Criminal Sexual Conduct (CSC) FAQs

1st Degree CSC: Among many variables, may:
1. Involve sexual penetration with an individual under 13 years old.
2. Involve sexual penetration with an individual 13-16 years old.
3. Involve sexual penetration where a weapon is used to enforce the sexual act.
2nd Degree CSC: Among many variables, may:
1. Involve sexual touching of an individual 13 years old or younger.
2. Involve sexual touching of an individual 13-16 years old where a power dynamic is at play.
3. Involve sexual touching where a weapon is used to enforce the sexual touching.
3rd Degree CSC: May encompass many different acts, but generally is either penetration by a person older than 16 with a person between the ages of 13 and 16, or is penetration achieved by force or coercion.
4th Degree CSC: Involves sexual touching in specific instances.
1. The  victim is between 13-16 years of age and the defendant is at least 5 years older.
2. The sexual touching can occur during the course of physical violence.
3. The victim can be a disabled where they are mentally or physically unable to protect themselves from sexual touching. 
4. The defendant can be a blood relative of the victim.
5. The defendant can be an authoritative figure in the victim’s life like a teacher, doctor, or coach. In this specific instance the victim is between 16-17 years old.

If convicted of CSC First degree the sentence can be life in prison and sex offender registration for life.

If convicted of CSC Second degree the sentence can be up to 15 years in prison and sex offender registration can be for life.

If convicted of third-degree CSC the sentence is up to 15 years in prison. The defendant will also be placed on the sex offender registry.

If convicted of fourth degree CSC, the defendant could face up to 2 years in prison. This CSC charge is considered a high-court misdemeanor, though it is essentially a felony. It also involves mandatory sex offender registration.

The state categorizes sex offenders into different tiers depending on the severity of their crime.
Tier I: Generally includes those convicted of CSC 4th degree. This includes nonpublic registration, annual reporting, and registration for 15 years.
Tier II: Generally includes those convicted of 3rd degree CSC. This includes 25 years of sex offender registration and in-person reporting twice a year.
Tier III: Generally includes those convicted of CSC1st degree and CSC 2nd degree. This involves in-person reporting for life and being on the Michigan sex offender registry for life.

If convicted of a CSC crime you must report your personal contact information like your address, email address, phone number, and vehicle to the state. Any changes in employment and enrollment in higher education must be reported as well.

The law in Michigan that all CSC registrants had to live 1000 feet away from a school was removed in 2020. Many if not all schools themselves would not allow a person on the Registry to interact with students if that registration is known.  

All CSC cases are different and can include different angles to beat the case. At ArborYpsi Law we question everything and are not afraid to challenge the prosecution. Some examples of defense can be challenging the DNA evidence. Was the DNA obtained by a trained technician? What lab processed the DNA? Are they a credible, accredited lab? Another defense can question the relationship of the victim and defendant. Was the sexual act consensual? What party initiated the sexual act? Was there a previous romantic relationship already established prior to the alleged crime? Were there drugs and alcohol involved that could have distorted the view of each parties’ recollection of what occurred? 

Yes, a CSC charge can affect your employment. A lot of employers will run background checks prior to hiring an individual. A CSC charge on your record can result in not obtaining the job.

Yes, a CSC charge can affect your professional license. If convicted of a felony it is mandatory to report the conviction to your state licensing board.