Today we talk about 4th degree criminal sexual conduct.
Fourth-degree criminal sexual conduct is a misdemeanor in several states across the USA. It typically involves unwanted sexual touching. Sometimes, among certain jurisdictions, legal professionals call 4th degree criminal sexual conduct “indecent liberties”.
So, 4th degree criminal sexual conduct is an offense that consists of sexual contact with minors. It is also when sexual conduct happens with individuals with disabilities or close relatives. Additionally, 4th degree criminal sexual conduct happens in roles that have power dynamics in play. For example, in teacher-student or mental health provider-patient relationships.
Thus, in this article we will give you more details on Fourth-degree criminal sexual conduct
What Is Criminal Sexual Conduct 4th Degree?
A person commits criminal sexual conduct 4th degree (force or coercion) when they engage in sexual contact with another under specific circumstances.
A. There is use of force or coercion to achieve the sexual contact.
Example
They use physical strength or threats to initiate sexual contact against the other person’s will.
B. Knowledge or awareness that the victim is mentally impaired, incapacitated, or physically helpless.
Example
Like, if they exploit someone’s impaired mental state or incapacity to engage in sexual contact without their consent.
C. The victim is between fourteen (14) and under sixteen (16) years old.
Example
Like, if they engage in sexual contact with a minor who is above the age of consent but under the legal age of adulthood.
D. Therefore, 4th degree criminal sexual conduct is a third-degree felony. However, let us say that:
i. This person is a first-time offender.
ii. Additionally, the victim is eighteen (18) years old or older.
iii. Thus will fall under the category of a misdemeanor.
Example
If an individual with no prior record engages in sexual contact with an adult. Now, they are both above the age of eighteen. Moreover, this happens without force or coercion. This will be a misdemeanor. So, under this definition enticing a minor may also be a misdemeanor.
What Is Criminal Sexual Conduct 4th Degree Force Or Coercion?
Now let us define what force or coercion means in this regard. The concept of force or coercion is quite common in sex crimes.
Therefore, Sexual contact under specific circumstances involves force or coercion according to the definition of Fourth Degree Criminal Sexual Conduct. Force or coercion may include the following.
i. The accused overpowers the victim through direct physical force or violence.
Example
When one physically restrains or overpowers someone and conducts sexual contact against their will.
ii. The accused coerces the victim to comply to their wishes. They do so by threatening to use force or violence. Moreover, the victim perceives the perpetrator capable of carrying out these threats.
Example
Threatening physical harm or violence to a woman to force sexual contact. Now, it leads to the victim acting accordingly in fear of the threats.
What Is Criminal Sexual Conduct In The 4th Degree?
Now let us check out some examples of criminal sexual conduct 4th degree.
– Having sexual contact with a teenager aged 13 to 16 when you’re at least 5 years older.
– Forcing or coercing someone into sexual contact, which could involve physical force, threats, unethical medical practices, or surprising them.
– Engaging in sexual contact with someone known to have mental or physical disabilities.
– Having sexual contact with a relative within the third degree, unless coercion due to authority existed.
– Having sexual contact with a client or patient, excluding your spouse, within 2 years of providing mental health services.
– Engaging sexually with a student aged 16 to 18 while being a teacher, substitute, or school administrator, unless married or emancipated.
– Engaging in sexual contact with a student aged 16 to 18 by leveraging your position in the school district.
– Having sexual contact with a special needs student aged 16 to 26 while being an educational professional, unless married.
– Engaging in sexual contact with a special needs student aged 16 to 26 using a volunteer or government position.
– Engaging in sexual contact with a resident aged at least 16 in a foster or group home while being an employee, volunteer, or service provider there.
What Does State Law Say?
To start, every state defines Fourth Degree Criminal Sexual Conduct cases. For example, under Michigan law, “sexual contact” can include the following.
Establishing contact with someone’s genital area. Moreover, it can also include when they compel them to do the same. Moreover, it has to be intentional.
It also consists of touching someone’s groin or when they compel them to do the same. It has to be intentional.
Thus, it may include acts of similar nature.
What Is Attempted Criminal Sexual Conduct 4th Degree?
Fourth-degree criminal sexual conduct is a misdemeanor that can lead to a maximum of two years in prison. Moreover, it may also lead to a fine of up to $500 or both.
What Is The Penalty For Criminal Sexual Conduct 4th Degree?
A conviction for fourth-degree criminal sexual conduct carries the following results.
– Up to 2 years in prison.
– Fines up to $500.
– A permanent sex offender record affecting job prospects.
– Restrictions on living or working locations due to sex offender status.
– Mandatory sex offender registration with personal details available publicly.
– Possible loss or denial of professional licenses.
– Impact on child custody.
– Immigration status effects, including visa denial or deportation.
To Conclude
Thus, with this, we reach the end of our article on Criminal Sexual Conduct. 4th Degree Criminal Sexual Conduct is a misdemeanor related to unwanted sexual touching.
Therefore, if found guilty, a person may get up to two years in prison. It may also lead to a fine of up to $500, or both.
Thus, this type of crime can bring serious consequences, impacting families, jobs, and how others see you. If you’re facing such charges, it’s wise to talk to a strong and reliable lawyer who can help you!
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