What Counts as Criminal Sexual Conduct in Michigan?

Michigan uses the term criminal sexual conduct (CSC) for multiple sex offenses. You may hear people refer to “sexual assault” or “molestation,” but legally, those acts are different degrees of CSC. Each degree has different requirements, possible defenses, and potential penalties.

The Four Degrees of CSC

Michigan divides CSC into four degrees. The degrees depend on what happened and how old the people involved were. It also depends on whether any aggravating factors were present.

First-Degree CSC

First-degree CSC is sexual penetration plus one or more aggravating factors. The most common factors include:

  • Use of force or coercion

  • A weapon present during the alleged offense

  • A person under 13 years old

  • A person between 13 and 15, when the accused is a member of the same household, a teacher or coach, or someone in a position of authority

  • Multiple offenders involved

  • Causing personal injury along with penetration

Penalties for first-degree CSC include potential life imprisonment.

Second-Degree CSC

Second-degree CSC involves sexual contact (touching) instead of penetration, but the same aggravating factors apply. Prosecutors often file second-degree CSC when they believe they can show intentional sexual touching, but they don’t have evidence to prove penetration happened.

Third-Degree CSC

Third-degree CSC involves penetration but without the aggravating factors found in first-degree CSC. It usually appears in cases where:

  • Someone is 13 to 15 years old

  • Someone is 16 to 18, and the accused is a teacher or school employee

  • Force or coercion is alleged, but without injury or a weapon

  • Someone is mentally incapacitated or physically helpless

Fourth-Degree CSC

Fourth-degree CSC involves sexual contact without the aggravating factors listed in second-degree CSC. It mirrors third-degree CSC but applies to contact instead of penetration. It’s still a serious charge, even though it’s a misdemeanor punishable by up to two years in prison.

What Counts as “Sexual Penetration” and “Sexual Contact”?

The exact definitions of “sexual penetration” and “sexual contact” matter in almost every CSC case. Sexual penetration includes any intrusion, however slight, of the genital or anal openings. It doesn’t require physical injury, physical force, or ejaculation. Even minimal penetration fits the statute.

Sexual contact includes intentional touching of intimate parts or clothing covering intimate parts if the purpose is sexual arousal, sexual gratification, or to degrade or humiliate someone.

Force, Coercion, and Consent

Prosecutors don’t have to show physical violence to claim force or coercion. Michigan law includes a range of behaviors under “force or coercion,” such as:

  • Threats of retaliation

  • Emotional pressure or intimidation

  • Abuse of authority, like teachers and students, or correctional officers and inmates

  • Other situations where the person couldn’t freely say no

Consent is complicated when intoxication, unconsciousness, or a power imbalance existed. A person is unable to consent if they’re mentally incapacitated, physically helpless, or heavily intoxicated.

Age-related CSC charges make up a large portion of Michigan sex offense cases. When a person is under 16, they legally can’t consent to sexual activity, so prosecutors don’t need to prove the alleged victim was unwilling.

What Prosecutors Look for When Filing CSC Charges

You might expect prosecutors to wait for DNA or medical evidence, but many CSC cases rely primarily on statements and communications. Prosecutors might look for:

  • Consistency or inconsistency in witness statements

  • When the report was filed

  • Messages, photos, or location data

  • Age and the relationship between the people involved

  • Any signs of intoxication or impairment

  • Witnesses who can testify to the parties’ behavior before or after the event

Many cases move forward without physical evidence. On the other hand, strong documentation and digital records can also help the defense.

Discuss Your Case with a Seasoned Defense Team

If you’re facing CSC charges, you need strong legal representation. The attorneys at Geherin Law Group, PLLC can evaluate the evidence and help you take the right next steps. We’re based in Ann Arbor and handle cases throughout Washtenaw County and the surrounding regions.

Contact us today to get started.