Michigan Sex Offenses and Why They are Different

In Michigan, sex offenses are a category of criminal offenses characterized by unlawful or coerced sexual acts by a person towards another. These crimes generally arise from violence, lack of consent, or sexual acts with someone who is legally incapable of giving consent. When a defendant is found guilty of a sex crime by Michigan Courts, jail time is only but a part of associated repercussions. Such offenders are perceived as threats to public safety. Thus, they may also be required to officially register as sex offenders which can negatively impact housing, employment, social choices, and other opportunities for the remainder of their lives.

What is Michigan Sex Crime?

Under Michigan laws, sex crimes are offenses of a sexual nature grouped and categorized as Criminal Sexual Conduct (CSC). The penalties for sex crimes are classified according to their severity and prior sexual offense history.

What are the Different Types of Sex Offenses?

The four groups of criminal sexual conducts, their severity, and punishment as stated under the Michigan Penal Code include:

First Degree Criminal Sexual Conduct

According to MPC § 750.520b, someone is guilty of a sex offense in the first degree if they engage in sexual penetration with:

• Another person under the age of 13
• Another person that is at least 13 but less than 16 years of age and any of the following:
  • The offender shares blood relation to the fourth degree with the minor victim
  • The offender lives in the same home with the minor victim
  • The offender is in a position of authority over the victim and manipulates the position as a tool to coerce the victim
  • The offender is an academic staff, non-academic staff, or a volunteer in a school where the minor is enrolled
  • The victim is less than 16 and lives in the same home with the offender
  • The offender is an employee volunteer, and a contractual service provider of a child care organization or a foster home or any similar facility described under Section 1 1973 PA 116, MCL 722.111 in which the other person resides
• The sexual offense occurred during the commission of another felony
• The offender is aided and abetted by one or more other persons in the presence of any of the following circumstances:
  • The offender knows or reasonably knows that the victim is mentally incapable, mentally incapacitated, and physically helpless
  • The offender uses force or coercion to achieve the penetration
  • The offender is armed with a weapon or any other article that can reasonably cause the victim to believe it to be a weapon
• The offender used force or coercion to accomplish sexual penetration and also caused personal injury to the victim
• The offender used concealment or elements of surprise to overcome the victim
• The offender caused personal injury to the victim and the offender knows or reasonably knows that the victim is mentally incapable, mentally incapacitated, mentally disabled, or physically helpless
• The mentally incapacitated, incapable, disabled or physically helpless victim is related to the offender by blood or affinity to the fourth degree or that the offender assumes a position of authority over the victim

Severity: Felony

Penalty:

• If the offender is 17 years or older and commits a sexual crime in the first degree on another person that is less than 13 years of age; the associated sentence is between life imprisonment or by any term of years but not less than 25 years
• If the offender is 18 years or older and commits a first degree CSC on a minor victim that is less than 13 years, the associated consequence is life imprisonment with or without the possibility of parole
• Lifetime electronic monitoring

Second Degree Criminal Sexual Conduct

Second degree CSC is the process of having sexual contact with another person under the circumstances described under Penal Code 750.520c as follows:

• The victim is under 13 years of age
• The victim is at least 13 years but less than 16 years and age and shares the same relationship described in first degree CSC with the offender
  • The offender shares blood relation to the fourth degree with the minor victim
  • The offender lives in the same home with the minor victim
  • The offender is in a position of authority over the victim and manipulates the position as a tool to coerce the victim
  • The offender is an academic staff, non-academic staff, or a volunteer in a school where the minor is enrolled
  • The victim is less than 16 and lives in the same home with the offender
  • The offender is an employee volunteer, and a contractual service provider of a child care organization or a foster home or any similar facility described under Section 1 1973 PA 116, MCL 722.111 in which the other person resides
• The sexual offense occurred during the commission of another felony
• The offender is aided and abetted by one or more other persons in the presence of any of the following circumstances:
  • The offender knows or reasonably knows that the victim is mentally incapable, mentally incapacitated, and physically helpless
  • The offender uses force or coercion to achieve the penetration
  • The offender is armed with a weapon or any other article that can reasonably cause the victim to believe it to be a weapon
• The offender used force or coercion to accomplish sexual penetration and also caused personal injury to the victim
• The offender used concealment or elements of surprise to overcome the victim
• The offender caused personal injury to the victim and the offender knows or reasonably knows that the victim is mentally incapable, mentally incapacitated, mentally disabled, or physically helpless
• The mentally incapacitated, incapable, disabled or physically helpless victim is related to the offender by blood or affinity to the fourth degree or that the offender assumes a position of authority over the victim
• The victim is under the jurisdiction of the state Department of Corrections and the offender is an employee, contractual employee, volunteer, or a private vendor that operates a youth correctional facility under section 20g of the corrections codes 1953, 1953 PA 233, MCL 791.220g and knows or reasonably knows that the other party is under the jurisdiction of the department of corrections
• The victim is a prisoner or probationer under the jurisdiction of a county as a prisoner or probationer and the offender is an employee, contractual employee, volunteer, or a private vendor that operates a youth correctional facility under section 20g of the corrections codes 1953, 1953 PA 233, MCL 791.220g and knows or reasonably knows that the other person is under the jurisdiction of the county
• The offender knows or reasonably knows that that the court detained the victim in a facility while the victim is awaiting trial or hearing or committed to a facility; having been found guilty of committing an act that would be a crime if committed by an adult, and the offender is an employee, contractual employee, volunteer with the facility where the victim is detained or committed

