Legal Question in Criminal Law in Michigan

my cousins have been accused of oral sex with thier sisters occurring six years ago. they have been charged with 1st degree CSC. seems to me it shoudl have been a simple case of incest wihtout such a severe felony charge. can this be appealed? under which michigan statute? 1st degree CSC for incest between youngsters the age of 8-13 seems wrong somehow.


Asked on 9/28/09, 2:59 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

"Simple case of incest"??! Michigan does not have a crime called just "incest".

Michigan DOES have various Criminal Sexual Conduct crimes (1st through 4th degrees). Under the abbreviated facts that you gave us (which did not include telling use the exact ages of the parties when the incidents occurred), the following charges could be issued:

CSC 1st involving sexual penetration (oral sex is included in the definition of sexual penetration) + the victim being under 13, OR the victim being 13-15 yrs old and the victim and defendant were related by blood or affinity to the 4th degree, or the defendant and victim were members of the same household. CSC 1st degree carries up to Life or any term of years maximum.

CSC 2nd degree involving sexual contact (touching) + the victim being under 13, OR the victim being 13-15 yrs old and the victim and defendant were related by blood or affinity to the 4th degree, or the defendant and victim were members of the same household. CSC 2nd degree carries up to 15 years maximum.

CSC 3rd degree involving sexual penetration + the victim being 13-15 yrs old OR the victim and defendant were related by blood or affinity to the 3rd degree, OR the penetration was accomplished through force or coersion. CSC 3rd degree carries up to 15 years maximum.

CSC 4th degree involving sexual contact (touching) + the victim being 13-15 yrs old and the defendant being at least 5 years older, OR the sexual contact was accomplished through force or coercion, OR the defendant and victim were delated by blood or affinity within the 3rd degree. CSC 4th degree carries up to 2 years maximum and/or $500 fine.

The penality information listed only applies to cases charged/prosecuted as adults. If these are juvenile delinquency prosecutions, the jail/prison penalties do not apply because juvenile delinquency prosecutions do not involve punishment, just rehabilitation.

All CSC convictions/adjudications result in registration on the sex offender registry.

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Answered on 10/05/09, 9:15 am


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