Legal Question in Criminal Law in Michigan

If charges are issued, the odds are that they would be filed against him in the juvenile division of the family court as a delinquency offense. There is a VERY small possibility that he could be charged as an adult (maybe a 0.0007% chance). Juvenile court focuses only on rehabilitation, not punishment. (No jail, fines, etc ... usually probation, but occasionally a residential treatment setting.)

Some prosecutors would not charge 'voluntary sex' between minors unless there is an aggravating factor, which could include an age difference of 3 or more years, some kind of force/coersion, etc. I use the word 'voluntary' because a minor under 16 cannot legally "consent" to sexual activity in Michigan. On the other hand, some prosecutors will charge BOTH minotrs because each of them had sex with a minor under 16 years old.

The offense charged could be Criminal Sexual Conduct 1st Degree (a felony), CSC 2nd (a felony), CSC 3rd Degree (a felony) or CSC 4th Degree (a high-court misdemeanor), or any number of other sex-offenses, or non-sex assault offenses..

CSC 1st requires sexual penetration of a minor under 13 years old. CSC 2nd would fit if there was sexual contact (not penetration) of a minor under 13 years old. CSC 3rd would fit if there was force or coersion used to accomplish the penetration. CSC 4th would fit if there was sexual contact of a minor under 13 years old.

This boy and girl are both minors, but he is in a different age class for CSCs than the girl is. At those ages, the age difference is significant. It's essentially a 9th grade freshman against a 6th grade barely-out-of-elementary school child.

An adjudication for CSC 1st or 2nd would require a lifetime registration on the Michigan Sex Offender Registry, although until the 15-year old turned 18 it would not be viewable by the public. An adjudication for CSC 3rd or 4th would require a 25 year SOR registry and would never be viewable by the public; only a non-public registration would be kept so police and prosecutors could ensure that the defendant is complying with requirements for verification of residence.

The SOR implications are a sticking point on many CSC prosecutions because defendants do not want that stigma, or have to register when they move, etc. But the current law is The Law, and judges do not have discretion to give defendants a pass on that. But many prosecutors recognize that a lifetime registration may be inappropriate in a case and use that as a reason to reduce the charge to a 25-year SOR level, or even less. An adjudication for Gross Indecency (a felony) would not require SOR registry under current Michigan law, so that is a common plea bargain option.

Another option is for a respondent/defendant to petition for the case to be handled on "Consent Calendar" status, which is unique to juvenile court cases and lets a court dismiss a charge after successful completion of probation terms. Prosecutors and victims cannot veto this, but their voices have to be heard. Some judges refuse to use consent calendar on CSCs, and some others use it very frequently.

This boy needs to have legal representation so his rights are protected, whether he is charged or not. If he is charged, an attorney (hired or court-appointed) should be used to thoroughly investigate the case facts and try to get the most favorable outcome.

Your son needs legal representation ASAP. Until then, he, you, and your family should speak to no one about anything related to this incident(s). Nor should anyone contact the girl or her family.

Keep your eye on the mail until then.