LEGAL INFORMATION
This page is not intended to be legal advice.
The following is for informational and educational purposes ONLY.
ACRONYMS WHICH
MAY BE USED:
CSC: Criminal
Sexual Conduct
HYTA: Holmes
Youthful Trainee Act
MCL:
SO: Sex
Offender
SOR: Sex
Offender Registry
SORA: Sex
Offender Registration Act
GLOSSARY
OF CRIMINAL TERMS: found on the Michigan Prosecuting
Attorney Coordinating Council website. This is an extensive list of
legal terms that can help you understand the legal system a little
better. Look under “Criminal Sexual Conduct” for links to definitions of 1st
– 4th degree.
STEPS
IN A CRIMINAL CASE: A general
explanation of how a criminal case progresses through the
CRIMES
REQUIRING REGISTRATION:
Misdemeanor
Listed Offenses (register 1 time a year, every January 1-15, for 25
years):
750.145A
Children – Accosting for Immoral Purposes (conviction prior to
6/1/02)
750.145C(4)
Child Sexually Abusive Commercial Activity (conviction prior to
4/1/03)
750.167(1)(f)* Disorderly Person – Obscene Conduct
750.335A*
Indecent Exposure
750.448
Soliciting to commit prostitution
* Three convictions of 750.167(1)(f),
three convictions of 750.335A, or a combination of three convictions of both
offenses will then require registration as a sex offender.
Felony
Listed Offenses (register 4 times a year, the 1st through
the 15th of every January, April, July and October, for 25 years OR
life, depending on what the plea was):
750.145A Children – Accosting for Immoral Purposes
(conviction after 6/1/02)
750.145B Children – Accosting for Immoral Purposes,
2nd offense
750.145C(2) & (3) Child sexually Abusive Commercial Activity
(lifetime registration)
750.145C(4)
Child Sexually Abusive Commercial Activity (conviction after
4/1/03)
750.158* Sodomy
750.338* Gross indecency between male persons
750.338A* Gross indecency between female persons
750.338B* Gross indecency between male and female
persons
750.349* Kidnapping (lifetime registration if the
victim is between 14-17 years old)
750.350 Child kidnapping (lifetime)
750.455 Pandering
750.520B Criminal Sexual Conduct 1st
degree (lifetime registration)
750.520C Criminal Sexual Conduct 2nd
degree (lifetime registration if the charge is 750.520C(1)(a))
750.520D Criminal Sexual Conduct 3rd degree
750.520E Criminal Sexual Conduct 4th
degree
750.520G
Assault with attempt to commit CSC
750.10A Sexually delinquent person
* Applies only to offenses where the victim is
under 18 years of age.
This list also includes an attempt and/or
conspiracy to commit any of the above offenses.
NOTE:
Any other violation of a law of this state or local ordinance of a municipality
that by its nature constitutes a sexual offense against an individual who is
less than 18 years of age, will require you to register as a sex offender.
NOTE: Criminal Sexual Conduct 4th degree;
misdemeanor, is a “Listed Felony Offense” for registration purposes and, as
such, requires registering 4 times a year, the 1st
through the 15th of every January, April, July and October
.
HYTA
(HOLMES YOUTHFUL TRAINEE ACT):
A person who pleads
guilty to a crime committed after his/her 15th birthday & before
his/her 21st birthday has the opportunity to be assigned the status of a
youthful trainee. As long as the individual completes their sentence
successfully no conviction is ever entered and their record is non-public
(except for, in some cases, the SOR). Anyone sentenced under HYTA on or after
October 1, 2004 for a “Listed Offense” (above) and successfully completes their
sentence NEVER has to register.
· MCL 762.11: Criminal offense by individual
between ages 17 and 20; assignment to status of youthful trainee; “traffic
offense” defined.
· MCL 762.12: Termination or revocation as
youthful trainee; effect. Explains what happens if youthful trainee status is
terminated.
· MCL 762.13: Assignment as youthful trainee;
duties of court.
· MCL 762.14: Discharge of individual and
dismissal of proceedings upon final release; assignment as youthful trainee not
conviction; compliance with sex offenders registration; proceedings closed to
public inspection; inspection by courts, state departments, and law enforcement
personnel.
· MCL 762.15: Applicability to individuals
over fourteen. Also applies to a juvenile over the age of 14 whose jurisdiction
has been waived, and is tried as an adult.
· MCL 762.16: Holmes youthful trainee act;
short title.
JUVENILE
CONSENT CALENDAR:
Attorneys can request
that a juvenile case be handled under a consent calendar rather than a formal
calendar. If approved, no formal plea or adjudication is entered on the
juvenile’s criminal record. A case plan is set up for the juvenile. Upon successful completion
by the juvenile of the consent calendar case plan, the court shall close the
case and may destroy all records of the proceeding. The court must destroy all
files of matters heard on the consent calendar within 28 days after the
juvenile becomes 17 years of age or after dismissal from court supervision,
whichever is later, unless the juvenile subsequently comes within the
jurisdiction of the court on the formal calendar. A juvenile case handled this
way is NOT subject to registration requirements. Talk to an attorney more about
this possibility!