1. The Midland County Courthouse

2. Purpose of Presentation
This program is designed to provide an explanation of the law that defines criminal sexual conduct, or “CSC”, in our state. It reflects the belief of both law enforcement and the judiciary that, by understanding the law, Michigan youth can promote respect for self and others, avoid becoming victims, or unwitting perpetrators, of CSC offenses, and help stem the tide of misinformation about these offenses which often exists among their peers.

3. Self Respect, Dignity, and the Law About Criminal Sexual Conduct in Michigan
Presented in Cooperation with the
Midland County Court System
Midland County Prosecutor
and
Midland County Public Schools

4. CSC Laws are Based on the Right to Respect and Dignity
Different people may have different morals, beliefs, and standards of conduct. Nonetheless, it is clear to Law Enforcement Officials and the Courts that individuals must be made aware of the potential criminal consequences of CSC violations.

5. CSC Laws are Based on the Right to Respect and Dignity
Respect for the dignity of oneself and for others is the foundation for Michigan’s law of Criminal Sexual Conduct, or “CSC.” The law’s objective is to protect potential victims by providing clear rules about prohibited conduct.

6. True or False? If a girl under age 16 consents to having sex, it’s OK.
If a youth is convicted of CSC, the conviction will be removed from his or her record at age 17.
If a conviction is removed from a person’s record, the person’s name is automatically removed from the Sex Offender Registry.
It’s OK to urinate outside in public.

7. True or False?
If a girlfriend initially consents to sex, it’s OK to have sex even if she says “No” later.
Oral sex is OK. It isn’t really “Sex.”
Only boys can be charged with CSC.
If a boy doesn’t ejaculate, it’s not sex.

8. EVERY ONE OF THESE STATEMENTS IS FALSE!
It is your responsibility to know the law!
Ignorance of the law is no excuse – “I didn’t know!” is not a defense in Court.

9. There Are Four “Degrees” of CSC:
CSC - 1st degree
CSC - 2nd degree
CSC - 3rd degree
CSC - 4th degree

10. Definitions Sexual Penetration Sexual intercourse between two persons.
Includes Oral (mouth-penis, mouth-vagina) and Anal (penis-anus) intercourse.
Ejaculation is not required.
Any penetration, however slight, “counts.”
Penetration can be with a body part or any object.

11. Definitions Sexual Contact Intentional touching
Touching of “intimate parts” (genital area, groin, inner thigh, buttock, or breast) or clothing covering them
Purpose of the touching could be reasonably construed as sexual arousal, gratification, revenge, humiliation, or anger.

12. Definitions Force or Coercion
Use or threat of physical force or violence; OR
Victim believes the offender has the present ability to use force or violence; OR
Offender threatens to retaliate against victim or others, and victim believes the offender has ability to retaliate; OR
Offender achieves sexual contact through concealment or surprise.

13. Determining Degree of CSC
Victim < 13 years old; OR
Victim and related to, living with, or supervised by offender; OR
Offender armed with weapon; OR
Force/Coercion by Offender resulting in Personal Injury; OR
Offender commits another felony
Sexual Penetration
CSC 1st
Sexual Contact
CSC 2nd
Victim years old AND Offender > 5 years older than victim for CSC 4th; OR
Force/Coercion by Offender resulting in no personal injury; OR
Victim disabled/”Passed Out”; OR
Victim is related to Offender
Sexual Penetration
CSC 3rd
Sexual Contact
CSC 4th
Remember- Penetration = Sexual intercourse; Contact = Intimate touching without intercourse

14. Deg
Required Elements
1st
Sexual Penetration AND
Victim < 13 years old; OR
Victim is and related to, living with, or supervised by offender; OR
Offender armed with weapon; OR
Offender uses force/coercion resulting in personal injury; OR
Offender commits another felony
2nd
Sexual Contact AND
3rd
Victim years old; OR
Force/Coercion by Offender resulting in no personal injury; OR
Victim Disabled/ “Passed Out”; OR
Victim is a relative of the Offender.
4th
Victim is and Offender >5 yrs older than victim; OR
Victim Disabled/ “Passed Out”, OR
Offender is mental health professional within 2 years of professional contact with Victim; OR
In order to be classified as a certain degree of CSC, the offense must have specific elements.
Without ALL of its required elements, a certain degree of CSC is not committed.
For example, you cannot have CSC 1st or 3rd without Sexual Penetration.

