Michigan criminal defense attorney

How to Understand First Degree Criminal Sexual Conduct

First Degree Criminal Sexual Conduct

Has someone you know been charged with criminal sexual conduct?

Do you know what it means if you or someone you know has been charged with first degree criminal sexual conduct?

On this beautiful morning in Detroit, Michigan, we are examining what it means to be charged with first degree criminal sexual conduct. On Monday, we review the University of Michigan’s definition of criminal sexual conduct in Have You Been Falsely Accused of Criminal Sexual Conduct?

The charge of criminal sexual conduct is a life alternating one. That is why having a knowledgeable and experienced criminal defense attorney that is on your side is essential. As I’m sure we all remember: Knowledge is Power.

The University of Michigan does a great job breaking down sexual assault in their article Defining Sexual Assault. Today, however, I’m going to add my 2 cents as a criminal defense attorney.

First Degree Criminal Sexual Conduct

The first piece that has to be in place to be charged with First degree is there has to be sexual penetration. If you have questions concerning what that is please review the article by the University of Michigan above.

In addition one of the following situations must also be present.

  • The victim is under the age of 13
    If the victim is between the ages of 14 and 16 one the following 3 must be present as well

    • The assailant (the person being charged with the sexual conduct) must be in a place of authority over the victim.
    • The victim is related by blood or affinity to the victim.
    • Lastly, if the victim is a member of the same household as the assailant.
  • Happens when another felony has been given
  • The assailant has been aided by another individual, as long as one of the following is true.
    • The victim is incapable. This could mean mentally incapable, mentally incapacitated, or physically helpless.
    • The assailant applied force of coercion.
  • When there are weapons involved.
  • When the use of force or coercion and there is a result of personal injury. Personal injury includes but is not limited to pregnancy, disease, chronic pain and metal anguish.
  • There is a result of personal injury in addition to victim incapacity.
  • Lastly, the victim in incapacitated and one of the following must be present:
    • The victim is related by blood of marriage to the assailant.
    • The assailant is in position of authority over the victim.

When charged with first degree criminal sexual conduct, that individual is facing life in prison.

Even with the given explanation, the law can be very confusing. If you have any questions, please call me.

248-348-7400 or 586-530-1000

This article was published on: May 1, 2013 and was last modified May 6, 2013