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THE
MICHIGAN PENAL CODE
Division
CHAPTER XX CHILDREN (750.135...750.145d)
750.140
Children; exhibition; employ; apprentice.
Sec.
140.
Any person having the care, custody, or control of any child under 16
years of age, who shall exhibit, use, or employ, or who shall apprentice, give
away, let out, or otherwise dispose of the child to any person in or for the
vocation, service, or occupation of rope or wire walking, gymnast,
contortionist, rider, or acrobat, dancing, or begging in any place whatsoever,
or for any obscene, indecent, or immoral purpose, exhibition, or practice
whatsoever, or for any exhibition injurious to the health or dangerous to the
life or limb of the child, or who shall cause, procure, or encourage the child
to engage therein, and any person who shall take, receive, hire, employ, use,
exhibit, or have in custody any child for any of the purposes mentioned in this
section, is guilty of a misdemeanor punishable by imprisonment for not more
than 1 year or a fine of not more than $1,000.00.
750.145a
Accosting, enticing or soliciting child for immoral purpose.
Sec.
145a.
A person who accosts, entices, or solicits a child less than 16 years
of age, regardless of whether the person knows the individual is a child or
knows the actual age of the child, or an individual whom he or she believes is
a child less than 16 years of age with the intent to induce or force that child
or individual to commit an immoral act, to submit to an act of sexual
intercourse or an act of gross indecency, or to any other act of depravity or
delinquency, or who encourages a child less than 16 years of age, regardless of
whether the person knows the individual is a child or knows the actual age of
the child, or an individual whom he or she believes is a child less than 16
years of age to engage in any of those acts is guilty of a felony punishable by
imprisonment for not more than 4 years or a fine of not more than $4,000.00, or
both.
750.145b
Accosting, enticing or soliciting child for immoral purpose; prior conviction;
penalty.
Sec.
145b.
(1) A person convicted of violating section 145a who has 1 or more
prior convictions is guilty of a felony punishable by imprisonment for not more
than 10 years or a fine of not more than $10,000.00, or both.
(2) If the prosecuting attorney intends to seek an enhanced sentence
based upon the defendant having 1 or more prior convictions, the prosecuting
attorney shall include on the complaint and information a statement listing the
prior conviction or convictions. The existence of the defendant's prior
conviction or convictions shall be determined by the court, without a jury, at
sentencing or at a separate hearing for that purpose before sentencing. The
existence of a prior conviction may be established by any evidence relevant for
that purpose, including, but not limited to, 1 or more of the following:
(a) A copy of the judgment of conviction.
(b) A transcript of a prior trial, plea-taking, or sentencing.
(c) Information contained in a presentence report.
(d) The defendant's statement.
(3) As used in this section, “prior conviction” means a violation of
section 145a or a violation of a law of another state substantially
corresponding to section 145a.
750.145d
Use of internet or computer system; prohibited communication; violation;
penalty; order to reimburse state or local governmental unit; definitions.
Sec.
145d.
(1) A person
shall not use the internet or a computer, computer program, computer network,
or computer system to communicate with any person for the purpose of doing any
of the following:
(a) Committing,
attempting to commit, conspiring to commit, or soliciting another person to
commit conduct proscribed under section 145a, 145c, 157c, 349, 350, 520b, 520c,
520d, 520e, or 520g, or section 5 of 1978 PA 33, MCL 722.675, in which the
victim or intended victim is a minor or is believed by that person to be a
minor.
(b) Committing,
attempting to commit, conspiring to commit, or soliciting another person to
commit conduct proscribed under section 411h or 411i.
(c) Committing,
attempting to commit, conspiring to commit, or soliciting another person to
commit conduct proscribed under chapter XXXIII or section 327, 327a, 328, or
411a(2).
(2) A person
who violates this section is guilty of a crime as follows:
(a) If the
underlying crime is a misdemeanor or a felony with a maximum term of
imprisonment of less than 1 year, the person is guilty of a misdemeanor
punishable by imprisonment for not more than 1 year or a fine of not more than
$5,000.00, or both.
(b) If the
underlying crime is a misdemeanor or a felony with a maximum term of
imprisonment of 1 year or more but less than 2 years, the person is guilty of a
felony punishable by imprisonment for not more than 2 years or a fine of not
more than $5,000.00, or both.
(c) If the
underlying crime is a misdemeanor or a felony with a maximum term of
imprisonment of 2 years or more but less than 4 years, the person is guilty of
a felony punishable by imprisonment for not more than 4 years or a fine of not
more than $5,000.00, or both.