Severity: Felony

Penalty: Persons guilty of second-degree CSC in Michigan are sentenced for not more than 15 years in prison as well as lifetime electronic monitoring if the offender is older than 17 years and the victim is less than 13 years.

Third Degree Criminal Sexual Conduct

Third-degree criminal sexual assaults occurs when a person engages in statutory rape with a minor over 13 years or with a person that is legally incapable of giving consent. According to Michigan Penal Code § 750.520d, a person is guilty of third-degree criminal sexual conduct if the person engages in sexual penetration with another person in any of the following circumstances:

• The victim is at least 13 years and under 16 years of age
• Penetration was accomplished through force or coercion as described in § 520b(1)(f)(i) to (v)
• Penetration occurred with a victim who is a person who is mentally incapable, mentally incapacitated, and physically helpless and in which the offender knows or reasonably knows
• The offender and minor victim are related by blood or by affinity to the third degree and are not lawfully married
• Penetration occurred with a victim who is at least 16 years but less than 18 and a student of a school—public, nonpublic, school district, or intermediate school district sharing the following relationship with the offender:
  • The offender is a teacher, substitute teacher, or administrator of that school where the victim is enrolled
  • The offender is an employee, contractual employee, or volunteer in the public school, nonpublic school, school district, or intermediate school district where the victim is enrolled
• That penetration occurred between an adult and another person who is at least 16 years and less than 26 years and shares the following relationship with the penetrator:
  • The offender is a teacher, substitute teacher, or administrator of that school where the victim is enrolled and not married to the victim
  • The offender is an employee, contractual employee, or volunteer in the public school, nonpublic school, school district, or intermediate school district where the victim is enrolled
• The offender is an employee, contractual employee, or volunteer of a child care organization or a person with the license to manage a foster home or a foster family home where the victim is at least 16 and a resident and the sexual penetration took place during the victim’s residency

Severity: Felony

Penalty: Third-degree CSC is sentenced for not more than 15 years in prison

Fourth-Degree Criminal Sexual Conduct

In Michigan, fourth-degree CSC is a serious misdemeanor characterized by unwanted and indecent touching of a minor or someone who is mentally or physically incapable of giving consent, a relative, or through illegal relationships such as teacher-student relationships, mental health providers and patient relationships. Under Michigan Penal Code 750.520e, fourth-degree CSC include:

• When a person has sexual contact with another person who is at least 13 but less than 16 years of age and the offender is 5 or more years older than the other person
• When the offender uses force or coercion to accomplish the sexual act in any of the following circumstances:
  • Overcomes the victim through the application of physical force or violence
  • Coerces the victim to submit by threatening to use force or violence and the victim believes the offender has the capacity to enforce the threat
  • Coerces the victim to submit through the use of threats of future retaliation on the victim or any other person and the victim believes the offender has the present capacity to execute that threat
  • Engages in medical treatment or examination on the victim in ways that are medically unethical and unacceptable
  • Fulfills sexual contact through concealment or elements of surprise
• When the offender knows or reasonably knows that the victim is mentally disabled, mentally incapacitated, or physically helpless
• When the victim shares a blood relationship to the third degree with the offender except otherwise provided
• When the offender is a mental health professional and establishes sexual contact with a client or patient during or within two years of medically caring for the victim (except if the medical professional and the victim are married)
• When the victim is more than 16 years but less than 18 years of age and a student in a public school, non-public school, school district, or intermediate school district where the offender is:
  • A teacher, substitute teacher, or administrator
  • An employee, contractual service provider, volunteer, or employee of this state or the local unit government of Michigan or any other state in the United States assigned to the school where the victim is enrolled
• When the victim is at least 16 years of age but less than 26 years old and receiving special education services in school or institutions where the offender is:
  • A teacher, substitute teacher, administrator, employee, or contractual service provider
  • A volunteer or an employee of this state or the local unit government of Michigan or any other state in the United States assigned to the school where the victim is enrolled, and that used the authority status to establish a relationship with the victim
• When the offender is an employee, contractual service provider, or volunteer of a child care organization or a person with a license to manage a foster family home or a foster family group home where the victim is a resident and is at least 16 years of age and the sexual contact occurs during the other person’s residency

Severity: Misdemeanor

Penalty: Fourth-degree CSC is punishable with a sentence of not more than two years, a fine of not more than $500, or both.

