D.G. Moore is a Michigan criminal defense attorney with extensive experience representing individuals accused of sex crimes, including Fourth-Degree Criminal Sexual Conduct (CSC-IV). This guide explains Michigan’s CSC-IV laws under MCL 750.520e, including definitions, penalties, defenses, and what to do if you are facing charges.

Michigan Penal Code Section 520e (MCL 750.520e) – Fourth-Degree Criminal Sexual Conduct

Michigan’s MCL 750.520e, outlining fourth-degree criminal sexual conduct, criminalizes sexual contact where the other person is at least 13 but under 16 years of age, and the actor is five or more years older, or when force or coercion is used.

Understanding Fourth-Degree Criminal Sexual Conduct in Michigan

Under MCL 750.520e, Fourth-Degree Criminal Sexual Conduct (CSC-IV) is considered the least severe of Michigan’s CSC offenses, but it is still a serious crime. Unlike CSC-I, CSC-II, and CSC-III, which involve sexual penetration, CSC-IV applies to sexual contact under specific unlawful circumstances.

A CSC-IV conviction is a misdemeanor punishable by up to 2 years in prison and mandatory sex offender registration in certain cases. Understanding the elements of the charge, potential defenses, and penalties is crucial for anyone accused of this crime.

What Is Fourth-Degree Criminal Sexual Conduct (CSC-IV)?

To be convicted of CSC-IV under MCL 750.520e, 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 over clothing covering these areas.
• Making or permitting the victim to touch the defendant’s intimate areas.

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 Unlawful Circumstance, Such as the Victim Being Mentally Incapacitated

At least one of the following circumstances must apply:

• The victim was 13, 14, or 15 years old, and the defendant was 5 or more years older.
• 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, person licensed, or employee at a child care organization or foster family group home where the victim resided.
• The victim was 16–25 years old and receiving special education services, and the defendant was a:
  • Teacher or administrator at the school where the victim was enrolled.
  • School employee, contractor, or volunteer who used their position to gain access to the victim.
• The defendant was a mental health professional, and the sexual contact occurred during or within 2 years of treatment.
• The defendant used force, coercion, physical force, physical punishment, physical violence, present ability, or the victim believes 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.

Full text of MCL 750.520e – Michigan Legislature

Legal Examples of CSC-IV in Michigan

Example 1: Unwanted Touching in Public

A man at a restaurant pats a waitress on the butt while she is walking away. If the act was sexually motivated, he could face CSC-IV charges.

Example 2: Mistaken Age in a Sexual Encounter

A 21-year-old man meets a woman at a party. She claims to be 18, and they engage in consensual intimate contact. Later, she admits she is actually 15. Because the age difference is greater than 5 years, the man could face CSC-IV charges.

Example 3: Abuse of Professional Authority

A licensed therapist engages in unethical medical treatment or sexual contact with a former patient within two years of treatment ending. Under Michigan law, this qualifies as CSC-IV.

Penalties for Fourth-Degree Criminal Sexual Conduct in Michigan: Misdemeanor Punishable by Up to 2 Years

A CSC-IV conviction under MCL 750.520e carries the following legal consequences when sexual contact occurs under specific circumstances, such as age differences, coercion, and authority relations:

Michigan Department of Corrections – Sex Offender Registry Requirements

Defenses Against CSC-IV Charges

A CSC-IV charge is still a felony, and defending against these accusations requires an aggressive legal strategy. Common defenses include:

1. Lack of Evidence

If there is no physical evidence, no witnesses, or inconsistent testimony, the defense can argue insufficient proof.

2. False Allegations

False accusations can arise due to:

• Personal grudges or disputes
• Retaliation for a breakup
• Misinterpretation of an event

3. Mistake of Age (Not a Valid Defense in Michigan)

Michigan law does not allow a reasonable mistake-of-age defense. However, a defendant under 21 may qualify for sentencing deferral under the Holmes Youthful Trainee Act (HYTA), avoiding permanent criminal records and sex offender registration.

4. Accidental or Non-Sexual Contact

In some cases, the defense may argue:

• The touching was accidental.
• There was no sexual intent behind the contact.

Understanding Your Rights – ACLU Guide

How an Experienced Michigan CSC Defense Attorney Can Help

A CSC-IV charge can result in severe penalties, but an experienced criminal defense attorney can fight the allegations by:

• Identifying weaknesses 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.

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Frequently Asked Questions (FAQs)

What Is the Sentence for Fourth-Degree Criminal Sexual Conduct in Michigan?

A CSC-IV conviction carries a maximum penalty of 2 years in prison. Depending on the case, the defendant may also have to register as a sex offender.

Can CSC-IV Be Reduced to a Lesser Charge?

Yes. If evidence is weak or legal issues arise, charges may be reduced to a misdemeanor or dismissed.

Does a CSC-IV Conviction Require Sex Offender Registration?

Yes, but the length of registration depends on the victim’s age and circumstances. For victims under 13, lifetime registration applies. For victims 13-17, a 25-year registry applies. For victims 18+, a 15-year nonpublic registry may apply.

What Should I Do If I Am Accused of CSC-IV?

• Do not talk to police without an attorney.
• Gather any supporting evidence (texts, emails, or witness statements).
• Contact a Michigan criminal defense attorney immediately.