(d) If the
underlying crime is a felony with a maximum term of imprisonment of 4 years or
more but less than 10 years, the person is guilty of a felony punishable by imprisonment
for not more than 10 years or a fine of not more than $5,000.00, or both.
(e) If the
underlying crime is a felony punishable by a maximum term of imprisonment of 10
years or more but less than 15 years, the person is guilty of a felony
punishable by imprisonment for not more than 15 years or a fine of not more
than $10,000.00, or both.
(f) If the
underlying crime is a felony punishable by a maximum term of imprisonment of 15
years or more or for life, the person is guilty of a felony punishable by
imprisonment for not more than 20 years or a fine of not more than $20,000.00,
or both.
(3) The court
may order that a term of imprisonment imposed under this section be served
consecutively to any term of imprisonment imposed for conviction of the underlying
offense.
(4) This
section does not prohibit a person from being charged with, convicted of, or
punished for any other violation of law committed by that person while
violating or attempting to violate this section, including the underlying
offense.
(5) This
section applies regardless of whether the person is convicted of committing,
attempting to commit, conspiring to commit, or soliciting another person to
commit the underlying offense.
(6) A violation
or attempted violation of this section occurs if the communication originates
in this state, is intended to terminate in this state, or is intended to
terminate with a person who is in this state.
(7) A violation
or attempted violation of this section may be prosecuted in any jurisdiction in
which the communication originated or terminated.
(8) The court
may order a person convicted of violating this section to reimburse this state
or a local unit of government of this state for expenses incurred in relation
to the violation in the same manner that expenses may be ordered to be
reimbursed under section 1f of chapter IX of the code of criminal procedure,
1927 PA 175, MCL 769.1f.
(9) As used in
this section:
(a) “Computer”
means any connected, directly interoperable or interactive device, equipment,
or facility that uses a computer program or other instructions to perform
specific operations including logical, arithmetic, or memory functions with or
on computer data or a computer program and that can store, retrieve, alter, or
communicate the results of the operations to a person, computer program,
computer, computer system, or computer network.
(b) “Computer
network” means the interconnection of hardwire or wireless communication lines
with a computer through remote terminals, or a complex consisting of 2 or more
interconnected computers.
(c) “Computer
program” means a series of internal or external instructions communicated in a
form acceptable to a computer that directs the functioning of a computer,
computer system, or computer network in a manner designed to provide or produce
products or results from the computer, computer system, or computer network.
(d) “Computer
system” means a set of related, connected or unconnected, computer equipment,
devices, software, or hardware.
(e) “Device”
includes, but is not limited to, an electronic, magnetic, electrochemical,
biochemical, hydraulic, optical, or organic object that performs input, output,
or storage functions by the manipulation of electronic, magnetic, or other
impulses.
(f) “Internet”
means that term as defined in section 230 of title II of the communications act
of 1934, chapter 652, 110 Stat. 137, 47 U.S.C. 230.
(g) “Minor”
means an individual who is less than 18 years of age.
THE
MICHIGAN PENAL CODE
Division
CHAPTER XXV CRIME AGAINST NATURE OR SODOMY (750.158...750.159)
Act
328 of 1931
750.158
Crime against nature or sodomy; penalty.
Sec. 158.
Any person who
shall commit the abominable and detestable crime against nature either with
mankind or with any animal shall be guilty of a felony, punishable by
imprisonment in the state prison not more than 15 years, or if such person was
at the time of the said offense a sexually delinquent person, may be punishable
by imprisonment in the state prison for an indeterminate term, the minimum of
which shall be 1 day and the maximum of which shall be life.
750.159
Emission need not be proved.
Sec. 159.
In any
prosecution for sodomy, it shall not be necessary to prove emission, and any
sexual penetration, however slight, shall be deemed sufficient to complete the crime
specified in the next preceding section.
THE
MICHIGAN PENAL CODE
Division
CHAPTER XLVII INCEST (750.333...750.334)
328-1931-XLVII
750.333 Repealed. 1974, Act 266, Eff. Apr. 1, 1975.
Compiler's
Notes: The repealed section
pertained to incest.
THE
MICHIGAN PENAL CODE
Division
CHAPTER XLVIII INDECENCY AND IMMORALITY (750.335...750.347)
328-1931-XLVIII
Act 328 of 1931
750.338b Gross indecency; between male and female persons.
