Michigan Sex Crimes Defense

Sex crimes charges differ from most other crimes in the severity of their immediate and long-term impacts. In the short term, being charged with a sex crime takes an immediate toll on a person’s reputation. In the long term, the consequences of a conviction can include lengthy prison terms and the possibility of living as a registered sex offender.

Registered sex offenders are exposed to ongoing scrutiny by the community, their family and by the government. Violation of the conditions of sexual offender registration is a crime in itself, which may have its own consequences.

Your only chance to prevent those consequences is by presenting the strongest defense now. Contact our office to discuss how we can help you.

Anyone Can Face These Types Of Charges

No one is immune from the possibility of being charged with a sex crime. Misinterpretations of a situation can lead to false accusations. With the Internet and WiFi becoming staples in most homes, it is all too possible for one’s computer to be searched and evidence seized to be used in criminal prosecutions.

Professional License Defense Against Sex Crimes Charges

For professionals charged or indicted with sex crimes offenses, another key element is the defense of their professional licenses. Our firm offers comprehensive defense against sex crimes charges that includes, when necessary, the defense of one’s professional licenses.

A Reputation For Delivering A Skilled Defense Of Our Clients

At Levine & Levine, we are committed to helping our clients fight against sex crimes charges. We have the skills and experience to be able to truly help our clients through these difficult situations. Our firm has earned an AV Preeminent* rating from Martindale-Hubbell’s peer-review rating system, the highest available rating. We were able to earn such high regard by delivering exceptional results for our clients since 1987. Randall LevineAnastase Markou and Sarissa Montague are skilled criminal defense lawyers, with each contributing to the strength our firm is able to offer our clients. Attorney Levine is included in the top 100 Trial Lawyers in Michigan, Best Lawyers of America and for a consecutive number of years as a Super Lawyer. Attorney Markou has been named among the Top 100 Trial Lawyers in Michigan and Super Lawyers.

Defense Against Sex Crimes Charges In Southwest Michigan

An aggressive defense is the best response to sex crimes charges. Levine & Levine can defend you against criminal charges that could ruin your future. To schedule an initial consultation, call 800-214-1213 or contact us online.

What is a Sex Crime: MCL Chapter 750 Act 328 of 1931

  • Under Michigan law, Criminal Sexual Conduct (CSC) is divided into four categories:
    • CSC 1st Degree
    • CSC 2nd Degree
    • CSC 3rd Degree
    • CSC 4th Degree

 

Here is a detailed look at each of the CSC offenses:

CSC 1st Degree

Is a felony punishable by life in prison or any term of years and lifetime electronic monitoring. CSC 1st degree is the most serious charge and occurs when there is sexual penetration with another person, accompanied by any of the following circumstances:

  • (a) That other person is under 13 years of age.
  • (b) That other person is at least 13 but less than 16 years of age and any of the following:
  • (i) The actor is a member of the same household as the victim.
  • (ii) The actor is related to the victim by blood or affinity to the fourth degree.
  • (iii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.
  • (iv) The actor is a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled.
  • (v) The actor is an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.
  • (vi) The actor is an employee, contractual service provider, or volunteer of a child care organization, or a person licensed to operate a foster family home or a foster family group home in which that other person is a resident, and the sexual penetration occurs during the period of that other person’s residency. As used in this subparagraph, “child care organization”, “foster family home”, and “foster family group home” mean those terms as defined in section 1 of 1973 PA 116, MCL 722.111.
  • (c) Sexual penetration occurs under circumstances involving the commission of any other felony.
  • (d) The actor is aided or abetted by 1 or more other persons and either of the following circumstances exists:
  • (i) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
  • (ii) The actor uses force or coercion to accomplish the sexual penetration. Force or coercion includes, but is not limited to, any of the circumstances listed in subdivision (f).
  • (e) The actor is armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon.
  • (f) The actor causes personal injury to the victim and force or coercion is used to accomplish sexual penetration. Force or coercion includes, but is not limited to, any of the following circumstances:
  • (i) When the actor overcomes the victim through the actual application of physical force or physical violence.
  • (ii) 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.
  • (iii) 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.
  • (iv) 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.
  • (v) When the actor, through concealment or by the element of surprise, is able to overcome the victim.
  • (g) The actor causes personal injury to the victim, and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
  • (h) That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following:
  • (i) The actor is related to the victim by blood or affinity to the fourth degree.
  • (ii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.z

