TrustVoting Atlas

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 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.
    (vi) The actor is an employee, contractual service provider, or volunteer of a child care
 organization, or a person licensed to operate a foster family home or a foster family group
 home in which that other person is a resident and the sexual contact occurs during the period
 of that other person's residency. As used in this subdivision, "child care organization", "foster
 family home", and "foster family group home" mean those terms as defined in section 1 of
 1973 PA 116, MCL 722.111.
    (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.



                                                                Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026           Page 417 of 465                             Courtesy of legislature.mi.gov

    (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.