§ 750.520dCriminal 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



                                                                    Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026             Page 418 of 465                               Courtesy of legislature.mi.gov

 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 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 the actor's 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 not less than 18 years of age and were 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 the actor's employee, contractual, or
 volunteer status to gain access to, or to establish a relationship with, that other person.
    (g) 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, that other person is at least 16 years of age, and
 the sexual penetration occurs during 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.
    (2) Criminal sexual conduct in the third degree is a felony punishable by imprisonment for
 not more than 15 years.