Degrees of Criminal Sexual Conduct In Michigan Explained
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Degrees of criminal sexual conduct in Michigan are used to classify sexual assault and abuse based on the severity of the act. These offenses consider factors such as the victim’s age, the use of force or coercion, and whether the crime involved sexual contact or sexual penetration.
Each degree represents a different level of harm and carries unique penalties, from lengthy prison sentences to lifetime registration on our state’s Sex Offender Registry. For survivors, understanding the distinctions can help clarify both your legal rights and the paths available to pursue justice.
Because our state’s CSC laws are highly technical and emotionally charged, survivors need guidance from attorneys who understand not just the law but also the impact of trauma.
Our team of sexual assault lawyers combines legal expertise with compassion. We stand beside survivors in both criminal and civil cases, ensuring your rights are protected, your privacy respected, and your voice heard.
What are the degrees of criminal sexual conduct in Michigan?
Michigan divides criminal sexual conduct into four main categories: first, second, third, and fourth degree.
- First and third degree offenses involve sexual penetration.
- Second and fourth degree offenses involve sexual contact (intentional touching for sexual purposes).
- The degrees differ based on the victim’s age, mental or physical condition, the use of force or coercion, and the offender’s position of authority or trust.
In our state, each degree of CSC is a felony, except CSC-4, which is a high misdemeanor (punishable by up to two years in prison).
First degree criminal sexual conduct in Michigan
First-degree criminal sexual conduct (CSC-1) is Michigan’s most serious sexual assault charge. It involves sexual penetration combined with extreme aggravating factors. Under MCL 750.520b, CSC-1 includes assaults where:
- The victim is under 13 years old
- The victim is 13 to 15 and the offender is a household or family member, in a position of authority or trust, or employed or volunteering in a school, childcare, or foster setting that gives them access to the victim.
- The act involves force, coercion, or a weapon, or causes serious personal injury.
- The victim was physically helpless or mentally incapable of consent.
- There were multiple assailants or the act occurred during another felony.
In Michigan, first degree criminal sexual conduct is punishable by up to life in prison, with mandatory 25-year minimums for certain child victims and lifetime electronic monitoring for offenders 17 or older when the victim is under 13 (MCL 750.520b(2)(a), (b); MCL 750.520n(1)). It also requires lifetime registration on our state’s Sex Offender Registry. (MCL 28.722(v)(iv); MCL 28.723(1)(a); MCL 28.725(13))
In addition, the court may impose consecutive sentences, allowing a CSC-1 prison term to run consecutively to any sentence for “any other criminal offense” arising from the same incident. (MCL 750.520b(3)), and will order restitution for expenses related to counseling, medical treatment, and lost wages. (MCL 769.1a(4); MCL 780.766(4))
Survivors of CSC-1 can pursue civil lawsuits for damages such as medical expenses, lost income, and emotional distress. An experienced sexual assault lawyer can help you understand your legal rights and seek justice.
Second degree criminal sexual conduct in Michigan
In Michigan, second degree criminal sexual conduct (CSC-2) involves sexual contact rather than penetration, combined with aggravating factors similar to CSC-1. Under MCL 750.520c, examples include:
- Touching the intimate parts of a child under 13.
- Sexual contact with a 13- to 15-year-old where the offender holds a position of trust or authority.
- Using force, coercion, or threats to obtain sexual contact.
- Contact with victims who are mentally incapacitated or physically helpless.
In Michigan, second degree criminal sexual conduct, which is a felony, is punishable by up to 15 years imprisonment (MCL 750.52c(2)(a)). A person convicted of CSC-2 must register on the Sex Offender Registry. When the victim is 13 years of age or older, CSC-2 is a Tier II offense requiring registration for 25 years. If the victim is under 13, it is a Tier III offense requiring lifetime registration. (MCL 28.723(1)(a); MCL 28.722(t)(x), (v)(v); MCL 28.725(12)-(13)).
A person convicted of CSC-2 is also subject to lifetime electronic monitoring if the offender is 17 or older and the victim is under 13, as required by MCL 750.520n(1).
In addition, the court will order restitution for expenses related to medical treatment, lost wages, and counseling related to the assault (MCL 769.1a(4); MCL 780.766(4))
Survivors of CSC-2 may seek compensation through civil litigation even if no criminal conviction occurs.
Third degree criminal sexual conduct in Michigan
In Michigan, third-degree criminal sexual conduct (CSC-3) involves sexual penetration without the extreme aggravating factors required for CSC-1. Under MCL 750.520d, this includes situations where:
- The victim is 13 to 15 years old
- The victim is 16 or 17 and the offender is a teacher, administrator, or employee of the school or district.
- The victim is a special-education student (ages 16–25) and the offender is a teacher or administrator in that program.
- The victim was physically helpless, mentally incapacitated, or coerced into penetration.
In Michigan, a third degree criminal sexual conduct conviction is a Tier III offense under MCL 28.722(v)(iv). It is punishable by up to 15 years in prison. (MCL 750.520d(2)). An individual convicted of CSC-3 must also register as a sex offender for life pursuant to MCL 28.723(1)(a) and MCL 28.725(13).
Restitution for expenses related to counseling, medical treatment, and lost wages is also available to survivors pursuant to MCL 769.1a(4) and MCL 780.766(4)).
Sexual assault victims may pursue a civil lawsuit to recover damages for the losses and trauma arising from the assault.
