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The court shall sentence the defendant to Michigan lifetime electronic monitoring if the violation involving sexual contact occurs by a person/victim 17 years of age or older, or against a person/victim less than 13 years of age (learn what is offensive touching here).
Sexual contact: includes the intentional unwanted touching of the accuser’s or your intimate parts, or the intentional touching of the clothing covering the immediate area of the alleged victim or your intimate parts, if that intentional touching can, without reasonable doubt, be construed as being for the purpose of sexual arousal or sexual gratification, done for a sexual purpose, or in a sexual manner for revenge, to inflict humiliation, or out of anger.
Mentally incapable: means that a person suffers from a mental disease or defect that renders that person temporarily or permanently incapable of appraising the nature of his or her conduct.
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
Mentally disabled: means that a person has a mental illness, is intellectually disabled, or has a developmental disability.
Physically helpless: means that a person is unconscious, asleep, or for any other reason has a physical disability that makes them unable to communicate their unwillingness to an act.
● Example: You go to check on your 11-year old step-daughter, who is asleep in her bed. You swipe your hands on the sides of her breasts, over her nightgown. Since she was sleeping, she is considered “physically helpless.”
Force or coercion: is when you overcome the accuser through the actual application of physical force or physical violence;
When you coerce the accuser to submit to you by threatening to use force or violence on the accuser, and the victim believes that you have the present ability to execute these threats;
When you coerce the accuser to submit by threatening to retaliate in the future against the accuser, or any other person, and the accuser believes that the actor has the ability to execute this threat.
● “Retaliate” includes threats of physical punishment, kidnapping, or extortion;
When the actor engages in the medical treatment or examination of the accuser in a manner or for purposes that are medically recognized as unethical or unacceptable;
When the actor, through concealment or by the element of surprise, is able to overcome the accuser.
● Example: You tell the accuser that if he doesn’t give you a handjob, you will tell his parents. Because you used a threat in order to accomplish unwanted sexual touching, you have used “Force or Coercion.”
Personal injury: means bodily injury, disfigurement, mental anguish, chronic pain, pregnancy, disease, or loss or impairment of a sexual or reproductive organ.
Please Note: Criminal sexual conduct 2nd degree has to do with illegal sexual contact. Much harsher penalties can be enforced when what is sexual penetration is involved, i.e. criminal sexual conduct 1st degree and criminal sexual conduct 3rd degree.
The penalties for second degree criminal sexual conduct in Michigan can be life altering.
These penalties include, but are not limited to, having to register as a sex offender on the Michigan Sex Offender Registry, going to jail or prison, and restrictions once you complete your jail/prison time.
Only a criminal sexual conduct attorney who has done thousands of sexual contact, sexual assault, and criminal sexual conduct cases, like attorney Nicole Blank Becker, can properly navigate such a serious felony offense charge of sexual contact and get you the best results that you, or a person you know, deserve.
Having such a charge, like second degree criminal sexual conduct, on a person’s permanent criminal record means there is mandatory lifetime electronic monitoring.
There is a requirement that the sentencing judge must inform the person of the lifetime monitoring. If that happened in your case, there are steps you can take to try to avoid having to register as a sex offender for the rest of your life.
While 2nd degree criminal sexual conduct and 3rd degree sexual assault Michigan both have a 15 year maximum penalty, they are treated very differently under the law for purposes of sentencing.
Unlike CSC 3rd degree, criminal sexual conduct second degree does not have what is mandatory minimum sentencing. When a crime has a mandatory minimum sentence, one year in the department of corrections is typically the minimum amount of time a person would be required to serve if they plead or were found guilty at a jury trial.
Since second degree criminal sexual conduct does not typically have a mandatory minimum sentence, it is possible to plead or be found guilty of a criminal sexual conduct second degree charge and be sentenced to probation.
There is one exception to the mandatory minimum sentencing rule for second degree criminal sexual conduct. If you were previously convicted of CSC 1st, 2nd, or 3rd degree, you will be subjected to a five year mandatory minimum sentence; MCL 750.520f
If you are charged with criminal sexual conduct second degree in Michigan against a minor, evidence that you committed another crime of CSC second degree against a minor may be admitted at trial, independent of MRE 404(b), even if there was no conviction for the other crime, and the evidence may be considered for its bearing on any matter to which it is relevant.
There are successful ways to negotiate with the state so you are no longer facing a CSC 2nd degree Michigan charge. If the goal is to minimize the damages when it comes to CSC second degree charges, there is a way to do so.
For Example: criminal sexual conduct 4th degree is considered to be a similar charge to criminal sexual conduct in the second degree, but it has less requirements. More importantly, CSC 4th degree Michigan has a much lower penalty.
While the penalty for CSC second degree is 15 years in prison, the CSC 4th degree Michigan penalty is two years in prison. That is a significant difference in penalties.
In order to take advantage of something like that, you need the right Michigan criminal sexual conduct attorney who is aware of ALL the nuances when it comes to being charged with sex crimes.
The right lawyer to trust to fight for you is attorney Nicole Blank Becker. Her 20+ years of experience and previous position as the Chief of the Sex Unit in Macomb County will be just the right ammunition you need to properly and appropriately find alternatives to a CSC second degree 15 year penalty.
Nicole has seen almost every fact pattern when it comes to CSC second degree, sexual contact cases, and Michigan criminal law. She has both prosecuted and defended thousands of people who have been charged with all kinds of CSC degrees, including second degree CSC.
Nicole possesses special training to assist her in successfully questioning both child and adult witnesses. Her expertise in this field will assist you through this criminal process and get the best possible outcome available to you.
Nicole also prides herself on keeping a great attorney-client relationship, and all confidential or sensitive information that you say to her remains 100% confidential.
Don’t hesitate! Don’t wait! If you have been accused or charged of a criminal sexual conduct sex crime, reach out to us today via text message, contact form, email, or phone call for your free consultation!
Fill out the contact form or call us at 248-515-6583 to schedule your free consultation.