.

Coercion (human trafficking). In the trafficking chapter, a broad term that includes threatening harm or physical restraint, schemes intended to make a person believe that refusing would result in psychological, reputational or financial harm, abusing or threatening abuse of the legal system, confiscating passports or identification, and controlling a person's access to a controlled substance.^[36] See Sex trafficking laws.

Commercial sexual activity. An act of sexual penetration or sexual contact, any conduct prohibited under MCL 750.145c, or any sexually explicit performance, for which anything of value is given or received by any person.^[37] See Sex trafficking laws.

Consecutive sentence. A sentence that begins when another ends. In Michigan sentences run concurrently unless a statute expressly authorizes consecutive sentences; the first-degree CSC statute authorizes one for any other offense arising from the same transaction.^[38][39] See Consecutive sentences in CSC cases.

Consent. Not defined in the CSC definitions section.^[40] The model jury instruction says a person consents to a sexual act by agreeing to it "freely and willingly, without being forced or coerced."^[41] Consent can be used as a defense to negate the elements of force or coercion.^[42] See Consent under the CSC law.

Corroboration. Evidence that supports a witness's account. Under MCL 750.520h the testimony of a victim need not be corroborated in a CSC prosecution.^[43] See One-witness cases and corroboration.

Counselor privilege. A confidential communication between a victim and a sexual assault or domestic violence counselor is not admissible in any civil or criminal proceeding without the victim's prior written consent, except as the Child Protection Law provides.^[44] See Counseling and medical records.

Crime against nature. The statutory name, in MCL 750.158, for sodomy and bestiality, a felony punishable by up to 15 years.^[45] The Court of Appeals has said Michigan follows the common-law definition of sodomy, which covered anal intercourse and not fellatio.^[46] See The status of Michigan's sodomy law.

Crime victim assessment. An amount ordered on conviction: $130 for a felony and $75 for a misdemeanor, with one assessment per case.^[47] See the penalties chart.

Criminal sexual conduct (CSC). The name Michigan law gives to the crime commonly called rape or sexual assault. The act contains six offenses: CSC in the first, second, third and fourth degree and two forms of assault with intent to commit CSC.^[1][2] See Michigan criminal sexual conduct law.

Custodial interrogation. Questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of freedom of action in any significant way.^[48] In Michigan, when a law enforcement official interrogates a person in custodial detention about a "major felony," a term that expressly includes third-degree CSC, the entire interrogation must be audiovisually recorded.^[49] See When a detective calls.

D to F

Deep fake. A video, image or recording that is not an original or unmodified one, is so realistic that a reasonable person would believe it depicts the speech or conduct of the person shown, and depended substantially on technical means rather than on another person's ability to impersonate.^[50] See Deepfake intimate images.

Delayed disclosure. A term for a sex-abuse victim, including a child, not immediately telling others; Michigan courts have allowed qualified witnesses to explain it to a jury.^[51] See Delayed reporting of sexual assault.

Deliberate indifference. The Title IX standard for a school's response: a school with actual knowledge of sexual harassment must respond promptly in a manner that is not clearly unreasonable in light of the known circumstances.^[52] See The Title IX process.

Designated case. A juvenile case in which the juvenile is to be tried in the family division in the same manner as an adult. For a specified juvenile violation the prosecuting attorney may make the designation.^[53] See Juvenile sex offense cases.

Diminished capacity. Evidence of mental illness or intellectual disability, short of legal insanity, offered on the intent element of a specific-intent crime. People v Carpenter (2001) had abolished the defense; the Michigan Supreme Court overruled Carpenter in People v Madison on July 31, 2026.^[54][55] A defendant who intends to offer such expert evidence must give written notice not less than 30 days before trial, or at another time the court directs.^[56] See Defenses to sex crime charges.

Discovery. The exchange of information before trial. On request in a felony case the prosecutor must provide, among other things, exculpatory information, police reports and interrogation records; since July 31, 2026 that list is MCR 6.201(C).^[57][58] See Discovery in the sister guide.

Disseminate. In the nonconsensual image statute, to post, distribute or publish on a computer device, computer network, website, or other electronic device or medium of communication.^[59] See Nonconsensual intimate images.

