A person is guilty of criminal sexual conduct in the fourth degree if he or she engages in sexualcontact with another person and if any of the following circumstances exist:
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.
Holmes Youthful Trainee Act. The Holmes Youthful Trainee Act applies to Criminal Sexual Conduct, Fourth Degree but only under section 750.520e(1)(a)—(victim between ages of 13–16 and actor 5 or more years older). MCL 762.11(2)(d).
- 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.
- 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 that threat.
- 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.
- 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.
- 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 related to the actor by blood or affinity to the third degree and the sexualcontact occurs under circumstances not otherwise prohibited
- 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 his or her client or patient and not his or her spouse.
- 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:
- The actor is a teacher, administrator or contractual service provider of a school or school district in which the other person is enrolled.
- That other person is at least 16 years old but less than 26 years of age and is receiving special education services.
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.
Holmes Youthful Trainee Act. The Holmes Youthful Trainee Act applies to Criminal Sexual Conduct, Fourth Degree but only under section 750.520e(1)(a)—(victim between ages of 13–16 and actor 5 or more years older). MCL 762.11(2)(d).