Sec. 338b.
Any male person
who, in public or in private, commits or is a party to the commission of any
act of gross indecency with a female person shall be guilty of a felony,
punishable as provided in this section. Any female person who, in public or in
private, commits or is a party to the commission of any act of gross indecency
with a male person shall be guilty of a felony punishable as provided in this
section. Any person who procures or attempts to procure the commission of any
act of gross indecency by and between any male person and any female person
shall be guilty of a felony punishable as provided in this section. Any person
convicted of a felony as provided in this section shall be punished by
imprisonment in the state prison for not more than 5 years, or by a fine of not
more than $2,500.00, or if such person was at the time of the said offense a
sexually delinquent person, may be punishable by imprisonment in the state
prison for an indeterminate term, the minimum of which shall be 1 day and the
maximum of which shall be life.
THE
MICHIGAN PENAL CODE
Division CHAPTER LXXVI RAPE
(750.520...750.520n.added)
Act
328 of 1931
750.520b
Criminal sexual conduct in the first degree; felony.
Sec. 520b.
(1) A person is
guilty of criminal sexual conduct in the first degree if he or she engages in
sexual penetration 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 to the victim by blood or affinity to the fourth degree.
(iii) The actor
is in a position of authority over the victim and used this authority to coerce
the victim to submit.
(iv) The actor
is a teacher, substitute teacher, or administrator of the public or nonpublic
school in which that other person is enrolled.
(c) Sexual
penetration 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 penetration. Force or coercion
includes but is not limited to any of the circumstances listed in subdivision
(f)(i) to (v).
(e) The actor
is armed with a weapon or any article used or fashioned in a manner to lead the
victim 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 sexual penetration. Force or coercion includes but is not limited to
any of the following circumstances:
(i) When the
actor overcomes the victim through the actual application of physical force or
physical violence.
(ii) When the
actor coerces the victim to submit by threatening to use force or violence on
the victim, and the victim believes that the actor has the present ability to
execute these threats.
(iii) When the
actor coerces the victim to submit by threatening to retaliate in the future
against the victim, or any other person, and the victim believes that the actor
has the ability to execute this threat. As used in this subdivision, “to
retaliate” includes threats of physical punishment, kidnapping, or extortion.
(iv) When the
actor engages in the medical treatment or examination of the victim in a manner
or for purposes which are medically recognized as unethical or unacceptable.
(v) When the
actor, through concealment or by the element of surprise, is able to overcome
the victim.
(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.
(2) Criminal
sexual conduct in the first degree is a felony punishable by imprisonment in
the state prison for life or for any term of years.
750.520b.amended
Criminal sexual conduct in the first degree; felony; consecutive terms.
Sec. 520b.
(1) A person is
guilty of criminal sexual conduct in the first degree if he or she engages in
sexual penetration 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 to the victim by blood or affinity to the fourth degree.
(iii) The actor
is in a position of authority over the victim and used this authority to coerce
the victim to submit.
(iv) The actor
is a teacher, substitute teacher, or administrator of the public or nonpublic
school in which that other person is enrolled.
(c) Sexual
penetration 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 penetration. Force or coercion
includes, but is not limited to, any of the circumstances listed in subdivision
(f).
(e) The actor
is armed with a weapon or any article used or fashioned in a manner to lead the
victim 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
sexual penetration. Force or coercion includes, but is not limited to, any of
the following circumstances:
(i) When the
actor overcomes the victim through the actual application of physical force or
physical violence.
(ii) When the
actor coerces the victim to submit by threatening to use force or violence on
the victim, and the victim believes that the actor has the present ability to
execute these threats.
(iii) When the
actor coerces the victim to submit by threatening to retaliate in the future against
the victim, or any other person, and the victim believes that the actor has the
ability to execute this threat. As used in this subdivision, "to
retaliate" includes threats of physical punishment, kidnapping, or
extortion.
(iv) When the
actor engages in the medical treatment or examination of the victim in a manner
or for purposes that are medically recognized as unethical or unacceptable.
(v) When the
actor, through concealment or by the element of surprise, is able to overcome
the victim.
(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.
(2) Criminal
sexual conduct in the first degree is a felony punishable as follows:
(a) Except as
provided in subdivisions (b) and (c), by imprisonment for life or for any term
of years.
(b) For a
violation that is committed by an individual 17 years of age or older against
an individual less than 13 years of age by imprisonment for life or any term of
years, but not less than 25 years.