DNA sample. A person arrested for committing or attempting a felony must provide one, as must a person convicted of a felony, and the court orders a $60 DNA assessment on conviction.^[60] See DNA evidence in sex-crime cases.

Double jeopardy. The constitutional protection against a second prosecution for the same offense after acquittal, a second prosecution after conviction, and multiple punishments for the same offense.^[61] See Defenses to sex crime charges.

Eavesdropping. Overhearing, recording, amplifying or transmitting any part of the private discourse of others without the permission of all persons engaged in it. Doing so with a device is a felony punishable by up to 2 years.^[62][63] See Pretext phone calls and recorded conversations.

Elliott-Larsen Civil Rights Act (ELCRA). Michigan's civil rights statute, which treats sexual harassment as a form of sex discrimination and covers employers with 1 or more employees.^[7][64] See Workplace sexual harassment law.

Emergency removal. A school's removal of a respondent before a Title IX process ends. It is allowed only after an individualized safety and risk analysis finds an immediate threat to someone's physical health or safety, and the respondent must get notice and a chance to challenge the decision immediately afterward.^[65] See Title IX and criminal charges at the same time.

Entrapment. A defense based on police conduct. A defendant is entrapped if police engaged in impermissible conduct that would induce a law-abiding person to commit a crime in similar circumstances, or in conduct so reprehensible that it cannot be tolerated.^[66] In People v Jade (July 31, 2026) the Michigan Supreme Court said that a court must consider the defendant's readiness and willingness to commit the charged crime, although that is not a separate element.^[67] The trial judge, not the jury, decides entrapment, and the defendant has the burden of proving it by a preponderance of the evidence.^[68] See The entrapment defense.

Erotic nudity. In the child sexually abusive material statute, the lascivious exhibition of the genital, pubic or rectal area of any person.^[69] See Child sexually abusive material laws.

Ex post facto law. A law that imposes punishment retroactively, which both constitutions forbid. In People v Betts the Michigan Supreme Court held that the 2011 registry act, applied to people whose criminal acts predated the 2011 amendments, violates that prohibition.^[70] See The SORA court rulings.

Excited utterance. A hearsay exception for a statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.^[71] See Hearsay and confrontation in the sister guide.

Force or coercion. A circumstance in several CSC provisions. The statute lists five forms: actual physical force or violence, a threat of present force, a threat of future retaliation, medical treatment or examination done in a manner recognized as unethical or unacceptable, and overcoming the victim through concealment or surprise.^[72] The list is not exhaustive.^[73] See Force or coercion under Michigan CSC law.

Forensic interview. A structured interview of a child conducted under the State of Michigan Forensic Interviewing Protocol. Under the protocol, interviewers test alternative explanations for what the child said and for how the allegation arose.^[74][75] See Forensic interviews of children.

Fourth-degree criminal sexual conduct. The lowest degree: sexual contact under one of the listed circumstances. It is labeled a misdemeanor but is punishable by up to 2 years, a fine of up to $500, or both, which places it within the Code of Criminal Procedure's definition of a felony.^[76][77] See Fourth-degree CSC.

G to L

General intent. The mental state for first- through fourth-degree CSC: the prosecutor need only show intent to do the physical act.^[78] By statute it is not a defense to any crime that the defendant was under the influence of voluntarily and knowingly consumed alcohol or drugs; the one statutory exception is an affirmative defense, limited to specific-intent crimes, about a legally obtained and properly used medication.^[79] See Intoxication of the accused.

Gross indecency. A felony under three statutes, written by the sex of the participants, punishable by up to 5 years or a fine of up to $2,500.^[80] The Court of Appeals has held that an act is committed in a public place when an unsuspecting member of the public, in a place the public is generally invited or allowed to be, could have been exposed to it.^[81] See Gross indecency.

Harmful to minors. The test in the statute on disseminating sexually explicit matter to a minor: matter that, considered as a whole, appeals to the prurient interest of minors, is patently offensive to local adult standards of what is suitable for minors, and lacks serious literary, artistic, political, educational and scientific value for minors.^[82] See Disseminating sexually explicit matter to minors.

