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CJI2d 20.12 Michigan Criminal Jury Instructions - Elements of the Crime
Criminal Sexual Conduct in the Third Degree
1. The defendant is charged with the crime of third-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 engaged in a sexual act that involved:
[Choose one of the following:]
(a) entry into [name complainant]’s [genital opening / anal opening] by the defendant’s [penis / finger / tongue / (name object)]. Any entry, no matter how slight, is enough. It does not matter whether the sexual act was completed or whether semen was ejaculated.
(b) entry into [name complainant]’s mouth by the defendant’s penis. Any entry, no matter how slight, is enough. It does not matter whether the sexual act was completed or whether semen was ejaculated.
(c) touching of [name complainant]’s [genital openings / genital organs] with the defendant’s mouth or tongue.
(d) entry by [any part of one person’s body / some object] into the genital or anal opening of another person’s body. Any entry, no matter how slight, is enough. It is alleged in this case that a sexual act was committed by [state alleged act]. It does not matter whether the sexual act was completed or whether semen was ejaculated.
3. [Follow this instruction with one or more of the three alternatives, CJI2d 20.14, CJI2d 20.15, or CJI2d 20.16, as warranted by the evidence.]
CJI2d 20.14 Michigan Criminal Jury Instructions - Elements of the Crime
Complainant Between Thirteen and Sixteen Years of Age
Second, that [name complainant] was thirteen, fourteen, or fifteen years old at the time of the alleged act.
CJI2d 20.15 Michigan Criminal Jury Instructions - Elements of the Crime
Use of Force or Coercion
[Second / Third], 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.
CJI2d 20.16 Michigan Criminal Jury Instructions - Elements of the Crime
Complainant Mentally Incapable, Mentally Incapacitated, or Physically Helpless
1. [Second / Third], that [name complainant] was [mentally incapable / mentally incapacitated / physically helpless] at the time of the alleged act.
[Choose one or more of (a), (b), or (c):]
(a) 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.
(b) 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.
(c) 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.
2. [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.
Penalty under Michigan Codified Law (Statutory law)
750.520d Criminal sexual conduct in the third degree; felony.
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 school or nonpublic school, and either of the following applies:
(i) The actor is a teacher, substitute teacher, or administrator of that public school, nonpublic school, school district, or intermediate school district. This subparagraph 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.
(ii) 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.
(f) That other person is at least 16 years old but less than 26 years of age and is receiving special education services, and either of the following applies:
(i) The actor is a teacher, substitute teacher, administrator, employee, or contractual service provider of the public school, nonpublic school, school district, or intermediate school district from which that other person receives the special education services. This subparagraph does not apply if both persons are lawfully married to each other at the time of the alleged violation.
(ii) The actor 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.
2. Criminal sexual conduct in the third degree is a felony punishable by imprisonment for not more than 15 years.