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Waterford & Clarkston Divorce Lawyer > Waterford & Clarkston Criminal Lawyer > Waterford & Clarkston Sex Crimes Lawyer > Waterford & Clarkston Second Degree Criminal Sexual Conduct Lawyer

Waterford & Clarkston Second Degree Criminal Sexual Conduct Lawyer

As stated at the outset of our web site’s “sex crimes” page, criminal sexual conduct has been codified as a matter of degree. The primary difference between first and second degree CSC is that first degree requires penetration; second degree only requires “sexual contact”, defined as:

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; (ii) to inflict humiliation; (iii) out of anger; with another person.

In addition to proving at least one incident of sexual contact, one of the following circumstances must be established by the prosecutor:

  • a victim under age 13;
  • for victims between ages 13 and 16, one of the following must also be present;
  • the accused shares a household with the victim;
  • the accused is related to the victim by blood or within a fourth degree of affinity;
  • the accused is in a position of authority, especially in the school and medical examination context;
  • the sexual contact occurs while another felony is being perpetrated, i.e. armed robbery, kidnapping, manslaughter, etc;
  • the accused uses a weapon;
  • the accused is aided and abetted by other persons;
  • the accused used force or the threat of force to subdue and assault the victim;
  • the victim suffers a physical injury during the sexual contact; and
  • the accused knows, or should know, that the victim is mentally incapacitated or physically helpless.

Once convicted of CSC second degree, a person is subject to a 15-year maximum prison sentence and, if the the convicted person is older than 17-years and the victim is 13-years or younger, lifetime electronic monitoring is required.

There are other enhancements to a CSC 2nd conviction depending on the convicted person’s prior felony convictions, if any, and his or her relation to the criminal justice system, i.e. parole status or probationary status.

Call an Waterford & Clarkston Second Degree Criminal Sexual Conduct Lawyer Today

The sex crimes lawyers at Clarkston Legal are experienced in all aspects of sexual conduct charges and can assist with your case. Call today for an initial free consultation to see how we can help you.

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