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:       Michigan Compiled Law

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 Michigan criminal justice system.

 

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!