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Criminal Sexual Conduct in the 2nd Degree is a felony that carries a maximum penalty of up to 15 years in the State Penitentiary.

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CJI2d 20.2 Michigan Criminal Jury Instructions - Elements of the Crime Criminal Sexual Conduct in the Second Degree

(1) The defendant is charged with the crime of second-degree criminal sexual conduct. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant intentionally [touched (name complainant)'s / made (name complainant) touch (his / her)] [genital area / groin / inner thigh / buttock / (or) breast] or the clothing covering that area.

(3) Second, that this was done for sexual purposes or could reasonably be construed as having been done for sexual purposes.

(4) [Follow this instruction with one or more of the nine alternatives, CJI2d 20.3 to CJI2d 20.11, as warranted by the evidence. See the table of contents on p. 20-1 for a list of the alternatives.] See CJI2d 20.3 to 20.11 below:

CJI2d 20.3

Complainant Under Thirteen Years of Age

[Second / Third], that [name complainant] was less than thirteen years old at the time of the alleged act.

CJI2d 20.4

Complainant Between Thirteen and Sixteen Years of Age

(1) [Second / Third], that [name complainant] was thirteen, fourteen, or fifteen years old at the time of the alleged act.

[Choose one of the following:]

(2) [Third / Fourth], that at the time of the alleged act the defendant and [name complainant] were living in the same household.

(3) [Third / Fourth], that [name complainant] is related to the defendant, either by blood or by marriage, as [state relationship, e.g., first cousins].

(4) [Third / Fourth], that at the time of the alleged act the defendant was in a position of authority over [name complainant], and used this authority to coerce [name complainant] to submit to the sexual acts alleged. It is for you to decide whether, under the facts and circumstances of this case, the defendant was in a position of authority.

CJI2d 20.5

Sexual Act in Conjunction with the Commission of a Felony

(1) [Second / Third], that the alleged sexual act occurred under circumstances that also involved [state other felony].

(2) [Give the elements of the felony alleged.]

CJI2d 20.6

Aiders and Abettors--Complainant Mentally Incapable, Mentally Incapacitated, or Physically Helpless

(1) [Second / Third], that before or during the alleged sexual act, the defendant was assisted by another person, who either did something or gave encouragement to assist the commission of the crime.

(2) [Third / Fourth], that [name complainant] was [mentally incapable / mentally incapacitated / physically helpless] at the time of the alleged act.

[Choose one or more of (3), (4), or (5):]

(3) Mentally incapable means that [name complainant] was suffering from a mental disease or defect that made [him / her] incapable of appraising either the physical or moral nature of [his / her] conduct.

(4) Mentally incapacitated means that [name complainant] was unable to understand or control what [he / she] was doing because of [drugs or alcohol given to (him / her) / something done to (him / her)] without [his / her] consent.

(5) Physically helpless means that [name complainant] was unconscious, asleep, or physically unable to communicate that [he / she] did not want to take part in the alleged act.

(6) [Fourth / Fifth], that the defendant knew or should have known that [name complainant] was [mentally incapable / mentally incapacitated / physically helpless] at the time of the alleged act.

CJI2d 20.7

Aiders and Abettors--Use of Force or Coercion

(1) [Second / Third], that before or during the alleged sexual act, the defendant was assisted by another person, who either did something or gave encouragement to assist the commission of the crime.

(2) [Third / Fourth], that the defendant used force or coercion to commit the sexual act.

CJI2d 20.8

Armed with a Weapon

(1) [Second / Third], that the defendant was armed at the time with:

[Choose one or more of the following:]

(a) A weapon [or with]

(b) Any [other] object capable of causing physical injury that the defendant used as a weapon [or with]

(c) Any [other] object used or fashioned in a manner to lead [name complainant] to reasonably believethat it was a weapon.

CJI2d 20.9

Personal Injury--Use of Force or Coercion

(1) [Second / Third], that the defendant caused personal injury to [name complainant].

(2) Personal injury means bodily injury, disfigurement, chronic pain, pregnancy, disease, loss or impairment of a sexual or reproductive organ, or mental anguish. Mental anguish means extreme pain, extreme distress, or extreme suffering, either at the time of the event or later as a result of it.

[(3) Here are some things you may think about in deciding whether (name complainant) suffered mental anguish:

(a) Was (name complainant) upset, crying, or hysterical during or after the event?

(b) Did (he / she) need psychological treatment?

(c) Did the incident interfere with (name complainant)'s ability to work or lead a normal life?

(d) Was (name complainant) afraid that (he / she) or someone else would be hurt or killed?

(e) Did (he / she) feel angry or humiliated?

(f) Did (name complainant) need medication for anxiety, insomnia, or other symptoms?

(g) Did the emotional effects of the incident last a long time?

(h) Did (name complainant) feel scared afterward about the possibility of being attacked again?

(i) Was the defendant (name complainant)'s parent?

