Recently, the Immigration and Customs Enforcement (ICE) agency completed a sweep that lead to arrests of 24 people in Michigan convicted of various crimes. It is no secret that the Trump administration has taken a tough stance on immigration. As a result, there has been a focus by the Trump administration on deporting non-citizens with certain kinds of criminal convictions.
What kinds of convictions can lead to deportation?
Federal law says that a non-citizen can be deported for conviction of a “crime of moral turpitude” or an “aggravated felony.” A crime of moral turpitude is one that involves a depraved or immoral act, or a violation of the basic duties owed to fellow man, or a “reprehensible act” with a mens rea of at least recklessness. In practice, this means crimes involving fraud, intentional serious injury, intentional death, destruction of property, malicious destruction of property, and intentional permanent taking of valuable property are deportable. This, of course, encompasses many possible crimes.
A person in Michigan with a conviction for third degree criminal sexual conduct was included in ICE’s most recent effort to deport non-citizens with criminal convictions.
What is 3rd Degree Criminal Sexual Conduct (CSC) in Michigan?
According to the Michigan Sex Crimes Lawyers at the Barone Defense Firm, CSC 3rd degree is codified in Michigan law under MCL 750.520d. CSC 3rd degree requires sexual penetration in addition to at least one of the following elements:
- Age: the other person must be between ages of 13 and 15 years, or the other person is between 16 and 17 years old and a student and the actor is a school employee or volunteer, or the other person is between 16 and 25 years old and receives special education services and the actor is a teacher, employee, or volunteer where the special education services are administered.
- Force: there was some element of coercion which can be based on a relationship such as where the other person is resident at a foster home or child care facility and the actor is an employee, service provider, or volunteer at the home/facility.
- Disability – The accused has reason to know that the other person was developmentally or physically disabled
- Relationship – a family relationship exists
What are the consequences for 3rd Criminal Sexual Conduct in Michigan?
If convicted for criminal sexual conduct in the 3rd degree, a person faces up to 15 years in prison. If the convicted person is a non-citizen, a conviction could also mean deportation out of the United States. Additionally, those convicted of CSC 3rd degree will be required to register with Michigan’s sex offender registry.
What should I do if I’m charged with or being questioned about criminal sexual conduct in Michigan?
The best thing you can do if law enforcement contacts you about a criminal sexual conduct charge is contact an experienced attorney right away. We stand our best chance at a good result in any sex crimes case when we are retained early in the process. If we are retained to help you before charges are filed, we may even be able to prevent charges from being filed in the first place. A criminal sexual conduct charge could be a life-changing charge, especially if you are a non-citizen. The Michigan Sex Crimes Lawyers at the Barone Defense Firm are here to help.