(c) For a
violation that is committed by an individual 17 years of age or older against
an individual less than 13 years of age, by imprisonment for life without the
possibility of parole if the person was previously convicted of a violation of
this section or section 520c, 520d, 520e, or 520g committed against an
individual less than 13 years of age or a violation of law of the United
States, another state or political subdivision substantially corresponding to a
violation of this section or section 520c, 520d, 520e, or 520g committed
against an individual less than 13 years of age.
(d) In addition
to any other penalty imposed under subdivision (a) or (b), the court shall
sentence the defendant to lifetime electronic monitoring under section 520n.
(3) The court
may order a term of imprisonment imposed under this section to be served
consecutively to any term of imprisonment imposed for any other criminal
offense arising from the same transaction.
750.520c
Criminal sexual conduct in the second degree; felony.
Sec. 520c.
(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 or nonpublic
school in which that other person is enrolled.
(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 sections
520b(1)(f)(i) to (v).
(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)(i) to (v).
(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 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 by imprisonment for
not more than 15 years.
750.520c.amended
Criminal sexual conduct in the second degree; felony.
Sec. 520c.
(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 or nonpublic
school in which that other person is enrolled.
(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 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.
750.520d
Criminal sexual conduct in the third degree; felony.
Sec. 520d.
(1) A person is
guilty of criminal sexual conduct in the third degree if the person engages in
sexual penetration with another person and if any of the following
circumstances exist:
(a) That other
person is at least 13 years of age and under 16 years of age.
(b) Force or
coercion is used to accomplish the sexual penetration. Force or coercion
includes but is not limited to any of the circumstances listed in section
520b(1)(f)(i) to (v).
(c) The actor
knows or has reason to know that the victim is mentally incapable, mentally
incapacitated, or physically helpless.
(d) That other
person is related to the actor by blood or affinity to the third degree and the
sexual penetration occurs under circumstances not otherwise prohibited by this
chapter. 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.
(e) That other
person is at least 16 years of age but less than 18 years of age and a student
at a public or nonpublic school, and the actor is a teacher, substitute
teacher, or administrator of that public or nonpublic school. This subdivision
does not apply if the other person is emancipated or if both persons are
lawfully married to each other at the time of the alleged violation.
(2) Criminal
sexual conduct in the third degree is a felony punishable by imprisonment for
not more than 15 years.
750.520e
Criminal sexual conduct in the fourth degree; misdemeanor.
Sec. 520e.
(1) A person is
guilty of criminal sexual conduct in the fourth degree if he or she engages in
sexual contact with another person and if any of the following circumstances
exist:
(a) That other
person is at least 13 years of age but less than 16 years of age, and the actor
is 5 or more years older than that other person.
(b) Force or
coercion is used to accomplish the sexual contact. Force or coercion includes,
but is not limited to, any of the following circumstances:
(i) When the
actor overcomes the victim through the actual application of physical force or
physical violence.
(ii) When the
actor coerces the victim to submit by threatening to use force or violence on
the victim, and the victim believes that the actor has the present ability to
execute that threat.
(iii) When the
actor coerces the victim to submit by threatening to retaliate in the future
against the victim, or any other person, and the victim believes that the actor
has the ability to execute that threat. As used in this subparagraph, “to
retaliate” includes threats of physical punishment, kidnapping, or extortion.
(iv) When the
actor engages in the medical treatment or examination of the victim in a manner
or for purposes which are medically recognized as unethical or unacceptable.
(v) When the
actor achieves the sexual contact through concealment or by the element of
surprise.
(c) The actor
knows or has reason to know that the victim is mentally incapable, mentally
incapacitated, or physically helpless.
(d) That other
person is related to the actor by blood or affinity to the third degree and the
sexual contact occurs under circumstances not otherwise prohibited by this
chapter. 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.
(e) The actor
is a mental health professional and the sexual contact occurs during or within
2 years after the period in which the victim is his or her client or patient
and not his or her spouse. The consent of the victim is not a defense to a
prosecution under this subdivision. A prosecution under this subsection shall
not be used as evidence that the victim is mentally incompetent.
(f) That other
person is at least 16 years of age but less than 18 years of age and a student
at a public or nonpublic school, and the actor is a teacher, substitute
teacher, or administrator of that public or nonpublic school. This subdivision
does not apply if the other person is emancipated or if both persons are
lawfully married to each other at the time of the alleged violation.
