What is Criminal Sexual Conduct 2nd Degree in Michigan?

Second Degree Criminal Sexual Conduct Michigan

In Michigan, 2nd Degree Criminal Sexual Conduct (CSC) includes any “sexual contact” with a person under 13.

MCL 750.520c

Being accused of Second Degree Criminal Sexual Conduct in Michigan is an extremely serious and life altering event.  A conviction for CSC 2 in Michigan means a very high chance of going to State Prison for up to 15 years, and even more if you’re being charged as an Habitual Offender.  Criminal Sexual Conduct 2nd Degree is among the most serious of all criminal charges in Michigan.  You may also be subject to being on a tether for the rest of your life.  Lifetime tether (“electronic monitoring”) is mandatory if Second Degree CSC is committed by someone “17 years of age or older against an individual less than 13 years of age.”

If convicted of Second Degree CSC, you will be forced to register as a sex offender on the public Michigan Sex Offender Registry for LIFETIME or 25 years.  Registration as a sex offender begins immediately after conviction at the presentence interview with the Michigan Department of Corrections, but the 25 year clock doesn’t begin until after your release from Jail or Prison.

DO NOT SPEAK WITH THE POLICE!  Only talk to a Attorney who is experienced in defense of Criminal Sexual Conduct, and make the call right away.  Michigan Criminal Sexual Conduct Attorney Brian J. Prain can help guide you through these critical decisions early on that will determine the path the rest of your life takes.  Police are allowed to lie to you about how they can “help” you if you talk.  Even if you believe you’re helping yourself, you’re not.  These laws are designed so you can ONLY hurt yourself.   

RELATED: I’m accused of CSC 2nd Degree.  Should I take a Polygraph?
RELATED: Click here for answers to Frequently Asked Questions about Criminal Sexual Conduct.

What is the definition of CSC Second Degree in Michigan?

PrainLaw, PLLC is a Criminal Defense firm concentrating specifically on defending those facing charges involving Assault, including Criminal Sexual Conduct in the Second Degree (also referred to as “CSC 2,” “CSC Second Degree,” “Second Degree Criminal Sexual Conduct,” “Second Degree CSC,” and other similar names for short). 

The Michigan CSC Second Degree law, MCL 750.520c, states:

“(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:

(a) That other person is under 13 years of age.

(b) That other person is at least 13 but less than 16 years of age and any of the following:

(i) The actor is a member of the same household as the victim.

(ii) The actor is related by blood or affinity to the fourth degree to the victim.

(iii) The actor is in a position of authority over the victim and the actor used this authority to coerce the victim to submit.

(iv) The actor is a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled.

(v) The actor is an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.

(vi) The actor is an employee, contractual service provider, or volunteer of a child care organization, or a person licensed to operate a foster family home or a foster family group home in which that other person is a resident and the sexual contact occurs during the period of that other person’s residency. As used in this subdivision, “child care organization”, “foster family home”, and “foster family group home” mean those terms as defined in section 1 of 1973 PA 116, MCL 722.111.

(c) Sexual contact occurs under circumstances involving the commission of any other felony.

(d) The actor is aided or abetted by 1 or more other persons and either of the following circumstances exists:

(i) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.

(ii) 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 section 520b(1)(f).

(e) 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.

(f) 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).

(g) 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.

(h) That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following:

(i) The actor is related to the victim by blood or affinity to the fourth degree.

(ii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.

(i) 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 knows that the other person is under the jurisdiction of the department of corrections.

(j) 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, a private vendor that operates a youth correctional facility under section 20g of the corrections code of 1953, 1953 PA 232, MCL 791.220g, who knows that the other person is under the jurisdiction of the department of corrections.

(k) 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 or the department of corrections who knows that the other person is under the county’s jurisdiction.

(l) The actor knows or has reason to know that a court 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 second degree is a felony punishable as follows:

(a) By imprisonment for not more than 15 years.

(b) In addition to the penalty specified in subdivision (a), the court shall sentence the defendant to lifetime electronic monitoring under section 520n if the violation involved sexual contact committed by an individual 17 years of age or older against an individual less than 13 years of age.

RELATED: click here for the definition of “Personal Injury” in the Michigan CSC laws.
RELATED: click here for the definition of “Mentally Incapable, Mentally Disabled, Mentally Incapacitated, or Physically Helpless” in the Michigan CSC laws.

Definition of “Sexual Contact” in Michigan 2nd Degree Criminal Sexual Conduct cases

In Michigan, “Sexual Contact” means an intentional touching “done for sexual purposes or could reasonably be construed as having been done for sexual purposes” to any of the following areas of another person’s body:

The definition of “Sexual Contact” in Michigan Second Degree Criminal Sexual Conduct also includes making the other person touch any of these parts on your body.

RELATED: What is a “Rape Kit”?  Will they do a Rape Kit in my CSC case?

Definition of “Force or Coercion” in Michigan 2nd Degree Criminal Sexual Conduct cases

In Michigan, “Force or Coercion” includes (but is not limited to):

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 that 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.

RELATED: Can I raise consent as a defense to a Michigan CSC charge?  
RELATED: How can I be charged with Second Degree CSC when my accuser keeps changing their story?

A Second Degree Criminal Sexual Conduct conviction means registration as a Sex Offender for either LIFETIME or 25 years – the Michigan Sex Offenders Registration Act…

Second Degree Criminal Sexual Conduct in Michigan under MCL 750.520c is a Tier 2 or Tier 3 offense.  Those convicted of CSC 2 must register for LIFETIME if the alleged victim is under age 13, or 25 years if the alleged victim is 13 or older, on the public Michigan Sex Offender Registry (click here to see the online Registry). For Criminal Sexual Conduct 2nd Degree, there is no ability to petition for early removal from the Registry (“Petition to Discontinue Sex Offender Registration”).

