Difference Between 1st 2nd 3rd Degree Sexual Assault

A 1st, 2nd, or 3rd degree sexual assault conduct (CSC) charge may terrify a defendant more than any other charge, with the possible exception of murder. Many people in society would classify someone found guilty of any of these counts as a child molester or a sexual predator. In Michigan, charges for sexual assault fall into four categories. It is very likely that someone found guilty of first-, second-, or third-degree CSC crimes will receive a jail sentence. Most people found guilty of CSC in the fourth degree often serve some time in prison.

Convicted parties to these offenses must register with Michigan as 1st, 2nd, or 3rd degree sexual assault. The distinctions between the four groups will be covered in this article. This blog post will elucidate the distinctions.distinctions between first-, second-, and third-degree sexual assault.

An accusation of sexual assault will be classified as either a first- or third-degree CSC if it involves any kind of penetration.

1st Degree Offenses

A person found guilty of first-degree CSC faces a minimum sentence of at least 25 years in prison and a maximum term of life in prison. Additionally, mandatory lifetime electronic monitoring will be a burden for the individual.

The following conditions must be met in order for a prosecutor to prosecute a defendant with first-degree criminal sexual conduct:
The victim is not yet thirteen years old.

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  1. If the victim is at least 13 but not older than 15, and if the defendant is the victim’s relative, if the victim resides in the defendant’s home, or if the defendant holds a position of responsibility over the victim,
  2. If the accused is an instructor or an official at the educational institution, the victim is under 16 years old, and the defendant works for the school where the child attends or is a contract employee of the school,
  3. when the victim was rendered incapable or when coercion or force was utilized to engage in sexual penetration;
  4. The sexual attack was completed with the use of a weapon.
  5. A personal injury resulted via compulsion or force;
  6. A sufferer who was unable to move had a personal injury.
  7. The defendant was sexually attacked while undergoing medical treatment or an examination for medical grounds; the defendant was also involved in another criminal

2nd Degree Offenses

Charges in situations where there has been sexual activity but no penetration will come under the 2nd or 4th degree CSC classifications. If someone is found guilty of second-degree CSC, they may be sentenced to up to 15 years in prison, have their record recorded on the Michigan Sex Offender Registry, and, if the victim was under 13, be subject to lifelong electronic monitoring. The following regions are included in sexual touch, although there is no penetration: the inner thigh, breast, buttock, and groin.

A defendant may be charged with second-degree criminal sexual behavior if any of the following are true:

  1. The sexual assault victim is under the age of thirteen; the victim, who resides in the home of thirteen to fifteen years old, The victim is under the authority of the defendant, the defendant’s relative, or the defendant itself.
  2. A substitute teacher, a teacher, or an administrator at a school in the victim’s district is the individual accused of sexual assault.
  3. The victim and the defendant both reside in the same district and are employed by schools.
  4. The victim was rendered helpless or coerced during the attack; a weapon was employed
  5. The victim sustained personal injuries as a result of coercion or force being utilized.
  6. The victim was hurt and rendered unable, and the accused was committing a crime at the time.
  7. The defendant was sexually attacked while undergoing medical care or an examination.

3rd Degree Offenses

Any 1st, 2nd, or 3rd degree sexual assault assault with penetration that lacks sufficient evidence to warrant a first-degree CSC charge will be prosecuted as a third-degree CSC. If found guilty of this offense, the maximum penalty is fifteen years in jail and a listing on the sex offender register.

If the following conditions are met, a charge of third-degree criminal sexual behavior is appropriate:

  1. in the event that the victim is 13 to 16 years old;
  2. If force or coercion is applied,
  3. If the accused was aware that the victim was mentally or physically incapable at the time of the sexual penetration,
  4. The victim and the defendant are related.
  5. In the event that the victim, who is a student attending the school where the accused works as a volunteer, administrator, substitute teacher, or service provider, is between the ages of 16 and 26, then the offender may be held legally responsible.

4th Degree Offenses

A person will be charged with criminal sexual conduct in the fourth degree if an allegation of sexual assault without penetration does not satisfy the conditions for criminal sexual conduct in the second degree. A person found guilty of this offense faces up to two years in jail and must register as a sex offender.

The following circumstances will result in the filing of criminal charges for 1st, 2nd, and 3rd degree sexual assault conduct:

  1. The accused is at least five years older than the victim, who is between the ages of 13 and 16.
  2. Force or coercion, is applied
  3. The accused is aware that the victim was mentally or physically incapable;
  4. The defendant and the victim are related (to the third degree).
  5. The defendant is seen as having mental health issues.
  6. professional, and the sexual activity takes place two years after the witness who filed the complaint is treated.
  7. The victim, who is a student in the district or school where the defendant works as an administrator or teacher, is between the ages of sixteen and eighteen.The defendant works as a substitute teacher, administrator, employee, contract service provider, or teacher at the school where the victim, who is receiving special education services and is between the ages of 16 and 26, attends.

Defending Sex Crimes

Shawn can assist you in navigating the convoluted legal system and obtaining a favorable outcome for you through a plea agreement or a not guilty finding. At the Criminal Defense Law Center of West Michigan, our knowledgeable attorneys have even succeeded in having cases dismissed at the preliminary exam! If you are dealing with these very serious cases, do not choose a public defender or a court-appointed attorney.

Give Attorney Shawn James Haff of the Illegal Defense Law Center of West Michigan a call right now if you could be charged with, or are already being charged with, illegal sexual behavior in Michigan. Shawn is skilled at achieving the greatest outcomes for his customers! Make the call right away—it’s free!

Your work, freedom, and reputation are in the midst of Your entire family is impacted when you are accused of a crime. Help is urgently needed. You may rely on a knowledgeable attorney both inside and outside of the courtroom. We have been assisting individuals just like you for more than 20 years.

Final Thoughts

In Michigan, a person found guilty of any criminal sexual behavior charge faces severe repercussions. These transformative experiences will comprise:

  • High court fees and penalties
  • being unable to perform at specific locations
  • being turned down for jobs due to a criminal record or losing one’s job at the moment.
  • being refused permission to work in professions including nursing, medicine, law, teaching, or pharmacy, or having your license in those fields revoked in the event of a CSC conviction.
  • Your custody situation may suffer if you are a parent.
  • Deportation in the event that you lack U.S. citizenship

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