Attorney's Note

Under the Michigan Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Cup to 15 years
For details, see Mich. Comp. Laws ch. 777 pt. 2
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Terms Used In Michigan Laws 750.520c

  • Actor: means a person accused of criminal sexual conduct. See Michigan Laws 750.520a
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Electronic monitoring: means that term as defined in section 85 of the corrections code of 1953, 1953 PA 232, MCL 791. See Michigan Laws 750.520a
  • felony: when used in this act, shall be construed to mean an offense for which the offender, on conviction may be punished by death, or by imprisonment in state prison. See Michigan Laws 750.7
  • Intermediate school district: means a corporate body established under part 7 of the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 750.520a
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Mentally disabled: means that a person has a mental illness, is intellectually disabled, or has a developmental disability. See Michigan Laws 750.520a
  • Mentally incapable: means that a person suffers from a mental disease or defect that renders that person temporarily or permanently incapable of appraising the nature of his or her conduct. See Michigan Laws 750.520a
  • Mentally incapacitated: means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or other substance administered to that person without his or her consent, or due to any other act committed upon that person without his or her consent. See Michigan Laws 750.520a
  • Nonpublic school: means a private, denominational, or parochial elementary or secondary school. See Michigan Laws 750.520a
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Personal injury: means bodily injury, disfigurement, mental anguish, chronic pain, pregnancy, disease, or loss or impairment of a sexual or reproductive organ. See Michigan Laws 750.520a
  • Physically helpless: means that a person is unconscious, asleep, or for any other reason is physically unable to communicate unwillingness to an act. See Michigan Laws 750.520a
  • Public school: means a public elementary or secondary educational entity or agency that is established under the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 750.520a
  • School district: means a general powers school district organized under the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 750.520a
  • Sexual contact: includes the intentional touching of the victim's or actor's intimate parts or the intentional touching of the clothing covering the immediate area of the victim's or actor's intimate parts, if that intentional touching can reasonably be construed as being for the purpose of sexual arousal or gratification, done for a sexual purpose, or in a sexual manner for:
  (i) Revenge. See Michigan Laws 750.520a
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Victim: means the person alleging to have been subjected to criminal sexual conduct. See Michigan Laws 750.520a
  •   (1) A person is guilty of criminal sexual conduct in the second degree if the person engages in sexual contact with another person and if any of the following circumstances exists:
      (a) That other person is under 13 years of age.
      (b) That other person is at least 13 but less than 16 years of age and any of the following:
      (i) The actor is a member of the same household as the victim.
      (ii) The actor is related by blood or affinity to the fourth degree to the victim.
      (iii) The actor is in a position of authority over the victim and the actor 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 a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.
      (vi) The actor is an employee, contractual service provider, or volunteer of a child care organization, or a person licensed to operate a foster family home or a foster family group home in which that other person is a resident and the sexual contact occurs during the period of that other person’s residency. As used in this subdivision, “child care organization”, “foster family home”, and “foster family group home” mean those terms as defined in section 1 of 1973 PA 116, MCL 722.111.
      (c) Sexual contact occurs under circumstances involving the commission of any other felony.
      (d) The actor is aided or abetted 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. Force or coercion includes, but is not limited to, any of the circumstances listed in section 520b(1)(f).
      (e) The actor is armed with a weapon, or any article used or fashioned in a manner to lead a person to reasonably believe it to be a weapon.
      (f) The actor causes personal injury to the victim and force or coercion is used to accomplish the sexual contact. Force or coercion includes, but is not limited to, any of the circumstances listed in section 520b(1)(f).
      (g) 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.
      (h) 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.
      (i) That other person is under the jurisdiction of the department of corrections and the actor is an employee or a contractual employee of, or a volunteer with, the department of corrections who knows that the other person is under the jurisdiction of the department of corrections.
      (j) That other person is under the jurisdiction of the department of corrections and the actor is an employee or a contractual employee of, or a volunteer with, a private vendor that operates a youth correctional facility under section 20g of the corrections code of 1953, 1953 PA 232, MCL 791.220g, who knows that the other person is under the jurisdiction of the department of corrections.
      (k) 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 a contractual employee of or a volunteer with the county or the department of corrections who knows that the other person is under the county’s jurisdiction.
      (l) 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 contractual employee of, or a volunteer with, the facility in which the victim is detained or to which the victim was committed.
      (2) Criminal sexual conduct in the second degree is a felony punishable as follows:
      (a) By imprisonment for not more than 15 years.
      (b) In addition to the penalty specified in subdivision (a), the court shall sentence the defendant to lifetime electronic monitoring under section 520n if the violation involved sexual contact committed by an individual 17 years of age or older against an individual less than 13 years of age.