In a previous article, we started to discuss first degree criminal sexual conduct. Let us dive in.
We have already discussed that Criminal Sexual Conduct in the first degree has a penalty of life imprisonment.
Criminal sexual conduct in the first degree involves sexual penetration, however slight it may be. As long as there is the entry of the sexual organ to any part of the body of the minor child, there is criminal sexual conduct. (Mich. Comp. Laws Ann. § 750.520b (2018).)
Any child under the age of 13 or a child who is between the ages of 13 and 16 who has been a victim of sexual penetration from the following is considered a victim of criminal sexual conduct in the first degree:
- a member of the child’s family or household
- a teacher or in some other position of authority over the child, or
- the child’s foster care provider at the time the sexual penetration occurred.
There are three related offenses to the first degree.
- Second-degree criminal sexual conduct, MCL 750.520c
- Third-degree criminal sexual conduct, MCL 750.520d
- Assault with intent to commit sexual penetration, MCL 750.520g
Different penalties are imposed for every single one of the crimes.
In the previous article, we have discussed two things that will prove the elements. In terms of the criminal defense, there are usually two things that come into play – failure to prove the elements of the crime and the fact that there is consent.
The penalties with this crime committed in Michigan are a lot to take in. Once you are found guilty with it, you should expect the following losses in your life:
- A penalty of up to life imprisonment;
- Criminal fines associated with the crime;
- Court costs associated with the crime;
- Lifetime monitoring by the State of Michigan;
- Permanent criminal record as a sex offender;
- Denial of employment;
- Denial of professional license granted by the State of Michigan;
- Loss of custody rights for the child subject of the crime and any or crime children of the person who committed the crime; and
- Denial or revocation of the immigration VISA and subsequent
If you think that these penalties are steep, committing any other crime in Michigan would almost always come with a lot of penalties. Look out for the next articles.
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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.
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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.
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