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What is criminal sexual conduct 4th degree?

What is Criminal Sexual Conduct 4th Degree?

Criminal sexual conduct, also known as CSC, is a broad term used to describe various forms of sexual abuse, assault, and other types of sexually motivated behavior. In Michigan, where we will focus our discussion, criminal sexual conduct is punishable by law and carries significant penalties, including imprisonment, fines, and mandatory sex offender registration.

Defining Criminal Sexual Conduct 4th Degree

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So, what is criminal sexual conduct 4th degree? According to Michigan Penal Code § 750.520b, criminal sexual conduct in the 4th degree is committed when a person engages in specific sexual activities with another person who is:

• Under the age of 13 (the victim must be at least 13, but less than 16 years old)
• Suffering from mental impairment or inability to consent

Offenses That Qualify as Criminal Sexual Conduct 4th Degree

The following offenses may constitute criminal sexual conduct 4th degree:

• Sexual penetration or contact between two people
Sexual contact, including, but not limited to:

º Touching a person’s intimate parts or the person’s clothes over their intimate parts
º Touching a person’s buttocks or public area
º Touching a person’s breasts or any part of the person’s clothing over their breasts
º Having a person touch one’s own or someone else’s intimate parts, buttocks, or public area
Oral copulation with a person who is mentally impaired or unable to consent

Penalties for Criminal Sexual Conduct 4th Degree

The penalties for criminal sexual conduct 4th degree in Michigan are:

• Up to 10 years imprisonment
• Fines of up to $10,000
• Mandatory sex offender registration for life
• Mandatory psycho-sexual treatment (further explanation below)

Psycho-Sexual Treatment

The Michigan Supreme Court has clarified that psycho-sexual treatment, also known as "safety" or "mental health treatment," is required for anyone convicted of criminal sexual conduct 4th degree or higher. The purpose of this treatment is to assess and address any underlying sexual deviancies or psychopathologies that may have contributed to the commission of the crime. The specifics of the treatment program vary depending on the individual case and may include:

Sexual offender counseling
Psychological evaluation and testing
Medications and treatment for sexual dysfunctions

Sentencing Considerations

In sentencing individuals convicted of criminal sexual conduct 4th degree, courts must consider various factors, including:

• The degree of force, violence, or coercion used
• The level of harm caused to the victim
• The presence or absence of prior convictions or similar charges
• Any moral or scientific information relevant to the case

Additional Protections for Victims

The Michigan Department of Corrections offers various resources and support services to assist victims of criminal sexual conduct, including:

Victim Impact Statements, which allow victims to express their feelings and concerns during sentencing
Therapy and counseling services for victims and their families
Law enforcement and courtroom support

Conclusion

Criminal sexual conduct 4th degree is a serious and punishable offense in Michigan. It is crucial to understand the definitions, penalties, and treatment requirements associated with this crime. By staying informed and supportive of victims, we can work together to create a safer, more just society for everyone.

Frequently Asked Questions

  1. What is considered criminal sexual conduct in the 4th degree in Michigan?

According to Michigan law, criminal sexual conduct 4th degree is committed when a person engages in specific sexual activities with a person under 13 years old or suffers from mental impairment or inability to consent.

  1. How long is the prison sentence for criminal sexual conduct 4th degree in Michigan?

Up to 10 years in prison, with a possibility of a longer sentence for aggravating circumstances.

  1. Is sex offender registration mandatory for criminal sexual conduct 4th degree in Michigan?

Yes, criminal sexual conduct 4th degree in Michigan requires lifetime sex offender registration.

  1. Is psycho-sexual treatment a requirement for criminal sexual conduct 4th degree in Michigan?

Yes, the Michigan Supreme Court has ruled that psycho-sexual treatment, also known as "safety" or "mental health treatment," is required for anyone convicted of criminal sexual conduct 4th degree or higher.

Table: Summary of Criminal Sexual Conduct 4th Degree in Michigan

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