Legal Question in Criminal Law in Michigan

csc-1 on juvenile record

Is a csc-1 against a juvenile a

felony and if yes will it carry

over on my adult record.


Asked on 12/11/06, 6:05 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: csc-1 on juvenile record

Yes ... and "no/yes". (And I am assuming you mean that you are/were a minor (under 17) when the crime happened ... not that the CSC was committed against a minor).

In Michigan, CSC 1st Degree (and 2nd and 3rd) is a felony. CSC 4th Degree is a so-called "high-court misdemeanor.

In Michigan, juvenile delinquency prosecutions are not 'criminal' ... they are civil cases, even though we use the same Penal Code laws to specify what behavior is delinquent. But, juvies are not convicted of "crimes" - - they are "adjudicated" for "offenses".

However, an offense as serious as CSC 1st can result in a prosecutor trying to prosecute a minor (someone under 17) as an adult. I won't get into the details here, but there are 3 paths that that decision can take which may or may not involve a judge also deciding that the minor be prosecuted as an adult and/or the judge deciding whether to sentence the minor with juvenile court methods or adult court terms. So, to answer your question, you *could* wind up with an adult court record for CSC 1st committed as a juvie ... but that would happen only if the prosecutor was able to prosecute you "as an adult".

Another thing to keep in mind: Michigan has a Sex Offender Registration (SOR) law. CSC 1st is a lifetime registration, and once you turn 18 it will be viewable on the "public" SOR database (MSP web site). But most other CSCs and sex-reated crimes (e.g., CSC 3rd & 4th) are registerable for only 25 years ... and will NEVER be put on the public SOR list (but will be maintained on the police-only / prosecutor-only / court-only version of the list).

You should consult with an attorney in Michigan who handles criminal and juvenile CSC delinquency prosecutions.

Read more
Answered on 12/12/06, 8:35 am


Related Questions & Answers

More Criminal Law questions and answers in Michigan