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Sexual Misconduct with Minor Student

Apr 07, 2016, by Martin Drias in College Crime, Criminal Defense, Legal Blog, Sex Crimes, Student Crimes

College is often the first time that many Michiganders are away from home, begin partying, and become sexually active. Unfortunately, these first experiences sometimes get students in trouble with the law. Be it a DUI, a drug charge, or citation for sexual misconduct, many people’s first criminal charges result from poor decisions they made in college.

College Students Face a Heightened Risk For Sexual Misconduct Charges

It would be wrong to assume that everyone you meet at college is an adult. Many students enroll in their first year of college at 17, and some may even be as young 16. Depending on your age or your profession, you could face severe penalties for having sex with someone under 18.

Michigan Statute 750.520e describes the offense of criminal sexual conduct in the fourth degree, which involves any of the following:

  • Having sexual contact with a person between 13 and 16 years old, and you are 5 years older than that person
  • Using force or coercion to accomplish the sexual contact
  • Having sexual contact with a student between 16 and 18 years of age, and you are a teacher, employee, or contractor of the school

Sexual contact does not necessarily mean penetration. In fact, you could get convicted for criminal sexual conduct for touching someone in a suggestive manner. The fine for committing the misdemeanor of criminal conduct in the fourth degree may reach 2 years of imprisonment and an optional fine of $500.

A Conviction for Criminal Sexual Conduct Can Ruin Your Future

In addition to fines and significant time behind bars, a conviction for criminal sexual conduct has collateral consequences that can have a far-reaching effect into your life. If convicted of criminal sexual conduct, you could face:

  • Trouble finding a job — Around 80% of big corporations and 70% of small businesses conduct background checks. Two thirds of employers will not consider hiring a former offender.
  • Problems getting a professional license — A conviction for sexual misconduct on your criminal record may be used as evidence of your bad moral character when a professional licensing board considers your application.
  • Registering as a sex offender — Depending on the age of the victim, you may need to register as a sex offender upon your release from prison for a period of 15 to 25 years. Being a registered sex offender excludes you from practicing in some professions involving medical and childcare.
  • Inability to qualify for public housing — The Public Housing Administration considers criminal convictions when determining applicant eligibility.
  • Deportation — If you’re an immigrant and you get a conviction for even a relatively minor offense, you may face deportation proceedings.

In addition to the collateral consequences listed above, you may face disciplinary action from your school, which may result in your suspension or expulsion. In some cases, your access to private grants or fellowships requires you to have a clean record, so your ability to obtain financial aid may be affected by a criminal sexual conduct conviction.

If you get charged with a crime, you need to call a skilled and experienced criminal defense attorney immediately. At Drias Law Group, we pride ourselves in giving every one of our clients a personalized approach and an aggressive defense strategy. Call us today at (313) 944-0236 for your free and confidential consultation.