TrustVoting Atlas

Sec. 520e.



                                                                    Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026             Page 419 of 465                               Courtesy of legislature.mi.gov

    (1) A person is guilty of criminal sexual conduct in the fourth degree if the person engages
 in sexual contact with another person and if any of the following circumstances exist:
    (a) That other person is at least 13 years of age but less than 16 years of age, and the actor is
 5 or more years older than that other person.
    (b) Force or coercion is used to accomplish the sexual contact. Force or coercion includes,
 but is not limited to, any of the following circumstances:
    (i) When the actor overcomes the victim through the actual application of physical force or
 physical violence.
    (ii) When the actor coerces the victim to submit by threatening to use force or violence on
 the victim, and the victim believes that the actor has the present ability to execute that threat.
    (iii) When the actor coerces the victim to submit by threatening to retaliate in the future
 against the victim, or any other person, and the victim believes that the actor has the ability to
 execute that threat. As used in this subparagraph, "to retaliate" includes threats of physical
 punishment, kidnapping, or extortion.
    (iv) When the actor engages in the medical treatment or examination of the victim in a
 manner or for purposes which are medically recognized as unethical or unacceptable.
    (v) When the actor achieves the sexual contact through concealment or by the element of
 surprise.
    (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 contact 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) The actor is a mental health professional and the sexual contact occurs during or within
 2 years after the period in which the victim is the actor's client or patient and not the actor's
 spouse. The consent of the victim is not a defense to a prosecution under this subdivision. A
 prosecution under this subsection shall not be used as evidence that the victim is mentally
 incompetent.
    (f) 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.
    (g) 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


                                                                Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026          Page 420 of 465                              Courtesy of legislature.mi.gov

 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.
    (h) 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 contact 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 fourth degree is a misdemeanor punishable by
 imprisonment for not more than 2 years or a fine of not more than $500.00, or both.