15. Who are “Relatives?” Related by blood or marriage and includes “step” relatives
Children
Parents
Grandparents/Grandchildren
Sisters or Brothers
Aunts or Uncles
Great-Grandparents/Grandchildren
Nieces or Nephews

16. CSC – Penalties/Sentences
First Degree [Mandatory Prison]
Felony punishable by life or any term of years in prison
Second Degree
Felony punishable by up to 15 years in prison
Third Degree [Mandatory Prison]
Fourth Degree
Misdemeanor punishable by up to 2 years in prison and/or $500 fine

17. Persons Convicted of CSC Must:
Submit to testing for HIV and other Sexually Transmitted Diseases (STDs)
Provide a DNA sample

18. Sex Offender Registry
All adults convicted of a CSC crime are required to register as sex offenders. The type of offense will determine how long the person will remain on the registry and whether the person will appear on the public registry.
Offender must verify address or report change of address to law enforcement as required or be prosecuted.
The Offender’s name could remain on the Registry for up life, even if the conviction is later removed from the Offender’s court record.
Register with college/university law enforcement authorities upon enrollment.

19. Sex Offender Registry
Juveniles convicted of CSC crimes are treated differently:
Juveniles convicted of CSC crimes who are required to register do not appear on the public registry.
Juveniles who are required to register will be registered for life, however may petition for removal from the registry 25 years after being placed on the registry.

20. Sex Offender Registry Under 14 years old? Between 14 and 17 years old?
Juveniles under 14 years old at the time the crime was committed will not have to register.
Between 14 and 17 years old?
Juveniles 14 to 17 years of age, not tried as adults, will have to register for serious sex offenses of which the main ones are CSC 1st Degree and CSC 3rd Degree (unless the act is consensual and the Victim is at least 13 years old and the age difference between the Offender and the Victim is less that 4 years) and CSC 2nd where the Victim is under 13 years old. Charges of Assault with Intent to Commit CSC are also included.

21. Sex Offender Registry Consent
If the offense involves a consensual act between a 13, 14 or 15 year old Victim and the Offender is not more than 4 years older than the victim a Court may determine that the Offender does not have to register as a sex offender.

22. Michigan Sex Offender Website

23. Michigan Sex Offenders Registration Act
Convicted sex offenders may not reside, work or loiter within a “student safety zone” which is defined as the area that lies 1,000 feet or less from school property.
This does not apply to some CSC 3rd offenses for adults and some offenses committed by juveniles.

24. Michigan Sex Offenders Registration Act
Includes several exceptions such as:
Offenders who worked or resided within a student safety zone before the effective date;
Students who are under 19 years of age and attend secondary school or postsecondary school, and reside with a parent or guardian.
However, this exception does not apply to a person who initiates or maintains contact with a minor within that student safety zone.
However, the person may initiate or maintain contact with a minor with whom he or she attends secondary school or postsecondary school in conjunction with that school attendance.

25. Adoption by Convicted Sex Offenders
No child may be placed for adoption with a person who has been convicted of either CSC (any degree) or Assault with Intent to Commit CSC.
In short, convicted sex offenders are not able to adopt a child in Michigan.

26. The Impact of a CSC Conviction can be Lifelong.

27. “Sexting” Not Just a Text Message
“Sex” + “Texting” on electronic devices.
Growing trend among teens where cell phones and other personal electronic devices are used to send and receive sexually-tinged or overtly sexual messages or photos. Messages can include text, graphics, audio, and images.
Possible criminal charges – child pornography, indecent exposure, gross indecency between persons, child sexually abusive activity or material, malicious use of an electronic communications device.

28. “Sexting” Not Just a Text Message
Who could be found responsible in cases of “sexting”?
The person who took the picture or wrote the message and sent it to someone else;
The person who owns and/or possesses the cell phone(s) which stores the picture or message;
The person who forwards the picture or message to others;
The person who posts the picture or message in other forums (websites, print, blogs).