(4) These are not the only things you should think about. No single factor is necessary. You must think about all the facts and circumstances to decide whether (name complainant) suffered mental anguish.][FN 1]

(5) [Third / Fourth], the prosecutor must prove that the defendant used force or coercion to commit the sexual act. "Force or coercion" means that the defendant either used physical force or did something to make [name complainant] reasonably afraid of present or future danger.[FN 2]

CJI2d 20.10

Personal Injury--Complainant Mentally Incapable, Mentally Incapacitated, or Physically Helpless

(1) [Second / Third], that the defendant caused personal injury to [name complainant].

(2) Personal injury means bodily injury, disfigurement, chronic pain, pregnancy, disease, loss or impairment of a sexual or reproductive organ, or mental anguish. Mental anguish means extreme pain, extreme distress, or extreme suffering, either at the time of the event or later as a result of it.

[(3) Here are some things you may think about in deciding whether (name complainant) suffered mental anguish:

(a) Was (name complainant) upset, crying, or hysterical during or after the event?

(b) Did (he / she) need psychological treatment?

(c) Did the incident interfere with (name complainant)'s ability to work or lead a normal life?

(d) Was (name complainant) afraid that (he / she) or someone else would be hurt or killed?

(e) Did (he / she) feel angry or humiliated?

(f) Did (he / she) need medication for anxiety, insomnia, or other symptoms?

(g) Did the emotional effects of the incident last a long time?

(h) Did (name complainant) feel scared afterward about the possibility of being attacked again?

(i) Was the defendant (name complainant)'s parent?

(4) These are not the only things you should think about. No single factor is necessary. You must think about all the facts and circumstances to decide whether (name complainant) suffered mental anguish.][*]

(5) [Third / Fourth], the prosecutor must prove that [name complainant] was [mentally incapable / mentally incapacitated / physically helpless] at the time of the alleged act.

[Choose one or more of (6), (7), or (8):]

(6) Mentally incapable means that [name complainant] was suffering from a mental disease or defect that made [him / her] incapable of appraising either the physical or moral nature of [his / her] conduct.

(7) Mentally incapacitated means that [name complainant] was unable to understand or control what [he / she] was doing because of [drugs or alcohol given to (him / her) / something done to (him / her)] without [his / her] consent.

(8) Physically helpless means that [name complainant] was unconscious, asleep, or physically unable to communicate that [he / she] didn't want to take part in the alleged act.

(9) Fourth, that the defendant knew or should have known that [name complainant] was [mentally incapable / mentally incapacitated / physically helpless] at the time of the alleged act.

CJI2d 20.11

Sexual Act with Mentally Incapable, Mentally Disabled, Mentally Incapacitated, or Physically Helpless Person

(1) [Second / Third], that [name complainant] was [mentally incapable / mentally disabled / mentally incapacitated / physically helpless] at the time of the alleged act.

[Choose one or more of (2), (3), (4), or (5):]

(2) Mentally incapable means that [name complainant] was suffering from a mental disease or defect that made [him / her] incapable of appraising either the physical or moral nature of [his / her] conduct.

(3) Mentally disabled means that [name complainant] has a mental illness, is mentally retarded, or has a developmental disability. “Mental illness” is a substantial disorder of thought or mood that significantly impairs judgment, behavior, or the ability to recognize reality and deal with the ordinary demands of life. “Mental retardation” means significantly below average intelligence beginning before the age of eighteen that impairs behavior or the ability to deal with the ordinary demands of life. “Developmental disability” means an impairment of general thinking or behavior that originated before the age of eighteen, has continued since it started or can be expected to continue indefinitely, is a substantial burden to [name complainant]’s ability to function in society, and is caused by a condition requiring treatment and services similar to those required for mental retardation.

(4) Mentally incapacitated means that [name complainant] was unable to understand or control what [he / she] was doing because of [drugs or alcohol given to (him / her) / something done to (him / her)] without [his / her] consent.

(5) Physically helpless means that [name complainant] was unconscious, asleep, or physically unable to communicate that [he / she] did not want to take part in the alleged act.

(6) [Third / Fourth], that the defendant knew or should have known that [name complainant] was [mentally incapable / mentally incapacitated / physically helpless] at the time of the alleged act.

[Choose (7) or (8):]

(7) [Fourth / Fifth], that the defendant and [name complainant] were related to each other, either by blood or marriage, as [state relationship, e.g., first cousins].

(8) [Fourth / Fifth], that at the time of the alleged act the defendant was in a position of authority over [name complainant], and used this authority to coerce [name complainant] to submit to the sexual acts alleged. It is for you to decide whether, under the facts and circumstances of this case, the defendant was in a position of authority.

Penalty under Michigan Codified Law (Statutory law)

750.520c Criminal sexual conduct in the second degree; felony.

(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 school, nonpublic school, school district, or intermediate school district in which that other person is enrolled.

(v) The actor is an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.

(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 the corrections code of 1953, 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.

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