Criminal Sexual Conduct in the Second Degree

Under Michigan law, it is illegal to perform particular sex acts, and people that engage in such behavior may be charged with a crime. For example, certain sexual contact constitutes criminal sexual conduct in the second degree, a serious offense that carries significant penalties. Simply because a person is charged with a crime does not mean they will be found guilty, though, and it is prudent for anyone accused of a sex crime to talk to an attorney as soon as possible. Sam Bernstein of ArborYpsi Law is an assertive Ann Arbor criminal defense attorney with ample experience representing parties accused of sex offenses, and if you engage his services, he will zealously pursue the best legal outcome available under the facts of your case.

CSC 2nd degree is the second most-serious sex offense in Michigan. Under the Michigan Penal Code, numerous types of sexual contact constitute criminal sexual conduct of the second degree, including sexual contact with a person under the age of 13. Sexual contact with a person between the ages of 13 and 16 is also criminal sexual conduct of the second degree if the actor is related to or lives with the victim, has authority over the victim and uses it to compel them to submit, or is a teacher or administrator in the victim’s school. Sexual contact that occurs during the commission of a felony or when the actor is armed with a weapon constitutes criminal sexual conduct in the second degree as well, as does sexual contact with a person that is physically helpless or mentally incapacitated or incapable. Sexual contact that occurs between a corrections officer and a prisoner also constitutes CSC 2nd degree.

The Michigan Penal Code defines sexual contact as intentional touching of a person’s intimate parts or clothing covering such parts if the touching can be construed as being for the purpose of sexual arousal, a sexual purpose, or in a sexual manner out of anger, or to enact revenge or cause humiliation.

CSC 2nd degree is a felony punishable by up to 15 years in prison. If the offense involved sexual contact committed by a person who is at least 17 years old against an individual under the age of 13, the courts are required to sentence the actor to lifetime electronic monitoring as well.

People charged with criminal sexual conduct in the second degree often fear that a conviction is inevitable, but in many instances, they can avail themselves of compelling defenses. In some instances, they may be able to assert their innocence by arguing that the evidence shows that they were misidentified by the police or victim and another person committed the crime or that they were in another location when the crime occurred. They may also be able to illustrate holes in the prosecution’s case. In other words, the prosecution must prove each component of the charged offense beyond a reasonable doubt, and if it cannot, a defendant may be able to effectively argue that they should be found not guilty.

A conviction for criminal sexual conduct in the second degree can cause irreversible harm to a person’s rights and reputation, but there are often defenses people accused of sex crimes can assert to protect their interests. If you are charged with criminal sexual conduct in the second degree, it is smart to meet with an attorney to discuss your options. Sam Bernstein of ArborYpsi Law is a trusted criminal sexual conduct 2nd degree Ann Arbor criminal defense lawyer who is well-versed in what it takes to obtain favorable outcomes in criminal proceedings, and if you hire him, he will advocate aggressively on your behalf. Our office is located in Ann Arbor, and we regularly represent parties in criminal matters throughout Michigan, including cities in Ann Arbor, East Lansing, Dearborn, and Flint. You can contact us through our online form or by calling us at (734) 883-9584 to set up a confidential and free meeting.