D.G. Moore is a Michigan criminal defense attorney with extensive experience defending individuals accused of serious felony charges, including Third-Degree Criminal Sexual Conduct (CSC-III). This guide explains Michigan’s CSC-III laws under MCL 750.520d, covering the legal definition, penalties, defenses, and steps to take if you are facing charges.
Michigan Penal Code Section 520d (MCL 750.520d) – Third-Degree Criminal Sexual Conduct
Michigan’s MCL 750.520d, defining third-degree criminal sexual conduct, is a felony, typically punishable by up to 15 years imprisonment, and involves sexual penetration under circumstances such as with a person at least 13 but under 16 years old, or through force, coercion, or when the victim is physically helpless or mentally incapacitated.
Understanding Third-Degree Criminal Sexual Conduct in Michigan
Under MCL 750.520d, Third-Degree Criminal Sexual Conduct (CSC-III) is a felony punishable by up to 15 years in prison that applies when sexual penetration occurs under specific unlawful circumstances.
Unlike First-Degree CSC (MCL 750.520b), which involves aggravating factors such as force, injury, or victims under 13, CSC-III covers sexual penetration involving underage victims, abuse of authority, coercion, or mental incapacity.
A CSC-III conviction can result in up to 15 years in prison and mandatory sex offender registration. Understanding the elements of the charge, possible defenses, and penalties is essential for anyone accused of this crime.
What Is Third-Degree Criminal Sexual Conduct (CSC-III)?
To be convicted under MCL 750.520d, the prosecution must prove two key elements beyond a reasonable doubt:
1. Sexual Penetration Occurred
Sexual penetration under Michigan law includes:
- Any entry into the genital, anal, or oral opening by the defendant’s body part or an object (even slight penetration qualifies).
- Oral contact with the victim’s genital area.
2. The Act Involved an Unlawful Circumstance
One or more of the following circumstances must apply:
One or more of the following circumstances must apply for a charge of criminal sexual conduct in the third degree. These circumstances exist to define the specific legal criteria under which this offense can occur:
- The victim was 13, 14, or 15 years old.
- The victim was 16 or 17 years old, and the defendant was a:
- Teacher or school administrator where the victim was enrolled.
- School employee, contractor, or volunteer who used their status to gain access to the victim.
- Child-care worker, foster home operator, or employee at an organization where the victim resided.
- The defendant used force or coercion to commit the act.
- The victim was mentally incapable, mentally incapacitated, or physically helpless, and the defendant knew or should have known this.
- The defendant was related to the victim by blood or marriage within the third degree.
A person engages in criminal sexual conduct in the third degree if they engage in sexual penetration with another person under these specified circumstances.
Full text of MCL 750.520d – Michigan Legislature.
Legal Examples of CSC-III in Michigan
Example 1: Sexual Activity Between a 17-Year-Old and a 15-Year-Old
A 17-year-old boy has consensual sex with his 15-year-old girlfriend. Because the age of consent in Michigan is 16, the older teen could face CSC-III charges.
Example 2: Intoxication and Incapacity
After a party, a man and woman engage in sexual activity. The woman later claims she was too intoxicated to consent. If the prosecution proves she was physically helpless or mentally incapacitated, this could result in CSC-III charges.
Example 3: Abuse of Authority
A teacher begins a sexual relationship with a 16-year-old student in a district or intermediate school. Because Michigan law prohibits teachers from engaging in sexual activity with enrolled students under 18, the teacher could face CSC-III charges. This law applies to any school district or intermediate, emphasizing the responsibilities of educational institutions. Additionally, if a substitute teacher engages in such misconduct, they too could face similar legal implications.
Penalties for Third-Degree Criminal Sexual Conduct in Michigan
A CSC-III conviction under MCL 750.520d is a felony punishable by severe legal consequences:
| Penalty | Details |
|---|---|
| Prison Sentence | Up to 15 years in prison. |
| Sex Offender Registration | Lifetime registration required in most cases. |
| Exceptions to Registry Requirement | If the victim was 13-15 years old, the act was consensual, and the age difference was 4 years or less, sex offender registration may not apply. |
Michigan Department of Corrections – Sex Offender Registry Requirements
Defenses Against CSC-III Charges
Because CSC-III is a felony with serious penalties, it is critical to build a strong defense. Common legal 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 may argue insufficient proof.
2. False Allegations
False accusations can arise due to:
- Custody disputes
- Jealousy or revenge
- Misinterpretation of an event
- Attempted leverage in legal matters
3. Age Gap and Consent (Holmes Youthful Trainee Act – HYTA)
For defendants under 21, Michigan law allows for deferred sentencing under the Holmes Youthful Trainee Act (HYTA). If granted, and if the defendant is a person licensed to operate foster family homes or group homes, a CSC-III conviction may not appear on the defendant’s record if probation is completed successfully.
4. Voluntary Intoxication and Mental Incapacity
Under Michigan law, “mentally incapacitated” means the victim was unable to control their actions due to substances given to them without consent. If the accuser voluntarily consumed alcohol or drugs, the case may not meet the legal definition of mental incapacity.
Understanding Your Rights – ACLU Guide
How an Experienced Michigan CSC Defense Attorney Can Help
A CSC-III charge, under Michigan criminal sexual conduct laws, 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 DefenseCriminal Defense
Frequently Asked Questions (FAQs)
What Is the Sentence for Third-Degree Criminal Sexual Conduct in Michigan?
A CSC-III conviction is a felony punishable by up to 15 years in prison. Sex offender registration is required in most cases.
Can CSC-III Be Reduced to a Lesser Charge?
Yes. If evidence is weak or legal issues arise, charges may be reduced to CSC-IV or dismissed.
Do All CSC-III Convictions Require Sex Offender Registration?
No. If the victim was 13-15 years old, the act was consensual, and the age gap was 4 years or less, registry requirements may not apply.
What Should I Do If I Am Accused of CSC-III?
- Do not talk to police without an attorney.
- Gather any supporting evidence (texts, emails, or witness statements).
- Contact a Michigan criminal defense attorney immediately.
