Criminal Sexual Conduct Third Degree - Multiple Variables Explained

Criminal Sexual Conduct Third Degree charges in Michigan are punishable by up to 15 years in Prison, Sex Offender Registration, and other penalties. The general category of Michigan Sex Crimes is broad, and it includes the four main "degrees" of Criminal Sexual Conduct (CSC): First Degree CSC, Second Degree CSC, Third Degree CSC, and Fourth Degree CSC.

We often hear that each of the degrees of CSC in Michigan have "multiple variables," which is just a fancy way of saying that that for each degree, there are multiple situations that can cause a person to be guilty of that crime. Third Degree Criminal Sexual Conduct in Michigan involves an act of "sexual penetration" (which can even include oral sex, believe it or not) in conjunction with some other unique fact, or "multiple variable" that makes it illegal.

RELATED: Click here for our Third Degree Criminal Sexual Conduct Main Page.

If you read the Michigan Third Degree Criminal Sexual Conduct law MCL 750.520d, you'll see a list of those "multiple variables" in paragraphs 1(a) - (g). However, the legal language can be a bit difficult to read and understand, so here are the Michigan Third Degree Criminal Sexual Conduct multiple variables stated in plain English - in other words, any act of sexual penetration is a crime if one or more of the following are also true:

  • You engage in any sexual penetration with a person who is at least age 13 but under 16 (under 13 would be First Degree CSC, and 16 and older is legal in terms of age). This is referred to in Court paperwork as "Criminal Sexual Conduct - Third Degree (Person 13-16)."
  • You use force or coercion is used to accomplish sexual penetration, regardless of age.
  • You engage in sexual penetration with a person you know or have reason to know is mentally incapable, mentally incapacitated, or physically helpless, regardless of age. This is your typical case of "date rape" or cases involving extreme drug or alcohol intoxication of the alleged victim.
  • You engage in sexual penetration with someone who you are closely related to (commonly called "incest"). This multiple variable is complicated, and we recommend you read our article on "related by blood or affinity" for more details.
  • You engage in sexual penetration with a student over age 16 but less than 18 and one of the following things is also true:
    • You are a teacher or administrator at their school or school district.
    • You work or volunteer at their school or school district, or you work for the government providing a service to their school or school district, and you use your position to gain access to or establish a relationship with the student (as with some of the other variables, there is more to this, but this is the basic gist of this multiple variable).
  • You engage in sexual penetration with a person over age 16s but less than 26 who receives special education and one of the following things is also true:
    • You are a teacher, administrator, or you work at their school or school district.
    • You volunteer or work for the government providing providing a service to their school or school district, and you use your position to gain access to or establish a relationship with the student.
    • You work or volunteer at a child care organization and the penetration occurs while they are a resident there.
    • You are licensed to operate a foster home or group home, and the penetration occurs while they are a resident there.
If you or someone you know has been charged with Criminal Sexual Conduct in Michigan, contact Prain Law, PLLC immediately. Founding attorney Brian J. Prain is an experienced Michigan Criminal Sexual Conduct Attorney who is dedicated to winning every case. In addition to being named in DBusiness Magazine's Top Lawyers, 2019, Brian has countless awards and accommodations, including being named one of the 21 Best Criminal Defense Attorneys in Detroit by Expertise.com, featured in Super Lawyers and Hour Detroit Magazine, and one of the Top 10 Criminal Defense Attorneys in Michigan by the National Academy of Criminal Defense Attorneys.
You can contact Prain Law anytime day or night at (248) 731-4543. Need answers but unable to talk over the phone, use our confidential e-mail Contact Form for quick answers.

Categories:

Contact Prain Law, PLLC

Schedule a Free & Confidential Consultation
  • Please enter your name.
  • This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.