Second Degree Criminal Sexual Conduct
Criminal Sexual Conduct in the Second Degree is punishable by up to 15 years in prison. There also registration requirements that are extremely important to consider.
To prove a charge of Criminal Sexual Conduct in the Second Degree, the prosecutor must prove the following beyond a reasonable doubt:
First, that the defendant intentionally touched, or made someone touch, or permitted someone to touch his/her genital area, groin, inner thigh, buttock, or breast, or the clothing covering said area.
Second, that this was done for sexual purposes or could reasonably be construed as having been done for sexual purposes.
Third, one of several specific factors that will complete the charge of Criminal Sexual Conduct in the Second Degree. These include:
- Complainant under thirteen years of age OR
- Complainant was thirteen, fourteen, or fifteen years of age and under certain conditions dealing with relationships of authority over the complainant OR
- The sexual act occurred in conjunction with the commission of a felony OR
- The defendant was helped by another before or during the act, and the complainant was mentally incapable, mentally incapacitated, or physically helpless at the time of the alleged act OR
- The defendant was helped by another before or during the act and the defendant used force or coercion the commit the sexual act OR
- The defendant was armed at the time with a weapon, or any object capable of causing physical injury that the defendant used as a weapon, or any object used or fashioned in a manner to lead the complainant to reasonably believe it was a weapon OR
- The defendant caused personal injury to the complainant OR
- The defendant caused personal injury and the complainant was mentally incapable, mentally incapacitated, or physically helpless at the time of the alleged act OR
- The complainant was mentally incapable, mentally disabled, mentally incapacitated, or physically helpless at the time of the alleged act; and the defendant knew the complainant was mentally compromised; and the defendant and complainant were related to each other by blood or marriage; and the defendant was in a position of authority over the complainant.
Please keep in mind that these are only summaries of the complex laws that apply to Criminal Sexual Conduct in the Second Degree charges. Each portion of the law above has sub-parts and definitions that must be considered. The above is meant only to give readers a guidepost to the general law in this area.
Charged with Second Degree Criminal Sexual Conduct? Contact Hills Law Today
If you have been charged with a sex crime or are being investigated, call a Michigan criminal defense lawyer. We will help you find a Southwest Michigan criminal defense attorney with experience in criminal sexual conduct cases. Our federal criminal defense lawyers service nine Southwest Michigan counties, including Berrien, Kalamazoo, Van Buren and others.