Registration on the Sex Offender Registry begins within days of your conviction, when you sign the necessary documents at your Presentence Investigation Interview.  However, the 25 year or LIFETIME clock (depending on the above) doesn’t start ticking until after release from Jail or Prison.  While you’re on on the Sex Offender Registry, any person with internet access can visit the Michigan State Police site and find out that you are a convicted sex offender.  As a convicted, registered sex offender, you will be prohibited from residing, working, or loitering within 1000 feet from any school property, known as a “Student Safety Zone” (with exceptions for students living with parents);

Twice each year, you would be required to “report.”  You would have to notify the proper law enforcement agency immediately if you do any of the following:

Failing to report and comply with the Sex Offenders Registry Act is a serious crime in itself.  In-fact, there are several such crimes.  Avoiding the Michigan Sex Offender Registry is one of the best reasons for aggressively fighting Michigan CSC 2 charges.  

RELATED: Click here to learn about child forensic interviews in Criminal Sexual Conduct cases at places like CARE House of Macomb County and Kids Talk of Wayne County.

Required DNA, HIV/AIDS, and STD testing for Second Degree Degree Criminal Sexual Conduct (CSC 2)

Anyone facing a Second Degree Criminal Sexual Conduct charge in Michigan will be forced to undergo sampling and testing.  DNA will be taken upon arrest, and when any crime is alleged anywhere, your DNA will already be in the database for comparison as a possible suspect. While you are booked into custody at the Police Department, Police will take a “buccal swab,” a Q-tip swab on the inside of your cheek that collects saliva containing skin cells.  It will then be sent to the Michigan State Police Forensic Crime Lab in Northville, Michigan, where a lab technician will extract your DNA from specific “loci” on your DNA strand and prepare a profile that is sent to the FBI along with your fingerprints, where it will be indefinitely stored in the Combined DNA Index System (“CODIS”).  When any type of biological sample is collected in any criminal investigation across the United States, it will be compared to your DNA, every time.   The This puts you at risk of a false accusation, planting evidence, and ultimately a wrongful conviction in the future.  Michigan’s law on DNA profiling, CSC in Michigan – New DNA Law, was expanded in 2015.  

Click here to learn more about Michigan’s tougher new DNA profiling law.

At the Preliminary Exam, if your 2nd Degree Criminal Sexual Conduct charges are bound over to the Circuit Court, the District Court will enter an Order requiring you to submit to HIV/AIDS and STD testing if there is reason to believe the alleged act involved sexual penetration or exposure to bodily fluids.

RELATED: Can DNA evidence be used against me for CSC 2 charges since CSC 2 only involves touching?

Can I get Holmes Youthful Trainee Act (“HYTA”) for Second Degree Criminal Sexual Conduct?

No, you cannot get HYTA for Criminal Sexual Conduct 2nd Degree (or Attempt or Conspiracy to commit CSC 2).  

The Michigan Holmes Youthful Trainee Act, MCL 762.11, normally allows a young person between age 17 and 24 at the time of the offense to plead guilty without having a conviction on their record.  But because of the seriousness of CSC 2, the Act specifically says it does not apply.  If you are convicted as charged, you’ll have a permanent public conviction on your record.  A Criminal Sexual Conduct 2nd Degree case MUST be fought aggressively by an Attorney.

However, this does not mean your Attorney should not be fighting for Holmes Youthful Trainee Act anyway.  Just because HYTA is not available for CSC 2, that doesn’t mean a person charged with Second Degree Criminal Sexual Conduct in Michigan can never end up receiving HYTA.  If you were between the ages of 17 and 24 at the time of the alleged CSC 2 offense and want to avoid a permanent conviction, you’ll need to either: a) contest the charge at trial and be found NOT GUILTY; or b) plead to a lesser charge for which HYTA is allowed.  It is up to the Judge’s whether to grant HYTA status, but is up to the Prosecution whether to offer a plea to a lesser charge that allows HYTA.  Most importantly, those who receive HYTA will not have to register as a sex offender.  

What is the Sentence for Second Degree Criminal Sexual Conduct (CSC 2)?  Will I go to Jail or Prison for Second Degree CSC in Michigan?

The Michigan 2nd Degree CSC law makes it punishable by “imprisonment for not more than 15 years.”  The maximum penalty is increased up to LIFE if you are charged as an Habitual Offender.  

If you are convicted of Second Degree Criminal Sexual Conduct under MCL 750.520c, there unfortunately is a high likelihood of Prison.  If you are convicted, your actual Sentence will be calculated according to the Michigan Sentencing Guidelines, which factor in your criminal history and the circumstances of this new CSC 2 case.  

RELATED: How can I be charged with Second Degree CSC based on just an accusation with no other evidence?

Rather than focusing on how much Jail or Prison time you could get, it is far more productive to focus on aggressively fighting Criminal Sexual Conduct 2nd Degree charges by hiring the right  Criminal Sexual Conduct Defense Lawyer.

At PrainLaw, PLLC, we concentrate on defending those accused of Assaultive crimes, including Second Degree Criminal Sexual Conduct under MCL 750.520c.  Get real answers NOW from a Michigan CSC Defense Attorney! Call us anytime at (248) 763-0641 or (844) CRIM-HELP.

Need answers but unable to speak on the phone? Use our secure email Contact Form, here: