CRIMINAL SEXUAL CONDUCT (CSC)

 

TABLE OF CONTENT
§750.520a.Criminal Sexual Conduct
§750.520b.First Degree CSC
CJI2d 20.1Criminal Sexual Conduct in the First Degree
§750.520c.Second Degree CSC
CJI2d 20.2Criminal Sexual Conduct in the Second Degree
§750.520d.Third Degree CSC
CJI2d 20.12Criminal Sexual Conduct in the Third Degree
§750.520e.Fourth Degree CSC
CJI2d 20.13Criminal Sexual Conduct in the Fourth Degree
§750.520f.Second Offense
§750.520g.Assault with Intent to Commit CSC
§750.520h.Corroboration of Victim's Testimony
§750.520i.Resistance
§750.520j.Admissibility of the Victim's Sexual Conduct
§750.520k.Suppression of Names
§750.520l.Married persons
§750.520m.DNA Testing

 

Criminal sexual conduct in the first, second, or third degree is a felony. Criminal sexual conduct in the fourth degree, which only involves forceful touching, is a misdemeanor punishable by two years. The statutes are complex and, without study, they are difficult to understand and enforce. Basically, first and third degree criminal sexual conduct involve penetration. First degree involves aggravating circumstances. Criminal sexual conduct in the second degree only involves contact with some of the aggravating circumstances present in criminal sexual conduct first degree.

§750.520a. Criminal Sexual Conduct: As used in sections 520a to 520l
  1. "Actor" means a person accused of criminal sexual conduct.
  2. "Developmental disability" means an impairment of general intellectual functioning or adaptive behavior which meets the following criteria:
    1. It originated before the person became 1 8 years of age.
    2. It has continued since its origination or can be expected to continue indefinitely.
    3. It constitutes a substantial burden to the impaired person's ability to perform in society.
    4. It is attributable to 1 or more of the following:
      1. Mental retardation, cerebral palsy, epilepsy, or autism.
      2. Any other condition of a person found to be close]-%, related to mental retardation because it produces a similar impairment or requires treatment and services similar to those required for a person who is mentally retarded.
  3. "Intimate parts" includes the primary genital area, groin, inner thigh, buttock, or breast of a human being.
  4. "Mental illness" means a substantial disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.
  5. "Mentally disabled" means that a person has a mental illness, is mentally retarded, or has a developmental disability.
  6. "Mentally incapable" means that a person suffers from a mental disease or defect which renders that person temporarily or permanently incapable of appraising the nature of his or her conduct.
  7. "Mentally incapacitated" means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or other substance administered to that person without his or her consent, or due to any other act committed upon that person without his or her consent.
  8. "Mentally retarded" means significantly subaverage general intellectual functioning which originates during the developmental period and is associated with impairment in adaptive behavior.
  9. "Physically helpless" means that a person is unconscious, asleep, or for any other reason is physically unable to communicate unwillingness to an act.
  10. "Personal injury" means bodily injury, disfigurement, mental anguish, chronic pain, pregnancy, disease, or loss or impairment of a sexual or reproductive organ.
  11. "Sexual contact" includes the intentional touching of the victim's or actor's intimate parts or the intentional touching of the clothing covering the immediate area of the victim's or actor's intimate parts, if that intentional touching can reasonably be construed as being for the purpose of sexual arousal or gratification.
  12. "Sexual penetration" means 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, but emission of semen is not required.
  13. "Victim" means the person alleging to have been subjected to criminal sexual conduct.