Holmes Youthful Trainee Act (HYTA). The statute under which a court may assign a young person to youthful trainee status. Since October 1, 2021 it covers offenses committed from the 18th birthday to before the 26th.^[83] It 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.^[84] See HYTA and sex offenses.

Hostile environment. One of the two types of sexual harassment claim Michigan recognizes. The plaintiff must prove, among other elements, unwelcome sexual conduct or communication, a sexually hostile work environment, and that the employer was legally responsible.^[85][86] See Workplace sexual harassment law.

Human trafficking. In Michigan's Penal Code, knowingly recruiting, enticing, harboring, transporting, providing or obtaining an individual for forced labor or services or for debt bondage; and, regardless of whether the person knows the minor's age, recruiting, enticing, harboring, transporting, providing or obtaining a minor by any means for commercial sexual activity or for forced labor or services.^[87][88] See Sex trafficking laws.

In camera. In the judge's chambers or otherwise in private. If a defendant shows a good-faith belief, grounded in articulable fact, that there is a reasonable probability that privileged records are likely to contain material information necessary to the defense, the trial court must inspect the records in camera.^[89] Under the rape-shield procedure, the court must order an in camera hearing only if the defendant's offer of proof is sufficient and the constitutional right of confrontation is implicated.^[90] That hearing is on the record but outside the presence of the jury and the public.^[91] See Counseling and medical records.

Indecent exposure. Knowingly making any open or indecent exposure of one's person or of the person of another. The basic offense is a misdemeanor punishable by up to 1 year, a fine of up to $1,000, or both.^[92][93] See Indecent exposure.

Indeterminate sentence. A prison sentence stated as a minimum and a maximum. For a first felony conviction the court fixes the minimum term, and the maximum penalty provided by law is the maximum sentence.^[94] See Prison, parole and treatment.

Intimate parts. A defined term that includes the primary genital area, groin, inner thigh, buttock, or breast of a human being.^[95] See Sexual penetration vs. sexual contact.

Lesser included offense. A lower offense a jury may convict of in place of the one charged. A judge or jury may do so only if the lower offense is necessarily included in the charged offense, not if it is merely a related ("cognate") offense.^[96] See What happens at a CSC trial.

Lifetime electronic monitoring. Tracking of a person's movement and location by electronic means from release on parole or from prison until death.^[97] The first-degree CSC statute directs the court to impose it in addition to a sentence under MCL 750.520b(2)(a) or (b).^[98] Its constitutionality has not been decided by the Michigan Supreme Court, which denied leave to appeal on those challenges in People v Kardasz (December 19, 2025); the Court of Appeals rejected such challenges in a second-degree CSC case, People v Hallak (2015).^[99][100] See Lifetime electronic monitoring.

Listed offense. Under the Sex Offenders Registration Act, a Tier I, Tier II or Tier III offense.^[5] See SORA tiers.

Live hearing. The hearing a college or university must provide in a Title IX grievance process, at which each party's advisor, never the party personally, may cross-examine the other party and witnesses.^[101] See The Title IX process.

M to O

Mandated reporter. A professional listed in the Child Protection Law, such as a physician, nurse, psychologist, teacher, law enforcement officer or member of the clergy, who has reasonable cause to suspect child abuse and must make an immediate report and file a written report within 72 hours of an oral report.^[102] See Mandated reporters of child abuse.

Mandatory minimum. A minimum sentence set by statute. Where a statute mandates one, the court must impose it, and doing so is not a departure from the sentencing guidelines.^[103] The best-known example is the minimum of not less than 25 years for first-degree CSC by a person 17 or older against a person under 13.^[104] See Mandatory minimum sentences for CSC.

Medical forensic examination. The examination, including the administration of a sexual assault evidence kit, that attending hospital personnel must immediately tell a person is available when the person alleges having been the victim of criminal sexual conduct within the preceding 120 hours. It is performed only with the person's consent.^[105] See The sexual assault forensic exam.

Mental anguish. One form of "personal injury." It means extreme or excruciating pain, distress or suffering of the mind, and the prosecutor must present evidence of it.^[106] See First-degree CSC.

Mentally incapable. Suffering from a mental disease or defect that renders a person temporarily or permanently incapable of appraising the nature of his or her conduct.^[107] See Incapacitation, intoxication and consent.

