Articles Posted in Sex Offenses

The Holmes Youthful Trainee Act (HYTA) provides an avenue for persons that are from 17 years old to before the person’s 21st birthday (at the time of the offense) to avoid a conviction and Sex Offender Registration Act (SORA) compliance.  Although a Defendant charged with a sex offense might be age eligible for HYTA there are other requirements pursuant to Michigan Compiled Law (MCL) 762.11 which might prevent the Defendant from receiving HYTA:

1) The Defendant must plead guilty, according to MCL 762.11(1).  A Defendant who is convicted at trial is ineligible for HYTA status.  The statute also does not provide for HYTA status for Defendants that plead no contest;
2) The Defendant must not have a prior conviction or adjudication for an offense which requires SORA registration, pursuant to MCL 762.11(3)(a).  This applies to persons that have a prior sex offense as an adult or juvenile.

Gross Indecency basically involves a sexual act between 2 or more persons in a public place, or in a location where a member of the public could have been exposed to or viewed the sexual act. Locations such as a rest stop, a public bathroom, a public park, and in a private home but in front of a window are all places in which sexual acts between consenting adults have and will result in prosecution for Gross Indecency in many instances.  A sexual act is more than just kissing for purposes of this offense; there must be some form of touching of a private part or sexual penetration between persons involving 1 or more private parts.

There are 3 offenses related to Gross Indecency in Michigan: Gross Indecency between Male and Female Persons (MCL 750.338b); Gross Indecency between Female Persons (MCL 750.338a); and Gross Indecency between Male Persons (MCL 750.338). Regardless of the sex or sexual orientation of the participants, the potential penalty is the same –  Gross Indecency is a felony offense which carries a possible punishment of up to 4 years in prison or a fine of not more than $2500. If the participant is deemed to be a sexually delinquent person, the Defendant (if convicted) faces an indeterminate prison sentence with a mandatory minimum of 1 day and a maximum of life. A sexually delinquent person is defined as a person whose sexual behavior is characterized by repetitive or compulsive acts which indicate a disregard of the consequences of the recognized rights of others, or by the use of force upon another person in attempting sexual relations of either a heterosexual or homosexual nature, or by the commission of sexual aggressions against children under the age of 16 years.

Gross Indecency may subject a Defendant, if convicted, to the requirements of the Michigan Sex Offender Registration Act.  Gross Indecency involving a victim less than 13 years old will result in a Tier III registration requirement pursuant to MCL 750.388, MCL 750.388a, and MCL 750.388b. Tier III cases are the most severe sex offenses, which places the offender on a lifetime public registry. The information must be verified by the offender with law enforcement at least 4 times a year; January 1st through 15th; April 1st through 15th; July 1st through 15th; October 1st through 15th.

In Michigan, there are a number of crimes related to Prostitution:

Engaging or Offering to Engage Services of Female (MCL 750.449a) provides that any male person who engages or offers to engage the services of a female person, not his wife, for the purpose of prostitution, lewdness, or assignation, by the payment of money or other forms of consideration, is guilty of a misdemeanor. Prostitution is not limited to sexual intercourse, and applies to a number of sexual acts. The penalty for this offense is a misdemeanor conviction that carries a possible jail sentence of up to 90 days or a maximum fine of $500, or both. This particular offense does not require registration as a sex offender under the Michigan Sex Offenders Registration Act. The possible penalty, if an automobile is involved, is vehicle forfeiture. The exception to this statute is that it does not apply to a police officer in the performance of his or her duties pursuant to MCL 750.451a. This offense is charged as either a local ordinance or under state law.

Some local communities and cities have a mandatory minimum sentence upon conviction.  In Detroit, for example, this offense is prosecuted under a local ordinance that provides for a jail term upon conviction.  An experienced criminal defense lawyer is often able to overcome this harsh result.

There are 3 different types of conduct in Michigan that constitute Child Sexually Abusive Activity:

First, pursuant to MCL 750.145c(2), creating child sexually abusive material through knowingly persuading, inducing, enticing, coercing, causing, or allowing a child to engage in child sexually abusive activity, or the producing, making, or financing of any  child sexually abusive activity or material.  This offense carries a possible penalty of up to 20 years in prison, or a fine of not more than $100,000, or both.  Under the Michigan Sex Offenders Registration Act, this is a Tier II listed offense.

Second, pursuant to MCL 750.145c(3), distributing, promoting, or financing the distribution or promotion of any child sexually abusive material.  This offense carries a possible penalty of up to 7 years in prison, or a fine of not more than $50,000, or both.  Under the Michigan Sex Offenders Registration Act, this is a Tier II listed offense.

Criminal Sexual Conduct in the First Degree (MCL 750.520b), also known as CSC 1st Degree, is the most serious of all sex offenses in Michigan.  Criminal Sexual Conduct in the First Degree can involve children or adults depending upon the circumstance, and always involve some form of rape or sexual penetration.  The penalties for 1st Degree Criminal Sexual Conduct, upon conviction, are severe:

1)      CSC 1st Degree carries a maximum sentence of up to life in prison.  The minimum prison sentence will be lengthy due to quickly escalating sentencing guidelines which the Court will follow in almost all cases;

2)      If the victim is younger than 13 years old, there is a mandatory minimum sentence of 25 years in prison;

There are many different sex crimes and sex related offenses in Michigan, all of which require expert legal advice and representation.  The penalties are severe, and can include prison, sex offender registration, and lifetime tether depending upon the circumstances.
Sometimes in life there is only 1 opportunity to get the right result.

Sex crimes, and sex related offenses, that require the help of an experienced criminal defense attorney include (but are not limited to) the following:

The following blog contains general information, that should not be relied upon in substitution for the advice and the representation of a criminal defense lawyer familiar with the facts and circumstances of your particular case.  The law is subject to modification based upon the development of legal precedent, and changes to the existing statutory law, which could effect its application to your particular circumstances.

The Michigan Sex Offender Registation Act (SORA) is found in the Michigan Compiled Laws Sections 28.721 et seq.  There have been some recent amendments to the Act that were implemented on July 1, 2011.  Highlights of the new changes are as follows:
Three Tier System – you should always consult with an experienced  criminal defense attorney as to how a particular allegation is classified for purposes of the Michigan Sex Offender Registry