What Is Considered Inappropriate Contact Under Michigan Law?
A person may engage in “inappropriate contact,” which may involve unwanted, non-consensual physical touching, communication, or attempted communication between two people that causes physical injury, emotional distress, or a violation of privacy or bodily integrity. Various types of inappropriate contact can lead to criminal charges. A criminal defense attorney can help you if you are under investigation or if you are charged with a crime for making inappropriate contact with another person in Michigan.
Legal Definitions of Inappropriate Contact
Although Michigan laws typically do not use the phrase “inappropriate contact,” allegations of inappropriate contact usually arise in the context of criminal charges for criminal sexual conduct or harassment. Michigan does not have a crime of rape. It is called criminal sexual conduct or CSC, instead. Michigan’s criminal code has four degrees of criminal sexual conduct. First-degree criminal sexual conduct involves engaging in sexual penetration:
- With a person under 13
- With a person between the ages of 13 and 16, when the perpetrator has a certain relationship with the person
- During the commission of another felony
- While aided by one or more other persons when the perpetrator uses force or coercion, or knows that the victim cannot physically or mentally resist
- While armed with a weapon
- While causing injury to the victim after using force or coercion
Second-degree criminal sexual conduct involves engaging in sexual contact under the same circumstances that would lead to a charge for first-degree criminal sexual conduct for sexual penetration.
Third-degree criminal sexual conduct occurs when a person engages in sexual penetration:
- With a person between the ages of 13 and 16
- By using force or coercion
- While knowing of the victim’s physical or mental incapacity
- With a student between 16 and 18 (or 26 if receiving special education services) while employed by a school
Fourth-degree criminal sexual conduct involves engaging in sexual contact with a person under the same circumstances that would lead to a charge for first-degree criminal sexual conduct for sexual penetration.
Under Michigan’s domestic violence laws, a person may commit harassment when they make repeated or continuing non-consensual contact that would cause a reasonable person to experience emotional distress or harm and actually cause the victim emotional distress or harm.
Examples of Inappropriate Contact
Examples of inappropriate contact that might trigger criminal charges include:
- Non-consensual, intentional touching of a person’s intimate parts (genitalia, buttocks, female breasts), whether directly or through clothing
- Forced sexual acts
- Touching a person’s intimate parts through coercion or manipulation
- Physical, intimate, or sexual contact committed by a person in a position of authority
- Repeatedly calling, texting, emailing, or messaging a person after the person asks for the contact to stop
- Unwanted sexual advances
Penalties and Legal Consequences
Inappropriate contact could potentially lead to charges and a conviction for criminal sexual conduct, which carries penalties ranging from probation to life imprisonment, depending on the grading and circumstances of the charge. Inappropriate contact resulting in harassment may result in a perpetrator becoming subject to a protection order.
Contact a Criminal Defense Attorney Today
After getting charged with a crime involving alleged inappropriate contact in Michigan, you need experienced legal counsel to protect your reputation and future. Contact Kirsch Daskas Law Group PLLC today for a free, confidential consultation with our legal team to discuss your options for resolving your criminal charges.
