First Degree Criminal Sexual Conduct
Criminal Sexual Conduct CSC in the First Degree is punishable by up to life in prison. There are also registration requirements which are detailed here.
Proving Criminal Sexual Conduct for a First Degree Charge
To prove the charge of First Degree Criminal Sexual Conduct, the prosecutor must prove the following elements beyond a reasonable doubt:
First that the defendant engaged in a sexual act that involved one of the following:
- Entry into the complainants (Victim) genital opening/anal opening by the defendant’s penis/finger/tongue/object. Any entry, no matter how slight, is enough. It does not matter whether the sexual act was completed or whether semen was ejaculated OR
- Entry into Complainant’s mouth by the defendant’s penis. Any entry, no matter how slight, is enough. It does not matter whether the sexual act was completed or whether semen was ejaculated OR
- Touching of Complainant’s genital openings/general organs with Defendant’s mouth or tongue OR
- Entry by any part of one person’s body/some object into the genital or anal opening of another person’s body. Any entry, no matter how slight, is enough it is alleged in the case that a sexual act was committed by (state the alleged act). It does not matter whether the sexual act was completed or whether semen was ejaculated.
In addition to the above requirements, there is a further requirement with several alternatives which I will describe briefly as follows:
And in addition to the above
- That the Complainant was less than 13 years old at the time of the alleged act OR
- That the Complainant was 13, 14, or 15 at the time of the alleged act and there is some kind of family relationship that is described more fully in the statute OR
- That the Complainant was mentally incapable/mentally incapacitated/physically helpless at the time of the alleged act OR
- That the Defendant used force or cohersion to commit the sexual act OR
- That the Defendant was armed at the time with a weapon or with any object capable of causing physical injury that the Defendant used as a weapon OR
- With any other object used or fashioned in a manner to lead the Complainant to reasonably believe that it was a weapon OR
- That the Defendant caused personal injury, which means bodily injury, disfigurement, chronic pain, pregnancy, disease, loss or impairment of a sexual or reproductive organ, or mental anguish. Mental anguish means extreme pain, extreme distress, or extreme suffering, either at the time of the event or later as a result of it.
Please keep in mind there are many more intricacies that involve definitions and explanations of the above statute. Please note again that this section dealing with First Degree Criminal Sexual Conduct we are providing a brief summary and not meant to replace the entire actual statutory scheme surrounding Criminal Sexual Conduct in the First degree.
Sex Crime Defense Lawyers in Kalamazoo
Because the laws surrounding First Degree Criminal Sexual Conduct are so complex, you cannot go through this alone. Without an attorney on your side, odds are you’ll face the maximum penalties for the alleged crime. You may be required to register as a sex offender, which can turn your life inside out. Minimize the consequences as much as possible by allowing a seasoned criminal defense attorney to represent you. The attorneys at Hills at Law, P.C. have more than 100 years of combined experience which includes representing clients facing charges for sex crimes. Moreover, attorney Beckett Jones has handled Petitions for Discontinuation of Sex Offender Registration since joining our firm in 2011.
Charged with First Degree Criminal Sexual Conduct? Contact Hills Law Today
Sex crimes can have dire consequences, especially if you’re convicted in the court of public opinion before your case ever goes to trial. Invoke your right to remain silent and contact an attorney immediately. The best lawyers work tirelessly to defend you. To schedule a consultation with the attorneys at Hills at Law, P.C., contact us today. Our office is conveniently located near Kalamazoo College and Western Michigan University.