Fourth-degree criminal sexual conduct is the least severe charge related to sexual contact or sex crimes within the CSC categories. This charge pertains to unwanted sexual touching or contact.
While fourth-degree criminal sexual conduct is the least severe charge among the CSC offenses, it is not a misdemeanor; it is a felony that can result in years of significant disruption in your life.
Under the legal definition of fourth-degree CSC as outlined in the Michigan Penal Code (MCL 750.520e), you may be charged or investigated for this offense if your actions align with any of the following circumstances:
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The other person is at least 13 years old but under 16, and the actor is five or more years older than them.
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Force or coercion was used through the actual application of physical force or violence.
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Medical treatment or examination of the victim was conducted in a manner deemed unethical or unacceptable.
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The victim has a mental illness or defect that makes them temporarily or permanently unable to understand the nature of their conduct.
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The victim was temporarily unable to assess or control their conduct due to the influence of a narcotic, anesthetic, or other substance administered without their consent.
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The victim is unconscious, asleep, or otherwise physically unable to communicate their unwillingness to engage in the act.
Penalties for Criminal Sexual Conduct 4th Degree
A conviction for fourth-degree criminal sexual conduct is a serious misdemeanor. The potential penalties and consequences include:
- Up to 2 years in prison.
- Fines of up to $500.
- A permanent criminal record as a sex offender, which may hinder your job prospects.
- Restrictions on where you can live or work due to your sex offender status.
- Mandatory registration as a sex offender, with your name, address, photo, and details of the offense made public.
- Possible loss or denial of licenses for professions such as teaching, law, medicine, nursing, or pharmacy.
- Potential impacts on child custody arrangements.
- Possible effects on immigration status, including loss or denial of a visa or green card, denial of citizenship, or deportation.
Defense Strategies
Consent can be a defense against fourth-degree criminal sexual conduct. If the accuser alleges that you inappropriately touched them, a valid defense is that they consented to the sexual contact. This highlights the importance of having a conversation with your partner BEFORE engaging in any sexual activity.
Contact Kirsch Daskas Law Group
At Kirsch Daskas Law Group, we are dedicated to fighting the potential devastation that a criminal sexual conduct conviction can bring. We recognize that sexual assault charges can seriously impact your reputation and future, and our Michigan defense attorneys are committed to ensuring you are satisfied with the outcome of your case. Contact us today 248-792-3060.
