Michigan Criminal Sexual Conduct In The 4th Degree: Law Explained
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In Michigan, criminal sexual conduct in the 4th degree (CSC-4) involves non-consensual contact rather than penetration and typically includes acts of unwanted or coerced touching of intimate parts. It can also apply when the victim is between the ages of 13 and 15 and the offender is more than five years older, or when the victim is mentally incapable, mentally disabled, or physically helpless.
In Michigan, criminal sexual conduct in the 4th degree is a serious “high misdemeanor” punishable by up to two years in prison. Survivors of this offense often face lasting trauma, fear, and emotional distress. Understanding how this crime is defined, what penalties apply, and how survivors can pursue justice in both criminal and civil court is essential to rebuilding and healing.
Because these cases are sensitive and complex, survivors need an experienced attorney who understands our state’s sex crime laws, can protect their privacy, and will advocate for accountability.
At our law firm, our attorneys are dedicated to fighting for survivors with compassion, professionalism, and the determination to achieve justice and fair compensation.
What is criminal sexual conduct 4th degree in Michigan?
In Michigan, under MCL 750.520e, criminal sexual conduct in the 4th degree occurs when a person engages in sexual contact (intentional touching of intimate parts for sexual purposes) with another person under specific unlawful circumstances.
CSC-4 differs from the other degrees as follows:
- CSC-1 involves non-consensual penetration with severe aggravating factors (weapons, injuries, or victims under 13).
- CSC-2 involves non-consensual contact with similar aggravating factors.
- CSC-3 involves non-consensual penetration without the extreme elements required for CSC-1.
- CSC-4, by contrast, covers non-penetrative non-consensual contact that occurs without consent or involves certain age, authority, or incapacity factors.
Examples of CSC-4 under MCL 750.520e(1) include:
- The victim is 13, 14, or 15 years old, and the defendant is five or more years older than the victim.
- The non-consensual contact occurs through force, coercion, concealment, or surprise.
- The victim is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless.
- The offender is related to the victim by blood or affinity to the third degree.
- The offender uses a position of authority or trust (such as teacher, counselor, or caregiver) to accomplish the contact.
What are the penalties for criminal sexual conduct 4th degree in Michigan?
In Michigan, criminal sexual conduct in the 4th degree is a high misdemeanor under MCL 750.520e(2), meaning it is treated as a felony for procedural purposes and carries serious penalties, including imprisonment for up to 2 years, a fine up to $500, or both.
- General penalty – Up to two years in prison and/or a fine of $500. (MCL 750.520e(2))
- Sex Offender Registry – A CSC-4 conviction is a Tier II offense under MCL 28.722(t)(x) when the victim is between 13 and 17 years old. Offenders must register for 25 years under MCL 28.723(1)(a) and MCL 28.725(12).
- Restitution – Courts must order restitution for counseling, medical costs, and lost income under MCL 769.1a(4) and MCL 780.766(4)
Do I need a lawyer?
In Michigan, survivors of criminal sexual conduct in the 4th degree benefit from experienced, trauma-informed representation to protect their rights and navigate the complex process of reporting, prosecution, and civil recovery.
An attorney can:
- Guide you through the process – Explain each stage, from reporting to court appearances.
- Coordinate with prosecutors – Ensure your safety and rights are protected throughout.
- Pursue civil remedies – File a separate civil case for damages and accountability.
- Preserve confidentiality – Request pseudonyms (e.g., “Jane Doe”) and protective orders to safeguard your privacy.
- Hold institutions accountable – Investigate negligent employers, schools, or organizations that enabled the assault.
- Provide advocacy and support – Connect you with counseling, victim advocates, and survivor resources.
How do I file a civil lawsuit related to a 4th degree criminal sexual conduct case in Michigan?
A criminal case punishes the offender, but a Michigan civil lawsuit allows survivors of 4th degree sexual conduct to recover damages for the harm they suffered. You can pursue a civil claim even if the perpetrator was not convicted because the burden of proof in a civil case is lower, i.e., proof by a “preponderance of the evidence” (meaning it is more likely than not the assault occurred).
