Legal Question in Criminal Law in Michigan

So Fourth Degree Criminal sexual conduct (http://www.legislature.mi.gov/(S(wtxnatbk3q2ffu551mz4ao55))/mileg.aspx?page=getobject&objectname=mcl-750-520e&query=on&highlight=sexual%20AND%20conduct) says that one ifs guilty if the other person is between 16 and 13 and the actor is older, but Third Degree states that (http://www.legislature.mi.gov/(S(wtxnatbk3q2ffu551mz4ao55))/mileg.aspx?page=getobject&objectname=mcl-750-520d&query=on&highlight=sexual%20AND%20conduct) taht one is guilty if the other person is between 16 and 13, so does this mean that someone could charge a 18 year old who has sexual contact with a 15 year old as third degree and be convicted instead of being innocent under fourth degree?

Asked on 10/21/10, 8:05 pm

William Morrison Action Defense Center

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The elements for each of these crimes are different. The key element in CSCIII is force or coercion.

Answered on 10/27/10, 1:51 pm

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