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What is Assault With Intent to Commit Sexual Penetration in Michigan?

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Assault With Intent to Commit Sexual Penetration charges in Michigan are very serious felony charges. This criminal charge is also referred to by the longer name Assault With Intent to Commit Criminal Sexual Conduct Involving Sexual Penetration. The two are used interchangeably.

CLICK HERE to read about Criminal Defense Attorney Brian J. Prain's latest NOT GUILTY jury verdict in a case of Assault With Intent to Commit Sexual Penetration.

If convicted of Assault With Intent to Commit Sexual Penetration you may go to State Prison for up to 10 years or more if you've previously been convicted of any other felony. You'll also have to register as a sex offender.

This crime is often referred to as "Attempted Rape," With a trusted Detroit sex crimes lawyer on your side, one who knows how to try a case and has a stellar record of winning, it is possible to walk away free with a NOT GUILTY verdict or an excellent plea bargain to AVOID JAIL and AVOID SEX OFFENDER REGISTRATION.

DO NOT GIVE A STATEMENT TO POLICE! Instead, it is a must you call a Detroit sex crimes attorney immediately. Consider this: if you are accused of Assault With Intent to Commit Sexual Penetration, there is likely little to no physical or scientific evidence to back up your accuser's claim, since there is no actual penetration, otherwise, you would be charged with either First Degree Criminal Sexual Conduct ("CSC 1st Degree") or Third Degree Criminal Sexual Conduct ("CSC 3rd Degree), which are more serious. Assuming there are no other eyewitnesses, the only evidence the Police are likely to have is your accuser's word alone. In other words, their case is "he did it." If you were to deny it, their case would be 50/50 at best - "he said she said."

If you are a Police Detective, and your entire case is "he did it," you want the accused to come to the Police Department and into the interrogation room, terrified to the point he can't think straight. You're going to tell him "this could get really ugly, or it could end right here. We just need your side of the story and we can close out the file and everyone can put it behind them."

Even if the accused absolutely denies it, maybe he'll put himself at the scene - a missing piece of the puzzle in which law enforcement never had any independent evidence of before the accused offered it up. Even though the accused adamantly denies it, this is known as an incriminating statement. YOU HAVE A RIGHT TO REMAIN SILENT! USE IT! You cannot help yourself by speaking to the Police. It can only hurt. Don't talk to the Detective. Talk to a Detroit sex crimes attorney now.

The Prosecution will NEVER be allowed to mention you refused to speak to Police or suggest in ANY way that it means you must be guilty. Don't fall into the trap. Don't ever speak to the Police. Don't hand them your freedom and your future on a silver platter...

RELATED: I'm charged with Assault With Intent to Commit Sexual Penetration. Should I take a Polygraph?

What exactly is Assault With Intent to Commit Sexual Penetration ("Assault With Intent to Commit Criminal Sexual Conduct Involving Sexual Penetration")? What is the definition of Assault With Intent to Commit Sexual Penetration in Michigan?

The Michigan law on Assault With Intent to Commit Sexual Penetration, MCL 750.520g, states:

"(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." But that doesn't explain much of anything. To begin with, you must understand the legal definition of what an "Assault" is. And to understand the definition of Assault, you must first know what a "Battery" is. A battery is a "forceful, violent, or offensive touching of the person or something closely connected with the person of another. The touching must have been intended by the Defendant, that is, not accidental, and it must have been against the accuser’s will. It does not matter whether the touching caused an injury."

RELATED: Read a news article on Brian's most recent NOT GUILTY jury verdict on an Assault With Intent to Commit CSC Involving Sexual Penetration case...

Assault under Michigan law as defined by the Michigan Standard Jury Instruction for Assault, says an Assault is either:

"an attempt to commit a Battery on the accuser or an act that would cause a reasonable person to fear or apprehend an immediate battery; or "intending to make the accuser reasonably fear an immediate battery. An Assault cannot happen by accident. At the time, the accused must have had the ability to commit a Battery, appeared to have the ability, or thought they had the ability."

Although it can be a bit confusing, hopefully, you now have a better understanding of what an Assault is. An Assault does not involve touching. An Assault involves attempting to touch or making someone believe you are going to touch them. And in a case of Assault With Intent to Commit Sexual Penetration, the nature of the "touching" at issue is a "sexual penetration." So let's look at the definition of "sexual penetration" in Michigan CSC cases...

Definition of “Sexual Penetration” in Michigan Assault With Intent to Commit Criminal Sexual Conduct Involving Sexual Penetration cases

Under Michigan law, "Sexual Penetration" means:

1) Entry into the genital opening or anal opening by any part of the accused’s body, including their penis, finger, tongue, or some other object. 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 the mouth by the accused’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 the Complainant ’s genital openings or genital organs with the Defendant’s mouth or tongue.

You should notice that the definition of "sexual penetration" under Michigan law includes even things that we typically wouldn't think of as "penetration."

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

Definition of "Force or Coercion" in Michigan Assault With Intent to Commit Criminal Sexual Conduct Involving Sexual Penetration 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: Is consent a defense to Assault With Intent to Commit Sexual Penetration?

Sex Offender Registration - Will I have to register as a Sex Offender if I am convicted of Assault With Intent to Commit Criminal Sexual Conduct Involving Sexual Penetration?

