Is it legal for a 17 year old to have sex with a 15 in Michigan?
Full Question:
Is it legal for a 17 year old to have sex with a 15 in Michigan?
11/29/2007 |
Category: Minors |
State: Michigan |
#13031
Answer:
The following are Michigan statutes:
750.520b 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 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.