Criminal Sexual Conduct Second Degree

Elements of Offense - Ann Arbor, MI - Washtenaw County

The crime of Criminal Sexual Conduct – Second Degree is a serious felony offense which can result in 15 years imprisonment. This crime can be charged based on a variety of different factors.

The crime of Criminal Sexual Conduct – Second Degree is committed when sexual contact occurs in the context of one of several listed aggravating factors. Sexual contact includes intentional touching that can reasonably be construed as being for the purpose of sexual arousal or sexual gratification. Sexual contact also includes contact done for a sexual purpose or in a sexual manner for revenge, to inflict humiliation, or out of anger. The following charge variations explain how Criminal Sexual Conduct – Second Degree may be committed.

1. Criminal Sexual Conduct – Second Degree is committed when a person engages in sexual contact with a person under 13 years of age. 2. Criminal Sexual Conduct – Second Degree is committed when a person engages in sexual contact 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 – Second Degree is committed when a person engages in sexual contact under circumstances involving the commission of any other felony. 4. Criminal Sexual Conduct – Second Degree is committed when a person engages in sexual contact 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 contact. 5. Criminal Sexual Conduct – Second Degree is committed when a person engages in sexual contact 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 – Second Degree is committed when a person engages in sexual contact 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 – Second Degree is committed when a person engages in sexual contact 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 – Second Degree is committed when a person engages in sexual contact and the 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. 9. Criminal Sexual Conduct – Second Degree is committed when a person engages in sexual contact and the other person is under the jurisdiction of the department of corrections and the actor is an employee or volunteer of the corrections facility who knows that the other person is under the jurisdiction of the department of corrections. 10. Criminal Sexual Conduct – Second Degree is committed when a person engages in sexual contact and that other person is a prisoner or probationer under the jurisdiction of a county for purposes of imprisonment or a work program or other probationary program and the actor is an employee or volunteer with the county or the department of corrections who knows that the other person is under the county's jurisdiction. 11. Criminal Sexual Conduct – Second Degree is committed when a person engages in sexual contact and the actor knows or has reason to know that a court has detained the victim in a facility while the victim is awaiting a trial or hearing, or committed the victim to a facility as a result of the victim having been found responsible for committing an act that would be a crime if committed by an adult, and the actor is an employee or volunteer with, the facility in which the victim is detained or to which the victim was committed.

The maximum prison sentence for a Criminal Sexual Conduct – Second Degree conviction is 15 years imprisonment. The typical minimum sentence in Washtnenaw County is approximately 5-7 years in prison. A person convicted of Criminal Sexual Conduct – Second Degree will be required to register as a Sex Offender on the Sex Offender Registry for a minimum of 25 years. A person convicted of Criminal Sexual Conduct – Second Degree with a minor under 13 years of age will be placed on lifetime electronic monitoring through the Michigan Department of Corrections.