§750.520b. First Degree CSC:
  1. A person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration with another person and if any of the following circumstances exists:
    1. That other person is under 13 years of age.
    2. That other person is at least 13 but less than 16 years of age and any of the following:
      1. The actor is a member of the same household as the victim.
      2. The actor is related to the victim by blood or affinity to the fourth degree.
      3. The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.
    3. Sexual penetration occurs under circumstances involving the commission of any other felony.
    4. The actor is aided or abetted by 1 or more other persons and either of the following circumstances exists:
      1. The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
      2. The actor uses force or coercion to accomplish the sexual penetration. Force or coercion includes but is not limited to any of the circumstances listed in subdivision (F)(i) to (v).
    5. The actor is armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon.
    6. The actor causes personal injury to the victim and force or coercion is used to accomplish sexual penetration. Force or coercion includes but is not limited to any of the following circumstances:
      1. When the actor overcomes the victim through the actual application of physical force or physical violence.
      2. When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute these threats.
      3. When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute this threat. As used in this subdivision, "to retaliate" includes threats of physical punishment, kidnapping, or extortion.
      4. When the actor engages in the medical treatment or examination of the victim in a manner or for purposes which are medically recognized as unethical or unacceptable.
      5. When the actor, through concealment or by the element of surprise, is able to overcome the victim.
    7. The actor causes personal injury to the victim, and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
    8. That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following:
      1. The actor is related to the victim by blood or affinity to the fourth degree.
      2. The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.
  2. Criminal sexual conduct in the first degree is a felony punishable by imprisonment in the state prison for life or for any term of years.

CJI2d 20.1 Criminal Sexual Conduct in the First Degree
  1. The defendant is charged with the crime of first degree criminal sexual conduct. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
  2. First, that the defendant engaged in a sexual act that involved:
    1. entry into 's [vagina/anus] by the defendant's [penis/finger/tongue/]. Any entry, no matter how slight, is enough. It does not matter whether the sexual act was completed or whether semen was ejaculated.
    2. entry into 's mouth by the defendant's penis. Any entry, no matter how slight, is enough. It does not matter whether the sexual act was completed or whether semen was ejaculated.
    3. touching of 's [genital openings/genital organs] with the defendant's mouth or tongue.
    4. entry by [any part of one person's body/some object] into the genital or anal opening of another person's body. Any entry, no matter how slight, is enough. It is alleged in this case that a sexual act was committed by .

    It does not matter whether the sexual act was completed or whether semen was ejaculated.
    Other instructions supplement CJ12nd 20.1

§750.520c. Second Degree CSC:
  1. A person is guilty of criminal sexual conduct in the second degree if the person engages in sexual contact with another person and if any of the following circumstances exists:
    1. That other person is under 13 years of age.
    2. That other person is at least 13 but less than 16 years of age and any of the following:
      1. The actor is a member of the same household as the victim.
      2. The actor is related by blood or affinity to the fourth degree to the victim.
      3. The actor is in a position of authority over the victim and the actor used this authority to coerce the victim to submit.
    3. Sexual contact occurs under circumstances involving the commission of any other felony.
    4. The actor is aided or abetted by 1 or more other persons and either of the following circumstances exists:
      1. The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
      2. The actor uses force or coercion to accomplish the sexual contact. Force or coercion includes but is not limited to any of the circumstances listed in sections 750.520b(1)(F)(i) to (v).
    5. The actor is armed with a weapon, or any article used or fashioned in a manner to lead a person to reasonably believe it to be a weapon.
    6. The actor causes personal injury to the victim and force or coercion is used to accomplish the sexual contact. Force or coercion includes but is not limited to any of the circumstances listed in section 520b(1)(f)(i) to (v).
    7. The actor causes personal injury to the victim and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
    8. That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following:
      1. The actor is related to the victim by blood or affinity to the fourth degree.
      2. The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.
  2. Criminal sexual conduct in the second degree is a felony punishable by imprisonment for not more than 15 years.

CJI2d 20.2 Criminal Sexual Conduct in the Second Degree
  1. The defendant is charged with the crime of second degree criminal sexual conduct. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
  2. First, that the defendant intentionally [touched 's/made touch (his/her)] [genital area/groin/inner thigh/buttock/(or) breast] or the clothing covering that area.
  3. Second, that this was done for sexual purposes or could reasonably be construed as having been done for sexual purposes. Other Instructions supplement CJ12nd 20.2.

§750.520d. Third Degree CSC:
  1. A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exists:
    1. That other person is at least 13 years of age and under 16 years of age.
    2. Force or coercion is used to accomplish the sexual penetration. Force or coercion includes but is not limited to any of the circumstances listed in section 750.520b(1)(F)(i) to (v).
    3. The actor knows or has reason to know, that the victim is mentally incapable, mentally, incapacitated, or physically helpless.
  2. Criminal sexual conduct in the third decree is a felony punishable by imprisonment for not more than 15 years.