29. “Sexting” Not Just a Text Message
Recent court cases about “Sexting” in Michigan:
Midland County – A couple dated for many years; however, when they broke up the boyfriend scanned sexually explicit pictures of the girlfriend on computer and sent them to her family, employer, and posted on a porn website. The boyfriend was incarcerated for 1 year.
Michigan – Three 17-year old, high school males had sex with a 15-year-old girl and photographed it. The photos were then posted on Twitter. They were sentenced to three years of probation. Conditions of their probation included: prohibited from possessing or using a cell phone and no contact with each other or the victim. Two of the males violated probation by sitting next to each other and interacting at a senior barbeque picnic. They were sentenced to two days in jail and 30 days of house arrest and had to miss their high school graduation.
Michigan – Almost 40 high school students, under age 17, were involved in sending and exchanging nude photos via text message. Twelve students, six girls and six boys, were referred to a youth assistance program. Five other cases were prosecuted in Juvenile Court.
Michigan – A 20-year old man pled guilty to a reduced charge of accosting a minor for immoral purposes. – a felony punishable by up to four years in prison and a $1,000 fine. The man sent sexually inappropriate texts and photos to underage females, including a 15-year-old girl.

30. “Sexting” Not Just a Text Message
Recent court cases about “Sexting” in other states:
Iowa – An 18-year old man was convicted of sending obscene material to a minor after he ed a photograph of his erect penis to his 14-year-old female friend and classmate. He sent the photos only after the female asked him to send a photograph of his penis three or four times in the same phone call. He was sentenced to probation, was required to register as a sex offender, and was fined $250.
Alabama – A 22-year old man was convicted of possession of child pornography, based on sexually explicit images he received from his 16-year-old girlfriend via text message. He was sentenced to 60 months of probation with special conditions and had to register as a sex offender.

31. How well do you understand CSC?
A girl and her boyfriend are out on a date. He is 16 years old, and she is 15. They are making out in the car, and he reaches under her clothes and places his finger in her vagina.
CSC or not? Degree?

32. How well do you understand CSC?
What if the girl is 16, the boy is 15, and she performs oral sex on him?
CSC or not? Degree?

33. How well do you understand CSC?
Mary is 15 1/2, and her boyfriend, Joe, is 15. They have sexual intercourse, which both of them consent to. Neither of them objects during sex or afterward.
CSC or not? Degree?

34. How well do you understand CSC?
Now, let’s change the facts. Mary and Joe are both 16. They decide to have sexual intercourse, and both consent to sex. During sex, Mary tells Joe that she has changed her mind, and that she “wants to wait.” He continues, and she doesn’t fight him, but still wants him to stop.
CSC or not? Degree?

35. CSC or Not? Why?
Joe needs to use the bathroom. The bathroom in the house is in use, so he goes outside to urinate. He is careful to go behind the house, in a dark area by a tree, where no one is around. As he is urinating, a girl living next door sees him urinating outside, and tells her mother, who calls the police.
CSC or Not? Why?

36. Criminal Sexual Conduct
Indecent Exposure
Not the same as
Criminal Sexual Conduct
However if the event involves a violation of MCL a(2) (b) [open or indecent exposure involving fondling] and if the Victim is a minor, the Offender will be required to register as a sex offender.

37. CSC or Not? Why?
A 16 year old male goes out on a date with a girl who tells him she is also 16. She looks 16 or older, and he has no reason to believe she isn’t 16 or older. They have consensual sexual intercourse. At no time does she tell him she isn’t at least 16 or object to intercourse. Two days later, the police arrive, and tell him that he is being charged with having sex with a 14 year old. The girl is, in fact, 14.
CSC or Not?

38. CSC or Not? Why? Same story:
If CSC, who is charged – the boy, the girl, or both?
The 16 year old male tells the police truthfully that he believed she was 16, she said she was 16, and she looked even older than 16. Does that change anything?
The 14 year old girl tells the police that she was dressed in a sexy dress, and that she wanted the boy to think she was older, and that she wanted to have sex with him. Does that change anything?

39. A Few More…
A student walks down the hall and pinches the buttocks of a fellow student by surprise.
A boy snaps a girl’s bra strap while standing behind her in the hall.
CSC or not?

40. A Few More… One student “pants-ing” another in the lunchroom.
A boy grabs a girl’s breast briefly, but says he is “just kidding around.”
CSC or not?

41. Questions and Answers