Second Degree Criminal Sexual Conduct

Criminal Sexual Conduct Second Degree In Michigan

Michigan Statute -750.520c

If you are being charged with Criminal Sexual Conduct, Second Degree you must call Attorney McNeil immediately! If you are being investigated for this crime, there are rights that you have that need to be protected right away. Attorney McNeil has the experience neccesary to help you navigate the complicated legal system that is bearing down on you. The State Police and law enforcement have a great deal of power and will question you about any allegations that have been made against you, whether they are actually true or false. They are trained to give the benefit of the doubt to an alleged victim and you are not presumed innocent until proven guilty.

Attorney McNeil has extensive trial experience and has successfully defended individuals charged with Criminal Sexual Conduct Second Degree. He has secured not-guilty verdicts and has negotiated successful plea bargains for his clients. You deserve to have an attorney that you can trust and who will take your case to trial if necessary. The prosecutors have a large budget to convict you and have a great deal of resources at their disposal. Level the playing field and hire someone who will battle with you through a jury trial.

Call Attorney McNeil for a free telephone consultation 24 hours, 7 days a week! Your phone call will be returned promptly and you can begin to mount your defense and clear your name.

Definition of the Law: 750.520c. Second degree criminal sexual conduct

(1) A person is guilty of criminal sexual conduct in the second degree if the person engages in sexual contact 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 by blood or affinity to the fourth degree to the victim.

(iii) The actor is in a position of authority over the victim and the actor 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.

(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 contact. Force or coercion includes, but is not limited to, any of the circumstances listed in section 520b(1)(f).

(e) The actor is armed with a weapon, or any article used or fashioned in a manner to lead a person 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 the sexual contact. Force or coercion includes, but is not limited to, any of the circumstances listed in section 520b(1)(f).

(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.

(i) That other person is under the jurisdiction of the department of corrections and the actor is an employee or a contractual employee of, or a volunteer with, the department of corrections who knows that the other person is under the jurisdiction of the department of corrections.

(j) That other person is under the jurisdiction of the department of corrections and the actor is an employee or a contractual employee of, or a volunteer with, a private vendor that operates a youth correctional facility under section 20g of 1953 PA 232, MCL 791.220g, who knows that the other person is under the jurisdiction of the department of corrections.

(k) That other person is a prisoner or probationer under the jurisdiction of a county for purposes of imprisonment or a work program or other probationary program and the actor is an employee or a contractual employee of or a volunteer with the county or the department of corrections who knows that the other person is under the county’s jurisdiction.

(l) The actor knows or has reason to know that a court has detained the victim in a facility while the victim is awaiting a trial or hearing, or committed the victim to a facility as a result of the victim having been found responsible for committing an act that would be a crime if committed by an adult, and the actor is an employee or contractual employee of, or a volunteer with, the facility in which the victim is detained or to which the victim was committed.

(2) Criminal sexual conduct in the second degree is a felony punishable as follows:

(a) By imprisonment for not more than 15 years.

(b) In addition to the penalty specified in subdivision (a), the court shall sentence the defendant to lifetime electronic monitoring under section 520n if the violation involved sexual contact committed by an individual 17 years of age or older against an individual less than 13 years of age.

What This Means: This statute carries 15 years in prison and encompasses a great deal of activity. This statute has been used to charge teenagers who are accused of fondling or digitally penetrating their dates while they are allegedly physically helpless. This applies when the alleged victim is intoxicated or sleeping. Attorney McNeil has successfully defended individuals charged with criminal sexual conduct second degree due to their alleged victim being physically helpless. This statute also is being used to charge teachers when they have sexual relations with their students.

How We Can Help: We have all been programmed to be cooperative with law enforcement. However, you do not need to speak with law enforcement and you have the absolute right to not speak with them. This cannot be used against you in a court of law. You can be polite and answer basic questions concerning identity,etc., but do not ever speak with the police about the substance of the allegations being laid against you. Your attorney will be able to gather all of the evidence held by the prosecutor and can help you more if you do not give them statements to use against you. Call Attorney McNeil immediately after you find out you are being investigated by law enforcement.