CJI2d 20.12 Criminal Sexual Conduct in the Third Degree
  1. The defendant is charged with the crime of third degree criminal sexual conduct. To prove this charge, the prosecutor must prove each of the followin2 elements beyond a reasonable doubt:
  2. First, that the defendant engaged in a sexual act that involved:
    1. entry into 's [vagina/anus] by the defendant's [penis/finger/tongue/]. Any entry, no matter how slight, is enough. It does not matter whether the sexual act was completed or whether semen was ejaculated.
    2. entry into 's mouth by the defendant's penis. Any entry, no matter how slight, is enough. It does not matter whether the sexual act was completed or whether semen was ejaculated.
    3. touching of 's [genital openings/genital organs] with the defendant's mouth or tongue.
    4. entry by [any part of one person's body/some object] into the genital or anal opening of another person's body. Any entry, no matter how slight, is enough. It is alleged in this case that a sexual act was committed by .
    It does not matter whether the sexual act was completed or whether semen was ejaculated.
    Other instructions supplement CJ12nd 20.12.

§750.520e. Fourth Degree CSC:
  1. A person is guilty of criminal sexual conduct in the fourth degree if he or she engages in sexual contact with another person and if any of the following circumstances exist:
    1. That other person is at least 13 years of age and under 16 years of age, and the actor is 5 or more years older than that other person.
    2. Force or coercion is used to accomplish the sexual contact. Force or coercion includes but is not limited to any of the following circumstances:
      1. When the actor overcomes the victim through the actual application of physical force or physical violence.
      2. When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute these threats.
      3. When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute this threat. As used in this subdivision, "to retaliate" includes threats of physical punishment, kidnapping, or extortion.
      4. When the actor engages in the medical treatment or examination of the victim in a manner or for purposes which are medically recognized as unethical or unacceptable.
      5. When the actor achieves the sexual contact through concealment or by the element of surprise.
    3. The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
    4. That other person is under the jurisdiction of the department of corrections, and the actor is an employee or a contractual employee of, or a volunteer with, the department of corrections who has knowledge that the other person is under the jurisdiction of the department of corrections.
    5. That other person is a prisoner or probationer under the jurisdiction of a county for purposes of imprisonment or a work program or other probationary program and the actor is an employee or a contractual employee of or a volunteer with the county who knows that the other person is under the county's jurisdiction.
    6. The actor knows or has reason to know that the juvenile division of the probate court, the circuit court, or the recorder's court of the city of Detroit has detained the victim in a facility while the victim is awaiting a trial or hearing, or committed the victim to a facility as a result of the victim having been found responsible for committing an act that would be a crime if committed by an adult, and the actor is an employee or contractual employee of, or a volunteer with, the facility in which the victim is detained or to which the victim was committed.
  2. Criminal sexual conduct in the fourth degree is a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $500.00, or both.

CJI2d 20.13 Criminal Sexual Conduct in the Fourth Degree
  1. The defendant is charged with the crime of fourth degree criminal sexual conduct. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
  2. First, that the defendant intentionally [touched 's/made touch (his/her)] [genital area/groin/inner thigh/buttock/(or) breast] or the clothing covering that area.
  3. Second, that this touching was done for sexual purposes or could reasonably be construed as having been done for sexual purposes. Other instructions supplement this CJ12nd 20.13.

§750.520f. Second Offense:
  1. If a person is convicted of a second or subsequent offense under section 750.520b, 750.520c, or 750.520d, the sentence imposed under those sections for the second or subsequent offense shall provide for a mandatory minimum sentence of at least 5 years.
  2. For purposes of this section, an offense is considered a second or subsequent offense if, prior to conviction of the second or subsequent offense, the actor has at any time been convicted under section 520b, 520c, or 520d or under any similar statute of the United States or any state for a criminal sexual offense including rape, carnal knowledge, indecent liberties, gross indecency, or an attempt to commit such an offense.