Yes. Under the Michigan Sex Offenders Registration Act (SORA), Assault With Intent to Commit Sexual Penetration in Michigan under MCL 750.520g is a Tier 3 offense. If you are convicted of Assault With Intent to Commit Criminal Sexual Penetration, you are required to register for your ENTIRE LIFETIME on the public Michigan Sex Offender Registry (click here to see the online Registry). Don't get convicted of this crime. Find the right Criminal Defense Attorney and beat these charges!

However, there is a limited exception for those charged after July 1, 2011, where the alleged victim consented and was at least 13 years old but less than 16 years old, and where you were no more than 4 years older than the alleged victim (part of the Michigan "Romeo and Juliet" law).

If you give a plea or are convicted of Assault With Intent to Commit CSC Involving Sexual Penetration, you will be interviewed by an Officer of the Michigan Department of Corrections (most likely in-custody at the County Jail if you were convicted by Jury). You will be presented with paperwork to sign, and sex offender registration begins immediately at that time.

For the rest of your life on the Sex Offender Registry, anyone in the world with internet access can visit the Michigan State Police website and find out you are a convicted sex offender by searching either specifically for your name, or for all registered sex offenders within a certain area. Your employer's address must also be listed, and no employer wants that. This is a primary reason why it is extremely difficult to find a job once you're on the registry. As a registered sex offender, you will also be banned 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);

Four times per year, a Tier 3 offender is required to "verify." This means you must notify the proper law enforcement agency immediately if you:

  • Change your residence or domicile;
  • Change your place of employment or quit or are fired;
  • Enroll at any College or University, or discontinue enrollment;
  • Change your name;
  • Intend to temporarily reside at any place other than your residence for more than seven days;
  • Establish any E-mail or Instant Message address or any other type of account used in internet communications or postings; or
  • Purchase or begin to regularly drive any vehicle, or if you sell, transfer, or stop driving the vehicle.

Failing to register, verify, or comply with the Sex Offenders Registry Act can constitute not only a probation violation but also a completely new felony charge for Failing to Register as a Sex Offender under MCL 28.729. This separate charge can send you to Prison for up to 4 years on up to 10 years, depending on how many prior convictions you have. While it might seem easy, the requirements of sex offender registration can be confusing, and Prosecutors will charge for even technical violations. This is reason alone to aggressively defend a Michigan Assault With Intent to Commit Sexual Penetration.

Required HIV/AIDS, and STD testing for Assault With Intent to Commit Criminal Sexual Conduct Involving Sexual Penetration

Anyone facing an Assault With Intent to Commit Criminal Sexual Conduct Involving Sexual Penetration charge may be court ordered to undergo mandatory HIV, AIDS, and STD testing. Under MCL 333.5129, you may be ordered to test so if there is any reason to believe the act involved sexual penetration or exposure to a bodily fluid (in which case, you'd probably be charged with 1st Degree CSC or 3rd Degree CSC instead). If you ultimately end up being convicted of Assault With Intent to Commit CSC Involving Sexual Penetration, the court must order you to be tested for HIV, AIDS, and STDs.

Click here to read about changes in the law in Michigan that require more individuals to undergo DNA testing.

Can I get Holmes Youthful Trainee Act ("HYTA") for Assault With Intent to Commit Criminal Sexual Conduct Involving Sexual Penetration?

It depends. You cannot get HYTA for Assault With Intent to Commit Criminal Sexual Conduct Involving Sexual Penetration in Michigan EXCEPT FOR where the intent is to commit 3rd Degree CSC and the alleged victim is "at least 13 years of age and under 16 years of age."

The Michigan Holmes Youthful Trainee Act, MCL 762.11, allows a young person between age 17 and 24 (recently changed) at the time of the offense to plead guilty without getting a criminal conviction on their record. But it can be very difficult to convince the court to grant HYTA status, and there is no requirement that HYTA be granted.

Since Assault With Intent to Commit CSC Involving Sexual Penetration is a "listed offense" which requires sex offender registration (see above), HYTA is not available unless you can show by clear and convincing evidence that you are not likely to re-offend. you get HYTA, if you are convicted, you'll have a public conviction on your record.

Finally, it is important to note that even if you receive HYTA status, you can still go to Jail or Prison.

RELATED: How can I be charged with Assault With Intent to Commit Sexual Penetration when the only evidence against me is the accusation itself?

What is the Sentence for Assault With Intent to Commit Sexual Penetration in Michigan? Will I go to Jail or Prison for Assault With Intent to Commit Sexual Penetration in Michigan?

The Michigan Assault With Intent to Commit Sexual Penetration law makes it punishable by "imprisonment for not more than 10 years." The maximum penalty is increased significantly if you are charged as an Habitual Offender. Additionally, the Michigan Supreme Court has ruled that the Michigan Sentencing Guidelines, which cap a sentence at a certain number of months (usually well below the maximum), are no longer mandatory - they are only advisory. The Judge can sentence you up to the full 10 years if he or she wishes.

Though it may be difficult to stay positive and avoid thinking about the sentence, you must do so. The best way to deal with these charges is to never get sentenced in the first place--which is why our Detroit sex crime lawyers’ priority is helping you obtain a Not Guilty verdict.


​​​​​​In the case of an Assault With Intent to Commit Sexual Penetration charge, it is essential you don’t waste any time in contacting our firm at Prain Law, PLLC by calling (248) 731-4543.

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