Criminal Sexual Conduct Third Degree

Elements of Offense - Ann Arbor, MI - Washtenaw County

The crime of Criminal Sexual Conduct – Third 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 – Third Degree is committed when sexual contact 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 – Third Degree may be committed.

1. Criminal Sexual Conduct – Third Degree is committed when a person engages in sexual penetration with someone between the age of 13 and 16, regardless of his/her consent. This is the charge generally known as “Statutory Rape” because the consent of the alleged victim is irrelevant to a finding of guilt. Children under the age of 16 are deemed legally incapable of giving consent to sexual acts. 2. Criminal Sexual Conduct – Third Degree is committed when a person engages in sexual penetration with a family member who is related within the third degree by blood or affinity. 3. Criminal Sexual Conduct – Third Degree is committed when a person engages in sexual penetration with another person by force or coercion. 4. Criminal Sexual Conduct – Third Degree is committed when a person engages in sexual penetration of another that he/she knows or has reason to know is mentally incapacitated or physically helpless.

The maximum prison sentence for a Criminal Sexual Conduct – Third Degree conviction is 15 years imprisonment. The typical minimum sentence in Washtenaw County is approximately 7-10 years in prison. A conviction for Criminal Sexual Conduct – Third Degree is actually more serious than a conviction for Criminal Sexual Conduct – Second Degree because the sentencing guidelines require a higher mandatory minimum sentence. A person convicted of Criminal Sexual Conduct – Third Degree will be required to register as a Sex Offender on the Sex Offender Registry for a minimum of 25 years.