| 
  • If you are citizen of an European Union member nation, you may not use this service unless you are at least 16 years old.

  • Stop wasting time looking for files and revisions. Connect your Gmail, DriveDropbox, and Slack accounts and in less than 2 minutes, Dokkio will automatically organize all your file attachments. Learn more and claim your free account.

View
 

Michigan Criminal Statutes of Limitation

Page history last edited by PBworks 13 years, 1 month ago

 

Michigan Criminal Statutes of Limitation

Limitation: An indictment for criminal sexual conduct in the first degree may be found and filed at any time (MCLS §750.520(b) Criminal sexual

conduct in the 1st degree: (1) 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: (a) That other person is under 13 years of age. (b) That other person is at least 13 but less than 16 years of age and any of the following: i) The actor is a member of the same household as the victim. (ii) The actor is related to the victim by blood or affinity to the fourth degree.

(iii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit. (iv) The actor is a teacher, substitute teacher, or administrator of the public or nonpublic school in which that other person is enrolled. (c) Sexual penetration occurs under circumstances involving the commission of any other felony. (d) The actor is aided or abetted by 1 or more other persons and either of the following circumstances exists: (i) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless. (ii) 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). (e) 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. (f) 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: (i) When the actor overcomes the victim through the actual application of physical force or physical violence. (ii) 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. (iii) 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. (iv) 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. (v) When the actor, through concealment or by the element of surprise, is able to overcome the victim.(g) 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. (h) That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following: (i) The actor is related to the victim by blood or affinity to the fourth degree. (ii) 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 first degree is a felony punishable by imprisonment in the state prison for life or for any term of years). An indictment for a violation or attempted violation of section 520c (§750.520(c) Criminal sexual conduct in 2nd degree. (Felony)), 520d (§750.520(d) Criminal sexual conduct in the 3rd degree. (Felony)), 520e (§750.520(e) Criminal sexual conduct in the 4th degree. (Misdemeanor)), of the Michigan penal code, 750.520c, 750.520d, 750.520e, and 750.520g, may be found and filed within 10 years after the offense is committed or by the alleged victim’s twenty-first birthday, whichever is later, except as otherwise provided in subdivision (b).

DNA Exception: If evidence of a violation is obtained and that evidence contains DNA that is determined to be from an unidentified individual, an indictment may be found and filed at any time after the offense is committed. However, after the individual is identified, the indictment shall be found and filed within 10 years after the individual is identified or by the alleged victim’s 21st, birthday, whichever is later.

Comments (0)

You don't have permission to comment on this page.