Mentally incapacitated. Rendered temporarily incapable of appraising or controlling one's conduct due to the influence of a narcotic, anesthetic, alcohol, or other substance, or due to any act committed upon the person without consent.^[108] The definition was broadened effective October 10, 2023.^[109] See Incapacitation, intoxication and consent.

Miranda warnings. The warnings given before custodial questioning: the right to remain silent, that anything said can be used in court, the right to the presence of an attorney, and that an attorney will be appointed if the person cannot afford one and wants one.^[110] See How sex-crime investigations work.

Mistake of age. A claimed defense that the accused reasonably believed the other person was old enough. As the benchbook states the rule from People v Cash (Michigan Supreme Court, 1984), Michigan does not recognize a reasonable-mistake-of-age defense in cases of statutory rape; the complainant in Cash was 15.^[111] The Court said the actual, and not the apparent, age of the complainant governs in statutory rape offenses.^[112] The benchbook section does not discuss a mistake about age under the provisions for students aged 16 or 17.^[113] See Mistake of age is not a defense.

No contest plea. Also called a nolo contendere plea. It is not admissible against the defendant in a later civil or criminal case, except in a civil proceeding to defend against a claim asserted by the person who entered the plea.^[114] See Criminal case vs. civil case.

Non-public registry. The State Police keep a law-enforcement database of all registrations and a separate public internet website.^[29] A person registered solely for a single Tier I offense is kept off the public website, with listed exceptions.^[115] See The public and non-public registry.

Other-acts evidence. Evidence that the defendant did something other than the charged act. The general rule bars using it to prove character, but when a defendant is accused of a listed offense against a minor, MCL 768.27a makes evidence of another listed offense against a minor admissible for its bearing on any matter to which it is relevant.^[116][117] See Other-acts evidence under MCL 768.27a.

P

Pandering. The common name for the conduct listed in MCL 750.455, which includes inducing, persuading, encouraging, inveigling or enticing a person to become a prostitute. It is a felony punishable by up to 20 years.^[118] See Pandering and commercial sex felonies.

Parole. Release from prison under supervision before the maximum sentence ends. A person imprisoned on a term of years for a CSC offense committed on or after December 15, 1998 is a "prisoner subject to disciplinary time" and comes under the parole board's jurisdiction when a period equal to the minimum sentence imposed by the court has been served, under MCL 791.234(2).^[119] See Prison, parole and treatment.

Personal injury. A defined term in the CSC statutes: bodily injury, disfigurement, mental anguish, chronic pain, pregnancy, disease, or loss or impairment of a sexual or reproductive organ.^[120] See First-degree CSC.

Personal protection order (PPO). An injunctive order issued by the family division of circuit court. A person subjected to, threatened with, or placed in reasonable apprehension of sexual assault may petition for one whether or not the respondent has been charged or convicted.^[121][122] See The sexual assault PPO.

Petition to discontinue registration. The court filing by which a registrant asks to be removed from the registry; the petition statute is the sole means of obtaining judicial review of registration requirements, apart from an appeal.^[123] A petition may not be filed if an earlier one was denied after a hearing.^[123] See Petitioning for removal from the registry.

Physically helpless. Unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act.^[124] See Incapacitation, intoxication and consent.

Polygraph. A lie detector test. A person alleged to have committed CSC has a statutory right to one on request, but testimony about a defendant's polygraph examination is not admissible in a criminal prosecution.^[125][126] See Polygraph tests in CSC cases.

Position of authority. A circumstance in several CSC provisions that the statute does not define; the jury decides whether the defendant was in one.^[127] Courts have found coercion through a position of authority where a high school teacher touched students at school and where a counselor exploited the counseling relationship.^[128] See Position of authority and CSC.

Preliminary examination. A district court hearing in a felony case, set for 5 to 7 days after the probable cause conference, at which the magistrate decides whether there is probable cause to send the case to circuit court.^[129][24] See The preliminary examination in CSC cases.

Preponderance of the evidence. The civil standard: the evidence must persuade the fact-finder that a proposition is more likely than not true.^[130] It is also one of the two standards a school may choose for its Title IX process.^[131] See Criminal case vs. civil case.