Sex Offender Levels of Classification in Michigan

Compliant with both the Michigan Sex Offenders Registration Act and the Federal Sex Offender Registration and Notification Act (SORNA), the State of Michigan ranks sex offenders in a three-tiered system. To ensure public safety, this system groups offenders based on the crime they committed and the level of risks they pose to the public. Some crimes in each tier include:

TIER–1 Sex Offenders

When it is determined that an offender’s risk of reoffense is considerably low, the offender is designated a tier 1 sex offender. Because the degree of threat posed by offenders in this group is not dangerous to public safety, they are not listed on public databases. Examples of crimes classified as Tier 1 offenses include:

• Most crimes classified as fourth-degree criminal sexual conducts against victims aged 18 years or above
• Human trafficking
• Peeping
• Voyeurism
• Possession of child pornography

TIER II Sex Offenders

Tier II sex offenders have a moderate risk of re-offense. As such, they are published and made available to the public as a precautionary step. Examples of Michigan sex crimes under Tier II offenses include:

• Solicitation of minors for illegal purposes
• Sex crimes involving coercion and enticement
• Criminal sexual conducts involving penetration and minors aged between 13 and 16
• Transportation of minors for the sake of unlawful sexual activities
• Distribution of child pornography
• Repeat offenses involving offenders already classified under tier I
• Attempting or conspiring to commit any tier II crime

Tier III Offenders

Tier III offenders are considered high-risk in Michigan. As with tier II, information regarding offenders in this group are available to the public’s eyes. Below are some offenses in tier III:

• First and third degree criminal sexual misconducts
• Second-degree sexual misconduct of victims that are less than 13 years of age

How Do I Find A Sex Offender Near Me in Michigan?

The Michigan Sex Offenders Act bestowed the Michigan State Police (MSP) with the duty of maintaining the state’s sex offenders registry. This office in Lansing works together with all 83 county sheriffs as well as the numerous local police departments in the state to ensure that registered offenders are compliant with set rules and guidelines.

How to find sex offenders living in my neighborhood online

To find sex offenders living near specific neighborhoods, head over to the MSP’s Sex Offender Registry Page to perform quick searches using six criteria:

• Search by area: This tool is helpful for finding all published offenders living within a specific radius to a home, school, business, or any other address of choice
• Search by name including first or last name. Limit search results by including aliases (if any)
• Search by city
• Search by zip code
• Searching by the non-compliant feature displays all non-compliant and potential predatory offenders

It is recommended to sign up for MSP’s email alert in order to receive notifications whenever a sex offender relocates to identified neighborhoods. Also, it is possible to track a specific offender’s move using this online database. To do this, simply search and click on the offender’s photo, name, or the magnifying glass to be redirected to the Offender Details Page. Then, click on the Register to Track this Offender link below the photo to continue. Make sure to enter a working email as that is where all notifications will be directed to.

How to find sex offenders living near my neighbourhood in person

To look up specific offenders in person, querying parties are required to visit the applicable sheriff’s office during normal business hours. To avoid futile journeys, contact the sheriff’s office beforehand for queries and to confirm if offer in-person services for viewing public sex offenders within their jurisdiction.

Michigan Sex Offender Registry

The Michigan Sex Offender Registry (SOR) is a unified database featuring the names, addresses, and associated offense details of all offenders convicted of certain sexual misconduct in the state. This database was created by the Michigan Sex Offender Registry Act of 1994. Under this act, sexual offenders are classified into three tiers: I, II, and III. Tier I offenders must report in person to the state police or their local law enforcement agency once a year to verify their addresses. Tier II sex offenders are mandated to verify their addresses two times per year while tier III offenders are placed on strict surveillance involving quarterly verifications. The length of time offenders will remain registered as sex offenders varies among these tiers. Tier 1 and tier 2 offenders remain registered for 15 and 25 years respectively. Note that stated periods do not include any periods of conviction or incarceration. Because of the nature of tier 3 sex crimes, offenders in this category must register for life.

What are the Sex Offender Restrictions in Michigan?

The major restriction on sex offenders living in the State of Michigan is residency restriction. This specialized form of restriction prohibits registered sex offenders from residing within 1,000 feet from places where minors congregate such as daycare centers and schools. Other restrictions enforced in the state include:

• Employment restrictions
• Volunteer restrictions
• Commercial driving restrictions
• Babysitting restrictions
• Custody restrictions
• Others; including restrictions from practicing as medical professionals, getting legal name changes, and many more.