(2) Criminal
sexual conduct in the fourth degree is a misdemeanor punishable by imprisonment
for not more than 2 years or a fine of not more than $500.00, or both.
750.520f
Second or subsequent offense; penalty.
Sec. 520f.
(1) If a person
is convicted of a second or subsequent offense under section 520b, 520c, or
520d, the sentence imposed under those sections for the second or subsequent
offense shall provide for a mandatory minimum sentence of at least 5 years.
(2) For
purposes of this section, an offense is considered a second or subsequent
offense if, prior to conviction of the second or subsequent offense, the actor
has at any time been convicted under section 520b, 520c, or 520d or under any
similar statute of the United States or any state for a criminal sexual offense
including rape, carnal knowledge, indecent liberties, gross indecency, or an
attempt to commit such an offense.
750.520g
Assault with intent to commit criminal sexual conduct; felony.
Sec. 520g.
(1) Assault
with intent to commit criminal sexual conduct involving sexual penetration
shall be a felony punishable by imprisonment for not more than 10 years.
(2) Assault
with intent to commit criminal sexual conduct in the second degree is a felony
punishable by imprisonment for not more than 5 years.
750.520h
Corroboration of victim's testimony not required.
Sec. 520h.
The testimony
of a victim need not be corroborated in prosecutions under sections 520b to
520g.
750.520i
Resistance by victim not required.
Sec. 520i.
A victim need
not resist the actor in prosecution under sections 520b to 520g.
Chapter 760
CODE OF CRIMINAL PROCEDURE
Act
175 of 1927
Chapter VII
GRAND JURIES, INDICTMENTS, INFORMATIONS AND PROCEEDINGS BEFORE TRIAL
767.24 Indictments; finding and filing; limitations.
Sec. 24.
(1) An
indictment for murder, conspiracy to commit murder, solicitation to commit
murder, criminal sexual conduct in the first degree, or a violation of the
Michigan anti-terrorism act, chapter LXXXIII-A of the Michigan penal code, 1931
PA 328, MCL 750.543a to 750.543z, or a violation of chapter XXXIII of the
Michigan penal code, 1931 PA 328, MCL 750.200 to 750.212a, that is punishable
by life imprisonment may be found and filed at any time.
(2) An
indictment for a violation or attempted violation of section 145c, 520c, 520d,
520e, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.145c, 750.520c,
750.520d, 750.520e, and 750.520g, may be found and filed as follows:
(a)
Except as otherwise provided in subdivision (b), an indictment may be found and
filed within 10 years after the offense is committed or by the alleged victim's
twenty-first birthday, whichever is later.
(b) If
evidence of the violation is obtained and that evidence contains DNA that is
determined to be from an unidentified individual, an indictment against that
individual for the violation may be found and filed at any time after the
offense is committed. However, after the individual is identified, the
indictment may be found and filed within 10 years after the individual is
identified or by the alleged victim's twenty-first birthday, whichever is
later.
(c) As
used in this subsection:
(i)
"DNA" means human deoxyribonucleic acid.
(ii)
"Identified" means the individual's legal name is known and he or she
has been determined to be the source of the DNA.
(3) An
indictment for kidnapping, extortion, assault with intent to commit murder, attempted
murder, manslaughter, or first-degree home invasion may be found and filed
within 10 years after the offense is committed.
(4) An
indictment for identity theft or attempted identity theft may be found and
filed as follows:
(a)
Except as otherwise provided in subdivision (b), an indictment may be found and
filed within 6 years after the offense is committed.
(b) If
evidence of the violation is obtained and the individual who committed the
offense has not been identified, an indictment may be found and filed at any
time after the offense is committed, but not more than 6 years after the
individual is identified.
(c) As
used in this subsection:
(i)
"Identified" means the individual's legal name is known.
(ii)
"Identity theft" means 1 or more of the following:
(A)
Conduct prohibited in section 5 or 7 of the identity theft protection act, 2004
PA 452, MCL 445.65 and 445.67.
(B)
Conduct prohibited under former section 285 of the Michigan penal code, 1931 PA
328.
(5) All
other indictments may be found and filed within 6 years after the offense is
committed.
(6) Any
period during which the party charged did not usually and publicly reside
within this state is not part of the time within which the respective
indictments may be found and filed.
(7) The
extension or tolling, as applicable, of the limitations period provided in this
section applies to any of those violations for which the limitations period has
not expired at the time the extension or tolling takes effect.
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