Defendants in a civil CSC-4 case may include:
- The perpetrator – For assault, battery, or intentional infliction of emotional distress.
- Employers, institutions, or organizations – If they negligently hired, supervised, or retained the offender and the assault occurred within the scope of employment.
- Schools, churches, or care facilities – If they failed to implement safety policies, supervision, or proper reporting procedures.
An attorney will investigate the incident, gather records and witness testimony, and file the case in the appropriate state court.
How long do I have to file a civil lawsuit?
State law provides extended time limits for survivors of sex crimes to file civil lawsuits:
- Adult survivors – Under MCL 600.5805(6), survivors have 10 years from the date of the assault to file a lawsuit.
- Survivors who were minors – Under MCL 600.5851b(1), minors can file until the later of:
- Their 28th birthday, or
- Three years after discovering the connection between the assault and their injuries.
Because these statutes can change and exceptions may apply, survivors should speak with an attorney immediately to preserve their rights.
What type of compensation is available?
In Michigan, civil lawsuits for 4th degree criminal sexual conduct can provide both economic and noneconomic damages, including:
- Medical and psychological treatment – Psychiatric and psychological therapy, long-term counseling, doctor visits, hospitalization, surgery, and medications.
- Pain and suffering – Physical pain, emotional trauma, humiliation, anxiety, and loss of enjoyment of life (M Civ JI 50.02).
- Exemplary damages – In cases involving malicious or reckless conduct, these damages may compensate for mental anguish, humiliation, and outrage.
- Lost income and earning capacity – For time missed from work or long-term career impact.
These forms of compensation are authorized under MCL 600.6305 and related jury instructions.
What elements must be proven for a 4th degree criminal sexual conduct charge in Michigan?
In Michigan, to convict a defendant of criminal sexual conduct of the 4th degree, prosecutors must prove the following elements beyond a reasonable doubt under MCL 750.520e(1):
- The defendant engaged in non-consensual contact with another person.
- The contact occurred under one or more of the following circumstances:
- The victim was 13, 14, or 15, and the defendant was five or more years older.
- The non-consensual contact was through force, coercion, concealment, or surprise.
- The victim was mentally incapable, mentally disabled, mentally incapacitated, or physically helpless.
- The offender was related to the victim by blood or affinity to the third degree.
- The offender used a position of authority or trust to gain access to or coerce the victim.
Are there ways to keep my identity or information confidential in my case?
In Michigan, survivors of criminal sexual conduct in the 4th degree can request court protections to maintain privacy in civil cases. Depending on circumstances, you may be permitted to file as “Jane Doe” or “John Doe” and seek protective orders restricting access to personal details, medical records, and identifying information.
Our state courts recognize that survivors face unique risks of emotional harm or retaliation. Following Doe v Bodwin and Doe v Borromeo, courts weigh a survivor’s privacy and safety interests against the public’s right to open proceedings. Relevant factors include:
- Whether the case would force disclosure of intensely private information.
- Whether the plaintiff challenges government or private conduct.
- Whether the plaintiff would be compelled to admit an intent to engage in illegal conduct.
Additional protections are available under state law:
- MCL 780.758(1) and MCL 780.818 (Crime Victim’s Rights Act) restrict disclosure of victim identity and exempt certain data from FOIA.
- MCR 1.109(D)(9)(b)(vii) allows courts to make personal identifying information confidential.
- MCL 8.119(I) permits courts to seal records for good cause to safeguard privacy or safety.
An attorney can help you file these requests early to protect your confidentiality throughout litigation.
Have you been the victim of criminal sexual conduct in the 4th degree in Michigan? Let our attorneys help you get the justice you deserve!
If you’ve been a victim of criminal sexual conduct in the 4th degree in Michigan, the aftermath can be overwhelming—but you don’t have to face it 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.
Our experienced team of lawyers combines compassion with courtroom experience. We work tirelessly to help survivors of sex crimes rebuild their lives and hold offenders, and negligent institutions, accountable.
We can help you:
- Understand your rights and legal options under state 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 lawyers today for a free, completely confidential consultation.
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