- October 02, 2025
- Sex Crimes
Michigan law uses the term “criminal sexual conduct” (CSC) rather than “rape” or “sexual assault.” The state statute divides the crime into four degrees, each of which carries different penalties. The degree of charge you could face depends on the specific facts of your case, and understanding the differences can help you make informed choices about your defense.
First-Degree Criminal Sexual Conduct
First-degree CSC is the most serious. This degree involves sexual penetration combined with certain aggravating factors. Some of those include:
- The alleged victim is under 13
- The alleged victim is between 13 and 16 and related to the accused, lives in the same household, or the accused has authority over them (for example, a teacher or coach)
- Force or coercion that caused injury
- The aggressor was armed
- Multiple offenders were involved
A conviction carries a possible sentence of up to life in prison. In cases involving a child under 13, there’s a mandatory minimum sentence of 25 years. If convicted, you’ll be required to register as a sex offender and may be subject to lifetime electronic monitoring.
Second-Degree Criminal Sexual Conduct
Second-degree CSC involves sexual contact instead of penetration. Like first-degree CSC, aggravating factors make the offense more serious. Examples include:
- Contact with someone under 13
- Contact with a person between 13 and 16 under certain circumstances (household member, relative, authority figure)
- Using force or coercion
- The accused was armed
- The alleged victim sustained personal injury
A conviction can result in up to 15 years in prison and sex offender registration.
Third-Degree Criminal Sexual Conduct
Third-degree CSC involves sexual penetration without any aggravating factors that raise it to first degree. For example:
- Sexual penetration with someone between 13 and 16
- Sexual penetration through force or coercion
- Sexual penetration when the alleged victim is incapacitated or unable to consent due to age, mental capacity, or intoxication
Third-degree CSC is punishable by up to 15 years in prison. Like the previous degrees, a conviction also requires sex offender registration.
Fourth-Degree Criminal Sexual Conduct
Fourth-degree CSC is the least serious degree, but it’s still a high court misdemeanor. It involves sexual contact without penetration. You could face a fourth-degree CSC charge if you’re accused of:
- Sexual contact with someone between 13 and 16
- Sexual contact using force or coercion
- Sexual contact with a person who cannot consent because of mental incapacity or intoxication
A conviction carries up to two years in prison or jail, along with fines.
Defending Against CSC Charges
Just because you were accused of CSC doesn’t mean you’re guilty – or that you’ll be convicted. These cases can be complex. Your defense will depend on the unique facts of your case and the quality of your legal representation. Some common defenses against criminal sexual conduct in Michigan include:
- Consent
- Mistaken identity
- False allegations
- Lack of, or unreliable evidence
- Improper police procedures and Constitutional violations
- Misrepresented age
One key point to remember is that prosecutors may try to pressure you into accepting a plea deal. Many people think it’s their only option, but that’s not true. You have the right to fight the charges and present a strong defense. Your CSC criminal defense attorney will help you understand your defense options, the most likely outcomes, and what the best path forward may be.
Learn More from a Skilled Michigan Criminal Defense Attorney
With more than 30 years of experience in state and federal criminal law, the Law Office of John Freeman knows how to dismantle CSC cases. John Freeman doesn’t take the first plea deal offered – he fights for the best possible outcome for every client. If you’re facing CSC charges, contact the Law Office of John Freeman today to protect your future.