First Degree Criminal Sexual Conduct

Criminal Sexual Conduct First Degree In Michigan

Michigan Statute - 750.520b

If you are being investigated for First Degree Criminal Sexual Conduct, you must call an attorney immediately and do not speak with the police! They will already have gathered evidence against you and if their case is strong enough they will charge you whether or not you speak with them or not. Attorney McNeil has the experience to defend these charges and has secured not-guilty verdicts and dismissals on his clients’ behalf. He has real trial experience and has knowledge of the State Police polygraph techniques and their pre and post interview interrogations without counsel present. He has knowledge of the forensic exams given to alleged victims and how they can vary among professionals.

Hiring an attorney even before you are charged with this crime is crucial to preserving your rights and fighting for the truth. Your words can be misconstrued and later used against you. Call Attorney McNeil immediately 24 hours, 7 days a week for a free telephone consultation. He can speak with law enforcement officers for you and make sure that your rights are protected.

What This Means: If you are being investigated for, or have been charged with Criminal Sexual Conduct-First Degree, you are most likely facing a maximum penalty of life in prison. This statute is very complicated and there are many factors within the statute itself that can provide you with a solid defense. You need to contact an attorney who has handled this charge before and knows how to present this case to a jury and win. Call Attorney McNeil to explain this charge to you in more detail.

How We Can Help: Attorney William McNeil has represented numerous individuals charged with Criminal Sexual Conduct-First Degree and has secured not-guilty verdicts and dismissal of the charges as well. Your future depends on hiring a criminal defense attorney with the trial skills necessary to fight the prosecution and the weapons that they will bring to bear in your case. They will have the police, expert doctors, the state crime lab, and witness coordinators on their side, you need an attorney you can trust fighting for you on your side! Call Attorney McNeil today for a free telephone consultation so that you can begin fighting for your life immediately.

Definition of the Law: 750.520b. First degree criminal sexual conduct Sec. 520b.

(1) A person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration with another person and if any of the following circumstances exists:
(a) That other person is under 13 years of age.
(b) That other person is at least 13 but less than 16 years of age and any of the following:
(i) The actor is a member of the same household as the victim
(ii) The actor is related to the victim by blood or affinity to the fourth degree.
(iii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.
(iv) The actor is a teacher, substitute teacher, or administrator of the public or nonpublic school in which that other person is enrolled.
(c) Sexual penetration occurs under circumstances involving the commission of any other felony.
(d) The actor is aided or abetted by 1 or more other persons and either of the following circumstances exists:
(i) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
(ii) The actor uses force or coercion to accomplish the sexual penetration. Force or coercion includes, but is not limited to, any of the circumstances listed in subdivision (f).
(e) The actor is armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon.
(f) The actor causes personal injury to the victim and force or coercion is used to accomplish sexual penetration. Force or coercion includes, but is not limited to, any of the following circumstances:
(i) When the actor overcomes the victim through the actual application of physical force or physical violence.
(ii) When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute these threats.
(iii) When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute this threat. As used in this subdivision, “to retaliate” includes threats of physical punishment, kidnapping, or extortion.
(iv) When the actor engages in the medical treatment or examination of the victim in a manner or for purposes that are medically recognized as unethical or unacceptable.
(v) When the actor, through concealment or by the element of surprise, is able to overcome the victim.
(g) The actor causes personal injury to the victim, and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
(h) That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following:
(i) The actor is related to the victim by blood or affinity to the fourth degree.
(ii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.
(2) Criminal sexual conduct in the first degree is a felony punishable as follows:
(a) Except as provided in subdivisions (b) and (c), by imprisonment for life or for any term of years.
(b) For a violation that is committed by an individual 17 years of age or older against an individual less than 13 years of age by imprisonment for life or any term of years, but not less than 25 years.
(c) For a violation that is committed by an individual 17 years of age or older against an individual less than 13 years of age, by imprisonment for life without the possibility of parole if the person was previously convicted of a violation of this section or section 520c, 520d, 520e, or 520g [FN1] committed against an individual less than 13 years of age or a violation of law of the United States, another state or political subdivision substantially corresponding to a violation of this section or section 520c, 520d, 520e, or 520g committed against an individual less than 13 years of age.
(d) In addition to any other penalty imposed under subdivision (a) or (b), the court shall sentence the defendant to lifetime electronic monitoring under section 520n. [FN2]
(3) The court may order a term of imprisonment imposed under this section to be served consecutively to any term of imprisonment imposed for any other criminal offense arising from the same transaction.
Sec. 520b. (1) A person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration with another person and if any of the following circumstances exists:(a) That other person is under 13 years of age.(b) That other person is at least 13 but less than 16 years of age and any of the following:() The actor is a member of the same household as the victim.() The actor is related to the victim by blood or affinity to the fourth degree.() The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.() The actor is a teacher, substitute teacher, or administrator of the public or nonpublic school in which that other person is enrolled.(c) Sexual penetration occurs under circumstances involving the commission of any other felony.(d) The actor is aided or abetted by 1 or more other persons and either of the following circumstances exists:() The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.() The actor uses force or coercion to accomplish the sexual penetration. Force or coercion includes, but is not limited to, any of the circumstances listed in subdivision (f).(e) The actor is armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon.(f) The actor causes personal injury to the victim and force or coercion is used to accomplish sexual penetration. Force or coercion includes, but is not limited to, any of the following circumstances:() When the actor overcomes the victim through the actual application of physical force or physical violence.() When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute these threats.() When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute this threat. As used in this subdivision, “to retaliate” includes threats of physical punishment, kidnapping, or extortion.() When the actor engages in the medical treatment or examination of the victim in a manner or for purposes that are medically recognized as unethical or unacceptable.() When the actor, through concealment or by the element of surprise, is able to overcome the victim.(g) The actor causes personal injury to the victim, and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.(h) That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following:() The actor is related to the victim by blood or affinity to the fourth degree.() The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.(2) Criminal sexual conduct in the first degree is a felony punishable as follows:(a) Except as provided in subdivisions (b) and (c), by imprisonment for life or for any term of years.(b) For a violation that is committed by an individual 17 years of age or older against an individual less than 13 years of age by imprisonment for life or any term of years, but not less than 25 years.(c) For a violation that is committed by an individual 17 years of age or older against an individual less than 13 years of age, by imprisonment for life without the possibility of parole if the person was previously convicted of a violation of this section or section 520c, 520d, 520e, or 520g committed against an individual less than 13 years of age or a violation of law of the United States, another state or political subdivision substantially corresponding to a violation of this section or section 520c, 520d, 520e, or 520g committed against an individual less than 13 years of age.(d) In addition to any other penalty imposed under subdivision (a) or (b), the court shall sentence the defendant to lifetime electronic monitoring under section 520n. (3) The court may order a term of imprisonment imposed under this section to be served consecutively to any term of imprisonment imposed for any other criminal offense arising from the same transaction.