Michigan Rape Laws

Michigan Penal Code Section 750.520 et seq.

Sexual assault: Any form of unwanted sexual contact done without consent or through the use of force, threat of force, intimidation, or coercion

Sexual penetration: Vaginal, anal, or oral intercourse or putting a finger or other object into another person's anal or genital opening

Sexual contact: Intentional touching of the victim's or actor's intimate parts or the clothing covering those intimate parts for sexual arousal or gratification, done for a sexual purpose or in a sexual manner, or done in a sexual manner for revenge or to inflict humiliation or out of anger

§ 750.520b — First-degree criminal sexual conduct (felony): Engage in a sexual act involving sexual penetration (broadly defined) and any of the following:

• The victim is under 13.
• The victim is 13-15 years old and any of the following: (1) lives in the offender's house; (2) is a blood-relative to the offender; (3) the offender is in a position of authority over the victim and used their authority to coerce them; (4) the offender is associated with a school in which the victim is enrolled; or (5) the offender is associated with a child care or foster home facility and uses their status to establish a relationship with the victim.
• One or more people aided the offender and used force or coercion to accomplish the sexual penetration, or the victim was mentally or physically incapacitated.
• The offender has a weapon (or leads the victim to believe they have a weapon).
• The offender causes personal injury to the victim and uses force or coercion to accomplish the sexual penetration.
• The offender causes personal injury to the victim, and the offender knows (or should know) that the victim is mentally or physically incapacitated.
• The offender engages in sexual penetration while committing another felony.

§ 750.520c — Second-degree criminal sexual conduct (felony): Someone is guilty of second-degree CSC if they engage in sexual contact with a person and any of the circumstances listed for first-degree CSC. Note that sexual contact involves the following:

• The intentional touching of a person's intimate parts (or the clothing covering an intimate part), and
• The touching is for sexual arousal, gratification, or otherwise for a sexual purpose, or
• In a sexual manner for revenge, to inflict humiliation, or out of anger.

Refer to the first-degree felony CSC for the specific situations in which a person is guilty of second-degree CSC involving sexual contact. Besides those, a person is guilty of second-degree CSC if they engage in sexual contact in the following situations:

• The offender is an employee, contractor, or volunteer at the Department of Corrections, and they know the victim is under the department's jurisdiction.
• The offender is an employee, contractor, or volunteer with the county or Department of Corrections, and they know the victim is a prisoner or probationer under the county or department's jurisdictions.
• The offender is an employee, contractor, or volunteer with a facility where the court has detained or committed the victim.

§ 750.520d — Third-degree criminal sexual conduct (felony): A person is guilty of third-degree CSC when they engage in sexual penetration of another person in any of the following circumstances:

• The victim is at least 13 but less than 16 years old
• The offender uses force or coercion
• The offender knows the victim is mentally incapable, incapacitated, or physically helpless
• The victim is related to the offender by blood, and the sexual penetration happens under circumstances not otherwise prohibited by law
• The victim is at least 16 but less than 18 years old, is a student at a school, and the offender is a teacher, employee, or otherwise associated with the school and used their status to gain access to (or establish a relationship with) the victim
• The victim is at least 16 but less than 26 years old, is a student at a school and gets special education services, and the offender is a teacher, employee, or otherwise associated with the school and used their status to gain access to (or establish a relationship with) the victim
• The victim is at least 16 years old and is a resident of a child care organization or a foster home, and the offender is an employee, contractor, or volunteer at the organization or foster home.

§ 750-520e — Fourth-degree criminal sexual conduct (misdemeanor): A person is guilty of fourth-degree CSC if they engage in sexual contact with another person and any of the following circumstances exist:

• The victim is at least 13 but less than 16 years old, and the offender is five or more years older than the victim
• The offender uses force or coercion to accomplish the sexual contact
• The offender knows (or has reason to know) that the victim is mentally incapable, incapacitated, or physically helpless
• The victim is related to the offender by blood, and the sexual contact happens under circumstances not otherwise prohibited by law
• The offender is a mental health professional, and the sexual contact happened within two years after the time in which the victim had a client relationship with the offender. The victim's consent is not a defense.
• The victim is at least 16 years old but less than 18 years old, is a student at a school, and the offender is a teacher, employee, or otherwise associated with the school where the victim is enrolled, and the offender used their status to gain access to (or establish a relationship with) the victim
• The victim is at least 16 but less than 26 years old, is a student at a school and receives special education services, and the offender is a teacher, employee, or otherwise associated with the school and used their status to gain access to (or establish a relationship with) the victim
• The victim is at least 16 years old and is a resident of a child care organization or a foster home, and the offender is an employee, contractor, or volunteer at the organization or foster home

First-degree (felony): Life imprisonment and lifetime mandatory sex offender registration

Second-degree (felony): Up to 15 years of prison time and mandatory sex offender registration

Third-degree (felony): Up to 15 years in prison and mandatory sex offender registration

Fourth-degree (misdemeanor): Up to two years in prison and a fine of up to $500

Second or subsequent conviction: Mandatory minimum sentence of five years in prison (§ 750-520f)