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What is Sodomy 3rd Degree?

Blank Law, PC Team

What is Sodomy 3rd Degree?

In the state of Michigan, cases of sodomy (or crimes against nature) are classified under the umbrella of Criminal Sexual Conduct (CSC). There are four CSC charges, with each representing a different degree or severity of sex crime.

For you to be charged with sodomy in the third degree, certain elements must be proven. The most important is that you engaged in or have been accused of deviant sexual intercourse with someone else.

How CSC Crimes are Classified

The main difference between the four CSC charges in Michigan is if the allegation involves unwanted touching or sexual penetration.

3rd degree sexual assault is a classification of illegal sexual assault activities that sodomy can fall under. It is like criminal sexual conduct 1st degree because it involves sexual intercourse with another person. In this case, sodomy is when the accused party engages in deviate sexual conduct involving oral or anal penetration.

To face charges of CSC 2nd degree or CSC 4th degree involves inappropriate or unwanted touching.

What is Sodomy 3rd Degree?

Sodomy is defined as a situation where someone engages in deviate sexual intercourse with another person. The situation’s circumstances determine if the crime is charged as first, second, third, or fourth degree.

Deviate sexual intercourse refers to sexual gratification that involves one person’s sex organs and the mouth or anus of the other. It also means having the anus penetrated by a foreign object used by another person.

A person will likely face charges of sodomy in the third degree when:

  • The accused person engages in deviate sexual intercourse with another person who cannot consent due to mental incapacity
  • The accused person is 21 or more when they engage in oral or anal sexual conduct with another person who is under 15
  • The accused party is 21 or more when they engage in oral or anal sexual conduct with another person under 18
  • The accused is 21 or older and engages in deviate sexual intercourse with someone under 18 whom the accused party is a foster caregiver
  • The accused is in an authoritative position or has special trust with the alleged victim and engages in deviate sexual intercourse with someone who is 16 or under whom they meet or contact due to their authority position (see: positions of authority)

Being convicted of sodomy in the third degree is a Class C felony or a Class D felony in Michigan.

Potential Penalties for a Sodomy in the Third Degree Conviction

It is important to note that if you are charged with sodomy in the third degree, the penalties can be severe. This is charged as a Class D felony or Class C felony in Michigan. If you are convicted of this crime, you can face a prison sentence of up to 15 years. You may have a mandatory minimum sentencing of five years in prison if you have previous CSC convictions (any degree) or a conviction in another state for gross indecency, indecent exposure, carnal knowledge, or rape.

The sentence you receive depends on the judge and how they view your case. The judge in Michigan has the right to determine the sentence they believe is appropriate for the charges you face.

Building Your Defense

If a person engages in oral or anal sexual intercourse or is accused of doing this and faces sodomy in the third degree charges, the repracussions of a conviction can impact their lives in many ways. Factors like forcible compulsion and if the alleged victim experienced a serious physical injury will be considered in these situations.

A person who engages in deviate sexual actions needs to find and hire a criminal defense attorney immediately to start building a criminal sexual conduct defense for the case. Class D and Class C felony charges in Michigan come with serious penalties, and they are ones most people want to avoid if possible.

Remember, the prosecution must prove that oral or anal sexual intercourse occurred, and your sex crimes defense lawyer will build sexual assault defense strategies to help show that this did not happen. This can be a complex process, which is why having legal representation is so important.

Hire an Attorney Today

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Do not wait to hire a criminal sexual conduct attorney when facing sodomy in the third degree charges. At Blank Law, PC, Attorney Nicole Blank Becker is ready to take on your case and help you build a strong defense. You can contact her legal office 24 hours a day, seven days a week, by calling (248) 515-6583. Getting in touch with her office immediately will provide plenty of time to build a viable defense against the charges you are facing.

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