§750.520g. Assault with Intent to Commit CSC:
  1. Assault with intent to commit criminal sexual conduct involving sexual penetration shall be a felony punishable by imprisonment for not more than 10 years.
  2. Assault with intent to commit criminal sexual conduct in the second degree is a felony punishable by imprisonment for not more than 5 years.

§750.520h. Corroboration of Victim's Testimony: The testimony of a victim need not be corroborated in prosecutions under sections 750.520b to 750.5209.


§750.520i. Resistance: A victim need not resist the actor in prosecution under sections 750.520b to 750.520g.


§750.520j. Admissibility of the Victim's Sexual Conduct:
  1. Evidence of specific instances of the victim's sexual conduct, opinion evidence of the victim's sexual conduct, and reputation evidence of the victim's sexual conduct shall not be admitted under sections 750.520b to 750.520g unless and only to the extent that the judge finds that the following proposed evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value:
    1. Evidence of the victim's past sexual conduct with the actor.
    2. Evidence of specific instances of sexual activity showing the source or origin of semen, pregnancy, or disease.
  2. If the defendant proposes to offer evidence described in subsection (1)(A) or (B), the defendant within 10 days after the arraignment on the information shall file a written motion and offer of proof. The court may order an in camera hearing to determine whether the proposed evidence is admissible under subsection (1). If new information is discovered during the course of the trial that may make the evidence described in subsection (1)(A) or (B) admissible, the judge may order an in camera hearing to determine whether the proposed evidence is admissible under subsection (1).

§750.520k. Suppression of Names: Upon the request of the counsel of the victim or actor in a prosecution under sections 750.520b to 750.520g the magistrate before whom any person is brought on a charge of having committed an offense under sections 750-520b to 750.520g shall order that the names of the victim and actor and details of the alleged offense be suppressed until such time as the actor is arraigned on the information, the charge is dismissed, or the case is otherwise concluded, whichever occurs first.


§750.520l. Married persons: A person may be charged and convicted under sections 750.520b to 750.520g even though the victim is his or her legal spouse. However, a person may not be charged or convicted solely because his or her legal spouse is under the age of 16, mentally incapable, or mentally incapacitated.


§750.520m. DNA Testing:
  1. A person convicted of a violation or an attempted violation of Section 750.520b, 750.520c, 750.520d, 750.520e, or 750.520g shall provide samples of his or her blood for chemical testing for DNA identification profiling or a determination of the blood's genetic markers and shall provide samples of his or her saliva for chemical testing for a determination of the secretor status of the saliva. However, if at the time the person is convicted the investigating law enforcement agency or the department of state police already has a sample of the person's blood or saliva that meets the requirements of the rules promulgated under the DNA identification profiling system act, Act No. 250 of the Public Acts of 1990, being sections 28.171 to 28.176 of the Michigan Compiled Laws, the person is not required to provide another sample of the same body fluid.
  2. The investigating law enforcement agency shall provide for the taking of the samples required to be provided under subsection (1) in a medically approved manner by qualified persons using blood specimen vials and other supplies provided by the department of state police, and shall forward those samples and any samples described in subsection (1) that were already in the agency's possession to the department of state police. The taking and forwarding of blood and saliva samples shall be done in the manner required under the rules promulgated pursuant to the DNA identification profiling system act, Act No. 250 of the Public Acts of 1990.
  3. An investigating law enforcement agency, prosecuting agency, or court that has in its possession a DNA identification profile obtained from a sample of the blood, saliva, or tissue of a person convicted of an offense described in subsection (1) shall forward the DNA identification profile to the department of state police at or before the time' of sentencing of the person upon that conviction unless the department of state police already has a DNA identification profile of the person.
  4. As used in this section:
    1. "DNA identification profile" and "DNA identification profiling" mean those terms as defined in section 2 of the DNA identification profiling system act, Act No. 250 of the Public Acts of 1990, being section 28.172 of the Michigan Compiled Laws.
    2. "Investigating law enforcement agency" means the law enforcement agency responsible for the investigation of the offense for which the person is convicted.
Source: Michigan Criminal Law and Police Procedure, 4th Edition (1995)