CSC 2nd Degree

Is a felony punishable by no more than 15 years in prison, and lifetime electronic monitoring under section 520n if the violation involved sexual contact committed by an individual 17 years of age or older against an individual less than 13 years of age. CSC 2nd degree occurs when someone engages in sexual contact with another person and if any of the following circumstances exists:

    • (a) That other person is under 13 years of age.
    • (b) That other person is at least 13 but less than 16 years of age and any of the following:
    • (i) The actor is a member of the same household as the victim.
    • (ii) The actor is related by blood or affinity to the fourth degree to the victim.
    • (iii) The actor is in a position of authority over the victim and the actor used this authority to coerce the victim to submit.
    • (iv) The actor is a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled.
    • (v) The actor is an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.
    • (vi) The actor is an employee, contractual service provider, or volunteer of a child care organization, or a person licensed to operate a foster family home or a foster family group home in which that other person is a resident and the sexual contact occurs during the period of that other person’s residency. As used in this subdivision, “child care organization”, “foster family home”, and “foster family group home” mean those terms as defined in section 1 of 1973 PA 116, MCL 722.111.
    • (c) Sexual contact occurs under circumstances involving the commission of any other felony.
    • (d) The actor is aided or abetted by 1 or more other persons and either of the following circumstances exists.
    • (i) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
    • (ii) The actor uses force or coercion to accomplish the sexual contact. Force or coercion includes, but is not limited to, any of the circumstances listed in section 520b(1)(f).
    • (e) The actor is armed with a weapon, or any article used or fashioned in a manner to lead a person to reasonably believe it to be a weapon.
    • (f) The actor causes personal injury to the victim and force or coercion is used to accomplish the sexual contact. Force or coercion includes, but is not limited to, any of the circumstances listed in section 520b(1)(f).
    • (g) The actor causes personal injury to the victim and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
    • (h) That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following:
    • (i) The actor is related to the victim by blood or affinity to the fourth degree.
    • (ii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.
    • (i) That other person is under the jurisdiction of the department of corrections and the actor is an employee or a contractual employee of, or a volunteer with, the department of corrections who knows that the other person is under the jurisdiction of the department of corrections.
    • (j) That other person is under the jurisdiction of the department of corrections and the actor is an employee or a contractual employee of, or a volunteer with, a private vendor that operates a youth correctional facility under section 20g of the corrections code of 1953, 1953 PA 232, MCL 791.220g, who knows that the other person is under the jurisdiction of the department of corrections.
    • (k) That other person is a prisoner or probationer under the jurisdiction of a county for purposes of imprisonment or a work program or other probationary program and the actor is an employee or a contractual employee of or a volunteer with the county or the department of corrections who knows that the other person is under the county’s jurisdiction.
    • (l) The actor knows or has reason to know that a court has detained the victim in a facility while the victim is awaiting a trial or hearing, or committed the victim to a facility as a result of the victim having been found responsible for committing an act that would be a crime if committed by an adult, and the actor is an employee or contractual employee of, or a volunteer with, the facility in which the victim is detained or to which the victim was committed.

CSC 3rd Degree

Is a felony punishable by imprisonment for not more than 15 years. CSC 3rd degree occurs when a person engages in sexual penetration with another person and if any of the following circumstances exist:

    • (a) That other person is at least 13 years of age and under 16 years of age.
    • (b) Force or coercion is used to accomplish the sexual penetration. Force or coercion includes but is not limited to any of the circumstances listed in section 520b(1)(f)(i) to (v).
    • (c) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
    • (d) That other person is related to the actor by blood or affinity to the third degree and the sexual penetration occurs under circumstances not otherwise prohibited by this chapter. It is an affirmative defense to a prosecution under this subdivision that the other person was in a position of authority over the defendant and used this authority to coerce the defendant to violate this subdivision. The defendant has the burden of proving this defense by a preponderance of the evidence. This subdivision does not apply if both persons are lawfully married to each other at the time of the alleged violation.
    • (e) That other person is at least 16 years of age but less than 18 years of age and a student at a public school or nonpublic school, and either of the following applies:
    • (i) The actor is a teacher, substitute teacher, or administrator of that public school, nonpublic school, school district, or intermediate school district. This subparagraph does not apply if the other person is emancipated or if both persons are lawfully married to each other at the time of the alleged violation.
    • (ii) The actor is an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.
    • (f) That other person is at least 16 years old but less than 26 years of age and is receiving special education services, and either of the following applies:
    • (i) The actor is a teacher, substitute teacher, administrator, employee, or contractual service provider of the public school, nonpublic school, school district, or intermediate school district from which that other person receives the special education services. This subparagraph does not apply if both persons are lawfully married to each other at the time of the alleged violation.
    • (ii) The actor is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.
    • (g) The actor is an employee, contractual service provider, or volunteer of a child care organization, or a person licensed to operate a foster family home or a foster family group home, in which that other person is a resident, that other person is at least 16 years of age, and the sexual penetration occurs during that other person’s residency. As used in this subdivision, “child care organization”, “foster family home”, and “foster family group home” mean those terms as defined in section 1 of 1973 PA 116, MCL 722.111.

