Criminal Sexual Conduct First Degree

Elements of Offense - Ann Arbor, MI - Washtenaw County

The crime of Criminal Sexual Conduct – First Degree is a serious felony capital offense which can result in life imprisonment. This crime can be charged based on a variety of different factors. It is the most serious of criminal sexual conduct charges.

The crime of Criminal Sexual Conduct – First Degree is committed when sexual penetration occurs in the context of one of several listed aggravating factors. Sexual penetration means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body, but emission of semen is not required. The following charge variations explain how Criminal Sexual Conduct – First Degree may be committed.

1. Criminal Sexual Conduct – First Degree is committed when a person engages in sexual penetration with a person under 13 years of age. 2. Criminal Sexual Conduct – First Degree is committed when a person engages in sexual penetration with a person between 13 and 16 years of age and any of the following apply: (i) The actor is a member of the same household as the victim; (ii) The actor is related to the victim by blood or affinity to the fourth degree; (iii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit; (iv) The actor is a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled; (v) The actor is an employee or volunteer of the school in which that other person is enrolled and the actor uses his/her employee or volunteer status to gain access to, or to establish a relationship with, that other person. 3. Criminal Sexual Conduct – First Degree is committed when a person engages in sexual penetration under circumstances involving the commission of any other felony. 4. Criminal Sexual Conduct – First Degree is committed when a person engages in sexual penetration and the actor is aided by 1 or more other persons and either of the following circumstances exists: (i) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless; (ii) The actor uses force or coercion to accomplish the sexual penetration. 5. Criminal Sexual Conduct – First Degree is committed when a person engages in sexual penetration and the actor is armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon. 6. Criminal Sexual Conduct – First Degree is committed when a person engages in sexual penetration and the actor causes personal injury to the victim and force or coercion is used to accomplish sexual penetration. Force or coercion includes, but is not limited to, any of the following circumstances: (i) When the actor overcomes the victim through the actual application of physical force or physical violence; (ii) When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute these threats; (iii) When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute this threat; (iv) When the actor engages in the medical treatment or examination of the victim in a manner or for purposes that are medically recognized as unethical or unacceptable; (v) When the actor, through concealment or by the element of surprise, is able to overcome the victim. 7. Criminal Sexual Conduct – First Degree is committed when a person engages in sexual penetration and the actor causes personal injury to the victim, and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless. 8. Criminal Sexual Conduct – First Degree is committed when a person engages in sexual penetration and that other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following: (i) The actor is related to the victim by blood or affinity to the fourth degree; (ii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.