Criminal sexual conduct th degree multiple variables

Force or coercion includes, but is not limited to, any of the following circumstances:. It is an affirmative defense to a prosecution under this subdivision that the other person was in a position of authority over the defendant and used this authority to coerce the defendant to violate this subdivision. The defendant has the burden of proving this defense by a preponderance of the evidence. This subdivision does not apply if both persons are lawfully married to each other at the time of the alleged violation. The consent of the victim is not a defense to a prosecution under this subdivision.

Some forums can only be seen by registered members. When it is a child under 13 it is far more serious and most prosecutors won't file charges unless they are pretty darn sure that something occurred. Usually a polygraph is involved, although not admissable, it is usually used as a bargaining tool. I was convicted of criminal sexual conduct 3rd when I was 17 years old. I didnt get a fare trial at all,I ended up spending 5 years of my life in prison.

There are many different circumstances involving sexual contact that can be considered Second Degree Criminal Sexual Conduct. They include:. A conviction of this felony may result up to fifteen years in prison. Additionally, if the defendant is seventeen years or older and commits the crime against a victim who is younger than thirteen, the defendant will be subject to lifetime electronic monitoring.

When would a 4th degree charge be elevated to a felony? Don't let the term "midemeanor" mislead you. It is a high misdemeanor which, for all intents and purposes, is equal to a felony.