  [Cool Teen Sites]
MICHIGAN
Subject: Michigan
Date: Mon, 14 Jun 1999 23:41:55 EDT
From: [removed]
Just a point of interest, In Michigan There are no laws stating straight out that
homosexual intercourse is illegel. But, on the other hand, anal sex, and oral sex are
illegle. Therefore homosexual intercourse would thereby be illegle.
Statutory Rape Law Article.
First Degree Criminal Sexual Conduct - Section 750.520b
(a) A person is guilty of criminal sexual conduct in the first degree if he or she engages
in sexual penetration with another person and if any of the following circumstances
exists:
That other person is under 13 years of age
That other person is at least 13 but less than 16 years of age and any
of the following:
The actor is a member of the same household as the victim
The actor is related to the victim by blood or affinity to the fourth
degree
The actor is in a position of authority over the victim and used this
authority to coerce the victim to submit
Sexual penetration occurs under circumstances involving the commission of any other felony
The actor is aided or abetted by 1 or more other persons and either of
the following circumstances exists:
The actor knows or has reason to know that the victim is mentally
incapable, mentally incapacitated, or physically helpless
The actor uses force or coercion to accomplish the sexual penetration.
Force or coercion includes but is not limited to any of the circumstances listed in
subdivision (f)(i) to (v)
The actor is armed with a weapon or any article used or fashioned in a
manner to lead the victim to reasonably believe it to be a weapon
The actor causes personal injury to the victim and force or coercion is
used to accomplish sexual penetration. Force or coercion includes but is not limited to
any of the following circumstances:
When the actor overcomes the victim through the actual application of
physical force or physical violence
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 these threats
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 this threat. As used in this subdivision, "to
retaliate" includes threats of physical punishment, kidnapping, or extortion
When the actor engages in the medical treatment or examination of the
victim in a manner or for purposes which are medically recognized as up or unacceptable
When the actor, through concealment or by the element of surprise, is
able to overcome the victim
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
That other person is mentally incapable, mentally disabled, mentally
incapacitated, or physically helpless, and any of the following:
The actor is related to the victim by blood or affinity to the fourth
degree
The actor is in a position of authority over the victim and used this
authority to coerce the victim to submit
(b) Criminal sexual conduct in the first degree is a felony punishable by imprisonment in
the state prison for life or for any term of years.
Second Degree Criminal Sexual Conduct - Section 750.520c (a) 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:
That other person is under 13 years of age
That other person is at least 13 but less than 16 years of age and any
of the following:
The actor is a member of the same household as the victim
The actor is related by blood or affinity to the fourth degree to the
victim
The actor is in a position of authority over the victim and the actor
used this authority to coerce the victim to submit
Sexual contact occurs under circumstances involving the commission of
any other felony
The actor is aided or abetted by 1 or more other persons and either of
the following circumstances exists:
The actor knows or has reason to know that the victim is mentally
incapable, mentally incapacitated, or physically helpless
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
sections 520b(1)(f)(i) to (v)
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
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)(i) to (v)
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
That other person is mentally incapable, mentally disabled, mentally
incapacitated, or physically helpless, and any of the following:
The actor is related to the victim by blood or affinity to the fourth
The actor is in a position of authority over the victim and used this
authority to coerce the victim to submit
(2) Criminal sexual conduct in the second degree is a felony punishable by imprisonment
for not more than 15 years.
Third Degree Criminal Sexual Conduct - Section 750.520d (a) 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 exists:
That other person is at least 13 years of age and under 16 years of age
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)
The actor knows or has reason to know that the victim is mentally
incapable, mentally incapacitated, or physically helpless
(2) Criminal sexual conduct in the third degree is a felony punishable b imprisonment for
not more than 15 years.
Fourth Degree Criminal Sexual Conduct - Section 750.520e (a) A person is guilty of
criminal sexual conduct in the fourth degree if he or she engages in sexual contact with
another person and if any of the following circumstances, exist:
That other person is at least 13 years of age and under 16 years of
age, and the actor is 5 or more years older than that other person
Force or coercion is used to accomplish the sexual contact. Force or
coercion includes but is not limited to any of the following circumstances:
When the actor overcomes the victim through the actual application of
physical force or physical violence
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 these threats
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 this threat. As used in this subdivision, "to
retaliate" includes threats of physical punishments, kidnappings or extortion
When the actor engages in the medical treatment or examination of the
victim in a manner or purposes which are medically recognized as unethical or unacceptable
When the actor achieves the sexual contact through concealment or by
the element of surprise
The actor knows or has reason to know that the victim is, mentally incapable, mentally
incapacitated, or physically helpless
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 has knowledge that the other person is under the
jurisdiction of the department of corrections
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 who knows that the
other person is under the course jurisdiction
The actor knows or has reason to know that the juvenile division of the probate court, the
circuit court, or the recorders court of the city of Detroit 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
(b) 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, or both.
07-2000 New Source: U.S. statutory rape laws is published on the Web by the National
Clearinghouse on Child Abuse and Neglect Information. The booklet, which
requires Adobe Acrobat to read, is located at:
http://www.calib.com/nccanch/pubs/99statutes/35-SexualOffenses.PDF
|