Sexual Offenses

Criminal sexual conduct is a charge that encompasses multiple crimes including but not limited to rape, statutory rape, and child molestation. There are four degrees of criminal sexual conduct in Michigan.

First degree criminal sexual conduct  (CSC 1) is a capital offense, meaning that a conviction may result in life in prison. This offense involves sexual penetration with an aggravating circumstance, such as a victim under the age of 13, use of a weapon, an act resulting in injury or multiple defendants committing the act. A CSC 1 conviction carries a mandatory minimum of 25 years in prison and sex offender registration.

Second degree criminal sexual conduct  (CSC 2) involves sexual contact other than penetration with an aggravating circumstances such as a victim under the age of 13, use of a weapon, an act resulting in injury or multiple defendants committing the act. A CSC 2 conviction carries a sentence of up to 15 years in prison and sex offender registration.

Third degree criminal sexual conduct  (CSC 3) involves sexual penetration without aggravating circumstances. A CSC 3 conviction carries a sentence of up to 15 years in prison and sex offender registration.

Fourth degree criminal sexual conduct  (CSC 4) involves sexual contact without penetration without aggravating circumstances. A CSC 4 conviction carries a sentence of up to 24 months in prison and sex offender registration.

Since the age of sexual consent in Michigan is 16, statutory rape charges may be brought for any type of sexual penetration of an individual between the ages of 13 and 16 by another individual over the age of 16.

Child molestation encompasses any type of sexual contact with a minor. If the victim is under 13, a conviction brings a mandatory minimum sentence of 25 years in prison and sex offender registration.

Child pornography is referred to as child sexually abusive material under Michigan law and involves any image or depiction of a person or what appears to be a person under the age of 18 engaging in sexual intercourse or a range of other sexual activities or situations. There are several possible charges involving child pornography.

Creating child pornography encompasses a wide range of producing, creating, reproducing or financing materials that include a child under the age of 18 if the defendant knows, should reasonably be expected to know, and does not take reasonable precautions to determine the age of the child and can result in 20 years in prison and a $100,000 fine.

Enticement of child pornography encompasses persuading or allowing a child under the age of 18 to participate in child pornography if the defendant knows, should reasonably be expected to know, or does not take reasonable precautions to determine the age of the child and can result in 20 years in prison and a $100,000 fine.

Distribution of child pornography encompasses distributing, promoting or financing child sexually abusive material or activity if the defendant knows, or should reasonably be expected to know, that the material includes a child under the age of 18 or does not take reasonable precautions to determine the age of the child. This can result in penalties of up to 7 years in prison and a $50,000 fine.

Possession of child pornography involves knowingly possessing, seeking or accessing any child sexually abusive material if the defendant knows or should reasonably be expected to know that the material includes a child under the age of 18. This can result in penalties of up to 4 years in prison and a $10,000 fine.