First Degree

First Degree Criminal Sexual Conduct

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 the following circumstance exist:

  1. The other person is under 13 years old.
  2. The other person is aged from 13-16 and one of the following apply:
    • They are members of the same household.
    • They are related by blood or affinity to the fourth degree.
    • The actor has authority over the victim and uses it to coerce the victim to submit.
  3. Sexual penetration occurs under the commission of any other felony.
  4. The actor is aided by 1 or more other persons and one of the following apply:
    • The actor knows the victim to be mentally incapable, incapacitated, or physically helpless.
    • Force is used to accomplish the sexual penetration.
  5. The actor is armed with any article fashioned in a manner to lead a person to believe it’s a weapon, whether it is an intended weapon or not.
  6. The actor causes personal injury to the victim and uses force to complete the sexual penetration. Force or coercion includes but is not limited to any of the following:
    • 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 the actor has the ability to execute this threat. Includes threats of physical punishment, kidnapping, or extortion.
    • When the actor engages in the medical treatment or examination of the victim in a manner for the purposes which are medically recognized as unethical or unacceptable.
  7. When the actor, through concealment or by the element of surprise, is able to overcome the victim.
  8. The actor causes personal injury to the victim and the actor has reason to know that the victim is mentally incapable, disabled, incapacitated, or physically helpless, and any of the following:
    • The actor is related by blood or affinity to the fourth degree.
    • The actor is in a position of authority and uses it to coerce the victim to submit.
  9. 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.

This is a broken down outline of what constitutes each degree of criminal sexual conduct. For more details on each degree of sexual conduct, download the file here.