D.G. Moore is a Michigan criminal defense attorney with extensive experience representing individuals accused of serious felony offenses, including Second-Degree Criminal Sexual Conduct (CSC-II). This guide explains Michigan’s CSC-II laws under MCL 750.520c, detailing definitions, penalties, defenses, and what to do if you are facing charges.
Michigan Penal Code Section 520c (MCL 750.520c) – Second-Degree Criminal Sexual Conduct
Michigan’s Penal Code Section 750.520c, also known as Second-Degree Criminal Sexual Conduct (CSC-II), is a felony that occurs when a person engages in sexual contact with another under specific circumstances, including when the victim is under 13 or the actor is in a position of authority/relation to the victim.
Understanding Second-Degree Criminal Sexual Conduct in Michigan
Under MCL 750.520c, Second-Degree Criminal Sexual Conduct (CSC-II) is defined within the criminal sexual conduct statute as the second most severe sexual offense in Michigan, behind First-Degree Criminal Sexual Conduct (CSC-I). Unlike CSC-I, which requires sexual penetration, CSC-II charges involve sexual contact under aggravating circumstances such as the victim’s age, the defendant’s position of authority, or the use of force.
A CSC-II conviction can result in up to 15 years in prison, mandatory sex offender registration, and electronic monitoring. Understanding the elements of the charge, possible defenses, and legal consequences is critical for anyone accused.
What Is Second-Degree Criminal Sexual Conduct (CSC-II)?
To secure a conviction under MCL 750.520c, the prosecution must prove three key elements beyond a reasonable doubt:
1. The Defendant Made Intentional Sexual Contact
Sexual contact under Michigan law includes:
- Touching the victim’s genital area, groin, inner thigh, buttocks, or breasts.
- Touching through clothing covering these areas.
- Making or permitting the victim to touch the defendant’s genital area, groin, inner thigh, buttocks, or breasts.
2. The Contact Had a Sexual Purpose
The prosecution must prove that the touching was done for sexual gratification or could reasonably be interpreted as sexual in nature.
3. The Act Involved an Aggravating Factor
At least one aggravating factor must apply under which such circumstances exists:
- The victim was under 13 years old.
- The victim was 13 to 15 years old, and:
- Lived in the same household as the defendant.
- Was related to the defendant by blood or marriage.
- The defendant held a position of authority and used it to coerce the victim.
- The defendant was a teacher, school employee, or volunteer with access to the victim.
- The defendant was an employee or volunteer at a child-care organization where the victim attended.
- The defendant was a licensed foster home operator where the victim resided.
- The act occurred during the commission of another felony.
- The defendant acted with another person’s assistance, and:
- Used force, coercion, or a weapon.
- Knew the victim was mentally incapacitated or physically helpless.
- Caused personal injury to the victim.
- The victim was under the jurisdiction of the Michigan Department of Corrections, and the defendant was an employee, volunteer, or contractor at the facility where the victim was held.
Full text of MCL 750.520c – Michigan Legislature
Legal Examples of CSC-II in Michigan
Example 1: Sexual Contact with a Minor in the Same Household
A mother’s 17-year-old son touches his stepfather’s 15-year-old daughter’s breast. Because they live in the same household, the act qualifies as CSC-II under Michigan law.
Example 2: Use of Force
During a date, a man gropes a woman’s genital area over her clothing, despite her resisting and telling him to stop. Because force was used, this qualifies as CSC-II.
Example 3: Abuse of Authority
A juvenile corrections officer engages in inappropriate contact with a detainee. A contractual service provider working within the facility, such as an employee or contractor, is also legally accountable for their actions under safeguarding laws. Since the victim is under the facility’s jurisdiction, and the officer had authority over them, this constitutes CSC-II.
Penalties for Second-Degree Criminal Sexual Conduct in Michigan
A CSC-II conviction under MCL 750.520c carries serious legal consequences:
| Penalty | Details |
|---|---|
| Prison Sentence | Up to 15 years in prison. |
| Sex Offender Registration | Lifetime registration if the defendant was 17+ and the victim was under 13. Otherwise, 25-year registration applies. |
| Lifetime Electronic Monitoring | Required if the defendant was 17 or older and the victim was under 13. |
| Second or Subsequent Offense | Increased penalties, including longer prison sentences and stricter monitoring requirements. |
Michigan Department of Corrections – Sex Offender Registry Requirements
Defenses Against CSC-II Charges
A CSC-II charge is serious, but defendants have legal options. Common defenses include:
1. Lack of Evidence
The prosecution must prove every element beyond a reasonable doubt. If there is no physical evidence, conflicting witness statements, or inconsistent testimony, the defense can argue insufficient proof.
2. False Allegations
False accusations of a criminal sexual offense can arise due to:
- Family disputes
- Jealousy or revenge
- Misinterpretation of an event
- Attempted leverage in legal matters
3. Consent (If Legally Applicable)
Michigan law does not recognize consent as a defense if the victim is under 16, particularly in cases of sexual assault. However, if the alleged contact was between two legal-age individuals, a consent defense may be viable.
4. Alibi / Mistaken Identity
If the defendant was not at the scene, alibi evidence (such as surveillance footage, GPS data, or witness testimony) can establish a defense.
5. Violation of Defendant’s Rights
- Illegally obtained confessions
- Police misconduct
- Unlawful searches or evidence collection
Understanding Your Rights – ACLU Guide
How an Experienced Michigan CSC Defense Attorney Can Help
A CSC-II charge can lead to severe penalties, but an experienced criminal defense attorney can fight the allegations by:
- Identifying weak points in the prosecution’s case.
- Challenging improper police conduct.
- Negotiating for reduced charges or case dismissal.
Call D.G. Moore Law at (269) 808-8007 to schedule a confidential consultation.
Sex Crimes Defense
Criminal Defense
Frequently Asked Questions (FAQs)
What Is the Sentence for Second-Degree Criminal Sexual Conduct in Michigan?
A CSC-II conviction carries a maximum penalty of 15 years in prison under the following circumstances: if the defendant was 17 or older and the victim was under 13, lifetime electronic monitoring and sex offender registration are required.
Can Second-Degree CSC Be Reduced to a Lesser Charge?
Yes. If evidence is weak or legal issues arise, charges may be reduced to CSC-III or CSC-IV, or dismissed entirely.
Does a CSC-II Charge Require Sex Offender Registration?
Yes. A conviction requires 25-year registration, but if the defendant is 17+ and the victim is under 13, lifetime registration applies.
What Should I Do If I Am Accused of CSC-II?
- Do not talk to police without an attorney.
- Gather any supporting evidence (texts, emails, or witness statements).
- Contact a Michigan criminal defense attorney immediately.