CSC 4th Degree

Is a misdemeanor punishable by imprisonment for not more than two years or a fine of not more than $500.00, or both. CSC 4th degree occurs when a person engages in sexual contact with another person and if any of the following circumstances exist:

    • (a) That other person is at least 13 years of age but less than 16 years of age, and the actor is 5 or more years older than that other person.
    • (b) Force or coercion is used to accomplish the sexual contact. Force or coercion includes, but is not limited to, any of the following circumstances:
    • (i) When the actor overcomes the victim through the actual application of physical force or physical violence
    • (ii) 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 that threat.
    • (iii) 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 that threat. As used in this subparagraph, “to retaliate” includes threats of physical punishment, kidnapping, or extortion.
    • (iv) When the actor engages in the medical treatment or examination of the victim in a manner or for purposes which are medically recognized as unethical or unacceptable.
    • (v) When the actor achieves the sexual contact through concealment or by the element of surprise.
    • (c) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
    • (d) That other person is related to the actor by blood or affinity to the third degree and the sexual contact occurs under circumstances not otherwise prohibited by this chapter. It is an affirmative defense to a prosecution under this subdivision that the other person was in a position of authority over the defendant and used this authority to coerce the defendant to violate this subdivision. The defendant has the burden of proving this defense by a preponderance of the evidence. This subdivision does not apply if both persons are lawfully married to each other at the time of the alleged violation.
    • (e) The actor is a mental health professional and the sexual contact occurs during or within 2 years after the period in which the victim is his or her client or patient and not his or her spouse. The consent of the victim is not a defense to a prosecution under this subdivision. A prosecution under this subsection shall not be used as evidence that the victim is mentally incompetent.
    • (f) That other person is at least 16 years of age but less than 18 years of age and a student at a public school or nonpublic school, and either of the following applies:
    • (i) The actor is a teacher, substitute teacher, or administrator of that public school, nonpublic school, school district, or intermediate school district. This subparagraph does not apply if the other person is emancipated or if both persons are lawfully married to each other at the time of the alleged violation.
    • (ii) The actor is an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.
    • (g) That other person is at least 16 years old but less than 26 years of age and is receiving special education services, and either of the following applies:
    • (i) The actor is a teacher, substitute teacher, administrator, employee, or contractual service provider of the public school, nonpublic school, school district, or intermediate school district from which that other person receives the special education services. This subparagraph does not apply if both persons are lawfully married to each other at the time of the alleged violation.
    • (ii) The actor is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.
    • (h) The actor is an employee, contractual service provider, or volunteer of a child care organization, or a person licensed to operate a foster family home or a foster family group home, in which that other person is a resident, that other person is at least 16 years of age, and the sexual contact occurs during that other person’s residency. As used in this subdivision, “child care organization”, “foster family home”, and “foster family group home” mean those terms as defined in section 1 of 1973 PA 116, MCL 722.111.
Randall S. Levine
Randall S. Levine
Anastase Markou
Anastase Markou
Sarissa Montague
Sarissa Montague

* AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories – legal ability and general ethical standards.

Randall S. Levine
Randall S. Levine
Sharan Lee Levine
Sharan Lee Levine
Anastase Markou
Anastase Markou
Sarissa Montague
Sarissa Montague

136 East Michigan Ave. 14th Floor  |  KalamazooMI 49007  |  Phone269-382-0444  |  Fax269-382-0464