Presumption of innocence. The rule, stated in an instruction that must be given in every case, that the accused is presumed innocent, that the presumption continues throughout the trial, and that the defendant is not required to prove innocence or to do anything.^[132] See What happens at a CSC trial.

Probable cause conference. A district court conference in a felony case that the magistrate must set for 7 to 14 days after the arraignment.^[129] See Timeline of a felony CSC case.

Probation. A sentence served in the community under court conditions. It is not available for first- or third-degree CSC, and for a listed offense the term is not less than 5 years.^[133][134] See Probation and CSC convictions.

Q to R

Quid pro quo. "This for that": one of the two types of sexual harassment claim. The plaintiff must show that submission to unwelcome sexual conduct or communication was made a condition of employment or used as a factor in an employment decision that was a tangible employment action.^[85][135] See Workplace sexual harassment law.

Rape. A word in common use that Michigan's statutes do not use as the name of the crime; the conduct is prosecuted as criminal sexual conduct.^[1] See Is rape a crime under Michigan law?

Rape-shield statute. MCL 750.520j, which bars evidence of specific instances of the victim's sexual conduct, and opinion and reputation evidence of it, in a CSC prosecution.^[136] The two statutory exceptions are the victim's past sexual conduct with the actor and specific instances of sexual activity showing the source or origin of semen, pregnancy or disease.^[137] See The rape-shield law.

Reasonable doubt. In the model instruction, a fair, honest doubt growing out of the evidence or lack of evidence, not merely an imaginary or possible doubt; proof beyond a reasonable doubt is proof that leaves jurors firmly convinced of guilt.^[138] See What happens at a CSC trial.

Recapture. The registry provision, MCL 28.723(1)(e), that required registration by a person with an old listed-offense conviction who was later convicted of any other felony. On July 22, 2026 the Michigan Supreme Court held that imposing registration this way, as a penalty for a nonsexual offense, is cruel or unusual punishment.^[139] See The SORA court rulings.

Registrant. A person required to register under the Sex Offenders Registration Act: under the statute, a person convicted of a listed offense after October 1, 1995 who is domiciled or temporarily resides, works or is a student in Michigan.^[140] Since September 9, 2026 the current act cannot be applied to offenses committed before the 2011 amendments.^[141] See The registry explained.

Restitution. Money a sentencing court orders a defendant to pay a victim. It covers losses that are easily ascertained and measured and directly result from the crime, and it is not a substitute for civil damages.^[142] An amount paid under a restitution order is set off against a later civil recovery.^[143] See Criminal case vs. civil case.

Restricted report. In the military, a confidential disclosure of a sexual assault to a designated coordinator, advocate or health care provider that allows the person to receive treatment, legal assistance or counseling without initiating an official investigation.^[144] See Military sexual assault cases.

Romeo and Juliet law. A popular name for close-in-age rules. The CSC statutes contain no close-in-age defense to a charge.^[145] The registry statute does provide relief: a court must grant a removal petition where the act was consensual, the victim was 13 to 15, and the petitioner is not more than 4 years older.^[146] See Michigan's "Romeo and Juliet" law.

S

Same transaction. The test for a consecutive sentence in a first-degree CSC case. Offenses arise from the same transaction only if they grew out of a continuous time sequence; an ongoing course of abuse over months or years does not qualify by itself.^[147] See Consecutive sentences in CSC cases.

SANE. Sexual assault nurse examiner: as the benchbook quotes one program's description, a registered nurse specially trained to provide care to sexual assault patients, who conducts medical forensic examinations.^[148] See Statements to doctors and nurses.

Sentencing guidelines. The scoring system that recommends a range for the minimum sentence. The judge must score the guidelines and consider the range, but the range is advisory.^[149] See Sentencing guidelines for CSC.

Set aside. Michigan's term for what is popularly called expungement. A conviction for first-, second- or third-degree CSC, assault with intent to commit CSC, or a child sexually abusive material offense cannot be set aside.^[150] See Expunging a sex offense conviction.

