Second Degree

Second Degree Criminal Sexual Contact

A person is guilty of criminal sexual conduct in the second degree if the person engages in sexual contact with another person and if the following circumstances 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 contact 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 contact.
  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 contact.
  7. 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.
  8. CSC in the second degree is a felony punishable by imprisonment for not more than 15 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.