Fourth degree criminal sexual conduct in Michigan
Fourth-degree criminal sexual conduct (CSC-4) involves sexual contact (not penetration) under less severe circumstances than CSC-2 but still carries serious consequences. Under MCL 750.520e:
- The victim is 13 to 15 years old, and the offender is at least five years older.
- The offender uses force, coercion, or concealment to achieve sexual contact.
- The victim is mentally incapable, mentally disabled, or physically helpless.
- The offender holds a position of authority or trust (such as teacher, counselor, or caregiver).
In Michigan, fourth degree criminal sexual conduct is a high misdemeanor punishable by up to two years in prison and a $500 fine (MCL 750.520e(2)). If the victim is 13–17 years old, it is a Tier II Sex Offender Registry offense requiring 25 years of registration (MCL 28.723(1)(a); MCL 28.722(t)(x); MCL 28.725(12)).
The judge will also order restitution for expenses related to lost wages, counseling, and medical treatment. (MCL 769.1a(4); MCL 780.766(4))
Survivors may still pursue civil lawsuits to recover damages for the trauma and losses caused by the assault.
Do I need a lawyer?
In Michigan, survivors of first- through fourth-degree criminal sexual conduct deserve experienced legal representation. An attorney can guide you through the criminal process, help you pursue civil compensation, and ensure your rights and privacy are protected.
A sexual assault lawyer can:
- Explain each step of the investigation and prosecution.
- Coordinate with prosecutors while protecting your confidentiality.
- Investigate potential civil claims for negligence or institutional failure.
- File for pseudonymous (“Jane Doe” or “John Doe”) status to keep your identity private.
- Connect you with survivor advocacy and trauma recovery services.
Can I sue for damages?
In Michigan, survivors of first- through fourth-degree criminal sexual conduct can file civil sexual assault lawsuits for money damages even if the offender was never charged or convicted. Civil claims are separate from the criminal process and require proof by a “preponderance of the evidence,” a lower standard than in criminal court.
Civil claims can be filed against:
- The perpetrator, for intentional torts like assault and battery.
- Employers, schools, or institutions that failed to protect you, if the assault occurred within the scope of employment or under negligent supervision.
How to file a civil lawsuit
Your attorney will:
- Gather evidence such as police reports, medical records, and witness statements.
- Identify all responsible parties.
- File the complaint in the appropriate state court.
- Pursue discovery and negotiate for settlement or trial.
A civil case empowers survivors to obtain financial recovery for the harm they suffered while also holding offenders and negligent institutions accountable.
How long do I have to file a civil lawsuit?
Under Michigan law, adult survivors of first- through fourth-degree criminal sexual conduct have 10 years from the date of the attack to file a civil lawsuit, as allowed by the statute of limitations MCL 600.5805(6).
Survivors who were minors when assaulted may file until the later of the following, under MCL 600.5851b(1):
- They reach age 28, or
- Three years after discovering the connection between their assault and resulting injuries.
Because deadlines can change, it’s important to consult our experienced attorneys as soon as possible.
Are there ways to keep my identity or information confidential in my case?
In many cases, survivors can take legal measures to safeguard their privacy during a civil sexual assault proceeding. Depending on the circumstances, you may be permitted to file your lawsuit using a pseudonym such as “Jane Doe” or “John Doe” and seek protective orders that restrict access to your personal information, medical records, or other identifying details.
Our state courts allow survivors to proceed anonymously when revealing their identity could subject them to emotional distress, retaliation, or additional trauma.
Judges apply the balancing test described in Doe v Bodwin and Doe v Borromeo, which weigh the survivor’s privacy and safety concerns against the public’s right to open judicial proceedings. Courts generally consider:
- Whether pursuing the lawsuit would compel disclosure of deeply private or sensitive matters.
- Whether the plaintiff is challenging actions of a government entity or private party.
- Whether the plaintiff would need to admit an intent to engage in unlawful conduct.
In addition, several of our state’s statutes and court rules provide further protection for survivor confidentiality:
- MCL 780.758(1) and MCL 780.818, part of the Crime Victims Rights Act, limit the disclosure of identifying information and may exempt victim data from public-record requests under the Freedom of Information Act.
- MCR 1.109(D)(9)(b)(vii) authorizes courts to protect personal identifying details through confidentiality orders.
- MCL 8.119(I) permits a court to seal records for good cause shown to safeguard privacy or safety interests.
By working with our experienced attorneys, survivors can pursue these legal protections early in their case to help ensure their identity and personal information remain confidential throughout the proceedings.
Were you the victim of first-, second-, third-, or fourth-degree criminal sexual conduct in Michigan? Let our attorneys help you get the justice you deserve!
In Michigan, surviving first-, second-, third-, or fourth-degree criminal sexual conduct is devastating, but you don’t have to face the aftermath alone. Whether you’re considering reporting it to the police, pursuing a civil claim, or protecting your identity through confidential filings, our attorneys are here to guide you every step of the way.
The experienced team at Michigan Sexual Assault Lawyers combines compassion with courtroom experience. We work tirelessly to help survivors of criminal sexual conduct rebuild their lives and hold offenders, and negligent institutions, accountable.
We can help you:
- Understand your rights and legal options under our state’s law
- Connect with trauma-informed professionals for medical and emotional support
- Protect your privacy through careful case management and, when appropriate, pseudonymous filings
- Pursue justice through both criminal advocacy and civil compensation claims.
Our firm has built its reputation on helping survivors achieve justice with integrity, discretion, and unwavering advocacy. If you or a loved one has been sexually assaulted, don’t wait. Call our attorneys today for a free, completely confidential consultation.
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