Sex Offenders Registration Act (SORA). The Michigan statute that creates the registry. The version now in force was rewritten by 2020 PA 295, effective March 24, 2021, and court opinions refer to it as "the 2021 SORA."^[151][99] See The registry explained.

Sexual assault. Not the name of a Michigan crime.^[1] The personal protection order statute does define the term, by reference to the CSC statutes: an act, attempted act or conspiracy to commit criminal sexual conduct in any degree or assault with intent to commit it.^[152] See What is sexual misconduct under Michigan law?

Sexual assault evidence kit. A standardized set of equipment and written procedures approved by the Department of State Police, designed to be administered to an individual principally for the purpose of gathering evidence of sexual conduct.^[153] See Sexual assault kit testing deadlines.

Sexual contact. Defined to include the intentional touching of the victim's or actor's intimate parts, or of the clothing covering the immediate area of those parts, if the touching can reasonably be construed as being for sexual arousal or gratification, done for a sexual purpose, or done in a sexual manner for revenge, to inflict humiliation, or out of anger.^[154] See Sexual penetration vs. sexual contact.

Sexual extortion. The offense commonly called sextortion, MCL 750.213b, in force since April 2, 2025: intentionally and maliciously threatening to release, exhibit, create or distribute sexually explicit visual material of another person in order to compel or attempt to compel another individual to do or refrain from doing any act against that individual's will, with intent to obtain sexually explicit visual material or anything else of value.^[155] See Sextortion law.

Sexual harassment. A term with more than one legal definition. In the Elliott-Larsen Civil Rights Act it means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature under listed conditions.^[7] The federal Title IX regulations use their own three-part definition.^[8] See Is sexual harassment a crime in Michigan?

Sexual penetration. Sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body; emission of semen is not required.^[156] See Sexual penetration vs. sexual contact.

Sexually delinquent person. A person whose sexual behavior is characterized by repetitive or compulsive acts indicating a disregard of consequences or the recognized rights of others, by the use of force in attempting sex relations, or by sexual aggressions against children under 16.^[157] It is an alternate sentencing provision tied to five offenses, not a separate crime.^[158] For indecent exposure by a sexually delinquent person, the Michigan Supreme Court held on July 28, 2021 that a court may impose the ordinary statutory penalty or the term of 1 day to life, and that the sentencing guidelines do not create a further alternative.^[159] See Indecent exposure.

Sexually explicit visual material. In the nonconsensual image statute, a photograph or video that depicts nudity, erotic fondling, sexual intercourse, or sadomasochistic abuse.^[59] See Nonconsensual intimate images.

Soliciting. Under MCL 750.448, accosting, soliciting or inviting another person in a public place, or in or from a building or vehicle, to commit prostitution or another lewd or immoral act; the statute applies to a person 16 or older.^[160] See Prostitution and solicitation laws.

Specific intent. A mental state that requires an intent beyond doing the physical act. Among the CSC offenses, the two assault-with-intent offenses are specific-intent crimes.^[161] See Assault with intent to commit CSC.

Specified juvenile violation. A category of offenses that includes first-degree CSC. For a specified juvenile violation, the prosecuting attorney may authorize a complaint and warrant against a juvenile 14 or older but under 18 instead of filing a petition in the family division.^[162][163] See Juvenile sex offense cases.

Stalking. A willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the victim to feel that way.^[164] See Is sexual harassment a crime in Michigan?

Statute of limitations. The deadline for filing charges. There is none for first-degree CSC.^[165] For second- or third-degree CSC committed on or after April 2, 2025, the deadline is 15 years after the offense or the alleged victim's 42nd birthday, whichever is later.^[166] See Statute of limitations for sex crimes.

Statutory rape. A common name, not a statutory one, for the age-based CSC offenses. The benchbook uses it in stating that Michigan does not recognize a reasonable-mistake-of-age defense.^[111] See Statutory rape laws.

Student safety zone. The area 1,000 feet or less from school property. The registry act's own safety zone sections were repealed effective March 24, 2021, but a person on probation for a listed offense must still be ordered not to reside, work or loiter in one, subject to statutory exceptions.^[167][168] See Residency and school zone rules.

Supportive measures. In a Title IX matter, non-disciplinary, non-punitive individualized services offered without fee to the complainant or the respondent, such as counseling, schedule changes and mutual restrictions on contact.^[8] See The Title IX process.

