Much like any other place in the united states sex crimes in the state of Michigan are categorized based on their differentiation. In this article let us talk about the categories of sex crimes in the state of Michigan and how it is affected by a certain factor.
In previous articles, we have already discussed different degrees of sexual contact in the state of Michigan. This article aims to at least provide you with an overview of why the degrees are put in place.
Let us begin.
Categories of Sex Crimes
There is a crime of criminal sexual conduct when it involves sexual penetration and/or sexual intercourse. The degree of criminal sexual conduct would involve sexual penetration and the presence of other factors.
First Degree
In the first degree, the crime of criminal sexual conduct involves a relationship between the parties or the circumstances of the victim that affects how the individual can give consent and involves sexual penetration and/or sexual intercourse.
In the first degree, the victim is often a minor, a blood relative, or is someone who is physically handicapped. This would also include force or the threat of force or the threat of injury. It also includes the fact that a defendant is a person in authority over the victim. When memorizing his specific crime, you need to make sure that you memorize the elements involved in the crime.
Second Degree
For the second degree, the crime involves no sexual penetration and/or no sexual intercourse but the presence of the various factors that are listed above.
Third Degree
The third degree of criminal sexual conduct involves sexual penetration but there must not be any aggravating factors that are required for first-degree criminal sexual conduct.
Fourth degree
For fourth-degree criminal sexual conduct, it is often referred to as a misdemeanor. It is treated as a felony in Michigan. These are the offenses that carry the possibility of two years in prison and it also requires the registration of the individual in the Michigan Public Sex Offender Registry.
Various Sex Crimes in Michigan
There are various sex crimes in Michigan and they would include the following:
Prostitution and Solicitation
Some sex crimes are not considered crimes because of the lack of consent between the parties. Some sex crimes are considered crimes because it affects the moral fiber of the individuals and the community as a whole.
In this section, let us talk about sex crimes where consent is not the State’s main problem
Prostitution
According to MCL 750.449a, it is a misdemeanor for a person to engage or offer to engage in the sexual services of another for money. The penalty is 90 days in jail. Upon the individual’s conviction, there is no requirement of registration for listing at the Michigan Sex Offenders Registration Act.
Michigan law is unique in this sense that Michigan law does not define prostitution. While only the traditional dictionary definition is used, a person convicted of prostitution is still considered guilty of a misdemeanor. As such, he may face a felony conviction if he has already had a lot of subsequent offenses of prostitution that apply.
Solicitation
On the other hand, solicitation is clearly defined. The Michigan Penal Code provides that any person who is over the age of 16, who solicits another person in a public place or a building, or from a vehicle to commit lewd acts are considered guilty of a crime.
Generally, solicitation is a “two-party” transaction in Michigan. Here, a person who was charged with solicitation has approached another person and offered to pay them for sex. This can be seen in Mich. Comp. Laws § § 750.448, 750.451 (3).
The two parties involved are considered guilty of solicitation and will be punished accordingly.
Why Is It Important to Distinguish Between The Crimes of Prostitution and Solicitation?
While prostitution and solicitation are often categorized together, it is important to distinguish between the two crimes because of the different penalties that come with the crime. From many lawyers, we believe that if our client must be guilty, he must only be guilty of the lowest crime possible so that it is easier to bounce back. After all, you would not want to be registered in the Michigan Sex Offenders Registration Act.
Get Yourself a Good Lawyer
Here at Haque Legal, we always tell potential clients that the best thing that they can do in case of a case filed against them is to get themself a good lawyer at the beginning of the proceedings. Even when you are just filling up forms or when you think that you already have a dispute, you can always get yourself a good lawyer to get started with the process
The first great thing that you can do is to make sure that you have a good guide when it comes to dealing with legalities. After all, you are fighting for your freedom and your life.
Contact Your Lawyer
If you have been involved in a criminal complaint in Michigan, you need to contact your law firm. A lawyer can help you get started with properly protecting your rights. A lawyer at Haque Legal will see to it that your needs are met from beginning to the end of the proceedings. You are always in good hands with Haque Legal and what it has to offer.
Disclaimer
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out
If you are having trouble with the law about a possible charge of a sex crime or you want a lawyer to help you with the representation, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.
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