Legal Question in Criminal Law in Michigan

Re: 4th degree sexual misconduct

4th degree criminal sexual conduct is a crime that, although called a high misdemeanor, carries up to two years in prison and is treated as a felony.

The elements include toughing a person's breasts or genital for sexual gratification. Think "groping" or pinching the rear end of a waitress.

I would need more facts to be able to tell you if the allegations support a claim of CSC 4th. It is a serious charge. A person convicted will have to register as a sexual offender. Feel free to call me for more information.

-Tom

Re: 4th degree sexual misconduct

It is an unwanted sexual touching of another person. It can result in spending up to two years in prison. Conviciton requires registration as a sex offender for 25 years.

Attorney Mike Cronkright has an excellent track record with these cases throughout Michigan. I'd recommend that you phone him at 1 8005766035.

www.AggressiveCriminalDefense.com

Re: 4th degree sexual misconduct

750.520e Criminal sexual conduct in the fourth degree; misdemeanor.

Sec. 520e.

(1) A person is guilty of criminal sexual conduct in the fourth degree if he or she engages in sexual contact with another person and if any of the following circumstances exist:

(a) That other person is at least 13 years of age but less than 16 years of age, and the actor is 5 or more years older than that other person.

(b) Force or coercion is used to accomplish the sexual contact. 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 that threat.

(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 that threat. As used in this subparagraph, �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 which are medically recognized as unethical or unacceptable.

(v) When the actor achieves the sexual contact through concealment or by the element of surprise.

(c) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.

(d) Omitted in this response

(e) The actor is a mental health professional and the sexual contact occurs during or within 2 years after the period in which the victim is his or her client or patient and not his or her spouse. The consent of the victim is not a defense to a prosecution under this subdivision. A prosecution under this subsection shall not be used as evidence that the victim is mentally incompetent.

(f) That other person is at least 16 years of age but less than 18 years of age and a student at a public or nonpublic school, and the actor is a teacher, substitute teacher, or administrator of that public or nonpublic school. This subdivision does not apply if the other person is emancipated or if both persons are lawfully married to each other at the time of the alleged violation.

(2) Criminal sexual conduct in the fourth degree is a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $500.00, or both.