Surveilling (unclothed person). The conduct prohibited by MCL 750.539j, sometimes called voyeurism: surveilling, photographing or recording an individual who is clad only in undergarments or unclad, where the individual would have a reasonable expectation of privacy, or distributing an image obtained that way.^[169] See Voyeurism and hidden camera laws.

T to Z

Tender-years exception. The hearsay exception in MRE 803A for a statement by a child under 10 describing a sexual act performed with or on the child, offered to corroborate the child's own testimony. The statement must have been spontaneous, and if the child made more than one, only the first is admissible under the rule.^[170][171] See The tender-years hearsay rule.

Tier I, Tier II, Tier III. The three registry classifications. A Tier I offender must comply for 15 years, a Tier II offender for 25 years and a Tier III offender for life.^[6] See SORA tiers and How long registration lasts.

Title IX. The federal statute providing that no person in the United States shall, on the basis of sex, be excluded from, denied the benefits of, or subjected to discrimination under any education program or activity receiving federal financial assistance.^[172] See The Title IX process.

Track-Kit. Michigan's sexual assault evidence kit tracking system, described by the state health department as free for survivors, available 24/7, and identifying each kit by a unique barcode number.^[173] See Sexual assault kit testing deadlines.

Unanimous verdict. A jury verdict in a Michigan criminal case must be unanimous.^[174] See What happens at a CSC trial.

Verification. A registrant's periodic in-person report: once a year for Tier I, twice a year for Tier II and four times a year for Tier III.^[175] See What registrants must report.

Victim. In the CSC statutes, the person alleging to have been subjected to criminal sexual conduct.^[3] See Privacy and rights of victims.

Videorecorded statement. In MCL 600.2163a, a witness's statement taken by a custodian of the videorecorded statement; it does not include a videorecorded deposition.^[176] "Witness" there means an alleged victim of a listed offense who meets the statute's age, developmental-disability or vulnerable-adult criteria.^[177] A videorecorded statement may be used in court only for limited purposes, and it cannot be introduced at the preliminary examination instead of the witness's live testimony.^[178] See Child witnesses in Michigan courts.

Vulnerable adult. In MCL 750.145m, a term that includes an individual age 18 or over who, because of age, developmental disability, mental illness or physical disability, requires supervision or personal care or lacks the personal and social skills required to live independently.^[179] See Sextortion law.

Waiver (juvenile). A family division judge's decision, on the prosecuting attorney's motion, to give up jurisdiction over a juvenile 14 or older accused of an act that would be a felony for an adult, so that the case proceeds in adult court.^[180] See Juvenile sex offense cases.

Willful violation. The mental state for every registry offense. A registrant who willfully violates the act commits a felony punishable by up to 4 years, 7 years with one prior conviction, or 10 years with two or more.^[181][182] See Failure-to-register penalties.

Window peeper. One of the categories of "disorderly person." Being a disorderly person is a misdemeanor punishable by up to 90 days, a fine of up to $500, or both.^[183] See Voyeurism and hidden camera laws.

Terms that sound alike but are not the same

• Sexual penetration and sexual contact. Penetration is the element of first- and third-degree CSC; contact is the element of second- and fourth-degree CSC.^[4]
• Mentally incapable and mentally incapacitated. The first refers to a mental disease or defect; the second to the temporary effect of a substance or of an act committed without consent.^[107][108]
• Criminal sexual conduct and sexual harassment. The first is a crime defined in the Penal Code; the second is defined in the civil rights act and in the Title IX regulations.^[1][7][8]
• Sextortion and MCL 750.145g. Sexual extortion is MCL 750.213b. MCL 750.145g is the mandatory minimum of not less than 5 years for a second or subsequent child sexually abusive material offense.^[155][184]
• The sex offender registry and the central registry. The first is kept by the State Police under the Sex Offenders Registration Act; the second is a child protective services record under the Child Protection Law.^[29][28]
• A personal protection order and a school no-contact restriction. The first is a court injunction; the second is a supportive measure provided by a school.^[121]

Penalties for the offenses named in this glossary are collected in the penalties chart.