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Criminal Sexual Conduct

Criminal Sexual Conduct refers to criminal activities with a sexual component.  Criminal Sexual Conduct is a catch-all phrase that encompasses rape, sexual battery, molestation and so on.   Some states have degrees of criminal sexual conduct which cover a range of sexual contact by force or intimidation.  The law for criminal sexual conduct is gender neutral, and survivor resistance is not a factor in assessing criminal sexual conduct.

A person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration with the victim and if any of the following circumstances exists:

(1) the victim is under 13 years of age (age varies according to states);

(2) the victim is at least 13 but less than 16 years of age and the actor is a member of the same household as the victim, the actor is related to the victim by blood or affinity to the fourth degree to the victim, or the actor is in a position of authority over the victim and used this authority to coerce the victim to submit;

(3) sexual penetration occurs under circumstances involving the commission of any other felony;

(4) the actor is aided or abetted by one 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 defective, mentally incapacitated or physically helpless; or

(ii) the actor uses force or coercion to accomplish the sexual penetration.

(5) 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;

(6) the actor causes personal injury to the victim and force or coercion is used to accomplish sexual penetration; and

(7) the actor causes personal injury to the victim, and the actor knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless.

(b) Criminal sexual conduct in the first degree is a felony in the first

degree.  Any person convicted of criminal sexual conduct shall be sentenced to a minimum of 15 years imprisonment, and may be sentenced to a maximum of life imprisonment without the

possibility of parole. Any person convicted of criminal sexual conduct in the first degree shall not be eligible for work release or educational programs outside the confines of prison.

Second, third and fourth degree criminal sexual conduct generally incorporate the same elements as first degree criminal sexual conduct, but aggravating factors such as assault, battery, and force used are held to be of a lesser degree.  As mentioned above, it is important to note that the age of the victim in a criminal sexual conduct case varies from state to state, as do the aggravating factors and methods of coercion.   You can find a qualified criminal defense lawyer to assist you with a charge of criminal sexual conduct at http://www.crimelawyers.org/


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