Mich. Comp. Laws » Michigan Compiled Laws / Chapter 750 / Act 328 of 1931
Michigan Compiled Laws

Mich. Comp. Laws § 750.520a (2026)

Definitions.

✓ current as of July 2026
Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

THE MICHIGAN PENAL CODE


Act 328 of 1931


750.520a Definitions.

Sec. 520a.

    As used in this chapter:

    (a) "Actor" means a person accused of criminal sexual conduct.

    (b) "Developmental disability" means an impairment of general intellectual functioning or adaptive behavior that meets all of the following criteria:

    (i) It originated before the person became 18 years of age.

    (ii) It has continued since its origination or can be expected to continue indefinitely.

    (iii) It constitutes a substantial burden to the impaired person's ability to perform in society.

    (iv) It is attributable to 1 or more of the following:

    (A) Intellectual disability, cerebral palsy, epilepsy, or autism.

    (B) Any other condition of a person that produces a similar impairment or requires treatment and services similar to those required for a person described in this subdivision.

    (c) "Electronic monitoring" means that term as defined in section 85 of the corrections code of 1953, 1953 PA 232, MCL 791.285.

    (d) "Intellectual disability" means that term as defined in section 100b of the mental health code, 1974 PA 258, MCL 330.1100b.

    (e) "Intermediate school district" means a corporate body established under part 7 of the revised school code, 1976 PA 451, MCL 380.601 to 380.705.

    (f) "Intimate parts" includes the primary genital area, groin, inner thigh, buttock, or breast of a human being.

    (g) "Mental health professional" means that term as defined in section 100b of the mental health code, 1974 PA 258, MCL 330.1100b.

    (h) "Mental illness" means a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.

    (i) "Mentally disabled" means that a person has a mental illness, is intellectually disabled, or has a developmental disability.

    (j) "Mentally incapable" means that a person suffers from a mental disease or defect that renders that person temporarily or permanently incapable of appraising the nature of his or her conduct.

    (k) "Mentally incapacitated" means that a person is rendered temporarily incapable of appraising or controlling the person's conduct due to the influence of a narcotic, anesthetic, alcohol, or other substance, or due to any act committed upon that person without the person's consent.

    (l) "Nonpublic school" means a private, denominational, or parochial elementary or secondary school.

    (m) "Physically helpless" means that a person is unconscious, asleep, or for any other reason is physically unable to communicate unwillingness to an act.

    (n) "Personal injury" means bodily injury, disfigurement, mental anguish, chronic pain, pregnancy, disease, or loss or impairment of a sexual or reproductive organ.

    (o) "Public school" means a public elementary or secondary educational entity or agency that is established under the revised school code, 1976 PA 451, MCL 380.1 to 380.1852.

    (p) "School district" means a general powers school district organized under the revised school code, 1976 PA 451, MCL 380.1 to 380.1852.

    (q) "Sexual contact" includes the intentional touching of the victim's or actor's intimate parts or the intentional touching of the clothing covering the immediate area of the victim's or actor's intimate parts, if that intentional touching can reasonably be construed as being for the purpose of sexual arousal or gratification, done for a sexual purpose, or in a sexual manner for:

    (i) Revenge.

    (ii) To inflict humiliation.

    (iii) Out of anger.

    (r) "Sexual penetration" means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body, but emission of semen is not required.

    (s) "Victim" means the person alleging to have been subjected to criminal sexual conduct.

    

    

History: Add. 1974, Act 266, Eff. Apr. 1, 1975 ;-- Am. 1983, Act 158, Eff. Mar. 29, 1984 ;-- Am. 2000, Act 505, Eff. Mar. 28, 2001 ;-- Am. 2002, Act 714, Eff. Apr. 1, 2003 ;-- Am. 2006, Act 171, Eff. Aug. 28, 2006 ;-- Am. 2007, Act 163, Eff. July 1, 2008 ;-- Am. 2014, Act 64, Imd. Eff. Mar. 28, 2014 ;-- Am. 2023, Act 65, Eff. Oct. 10, 2023

Constitutionality Notes:

    The provision in the criminal sexual conduct statute which permits elevation of a criminal sexual conduct offense from a lesser to a higher degree on the basis of proof of personal injury to the victim in the form of mental anguish is not unconstitutionally vague. People v Petrella, 424 Mich 221; 380 NW2d 11 (1985).

Compiler's Notes:

    Section 2 of Act 266 of 1974 provides:

    “Saving clause.

    “All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this amendatory act takes effect are saved and may be consummated according to the law in force when they are commenced. This amendatory act shall not be construed to affect any prosecution pending or begun before the effective date of this amendatory act.”

Notes of Decisions
Cited in 503 cases (145 in the last 5 years), 1976–2026 · leading case: In re Keillor, 923 N.W.2d 617 (Mich. Ct. App. 2018).
Sort: Relevance Newest Treatment
In re Keillor, 923 N.W.2d 617 (Mich. Ct. App. 2018). · cites it 18× “622(y) defines "sexual abuse" as follows: "Sexual abuse" means engaging in sexual contact or sexual penetration as those terms are defined in section 520a of the Michigan penal code, 1931 PA 328 , MCL 750.520a, with a child. In this case, there is no allegation of sexual…”
People v. Nyx, 734 N.W.2d 548 (Mich. 2007). · cites it 32× “520b provides that "[a] person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration" and "sexual penetration" is statutorily defined to mean sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion,…”
People v. Parks, 766 N.W.2d 650 (Mich. 2009). · cites it 30× “MCL 750.520a provides definitions for Chapter LXXVI of the Michigan Penal Code, which encompasses the rape shield statute (MCL 750.”
People v. VanderVliet, 508 N.W.2d 114 (Mich. 1993). · cites it 8× “[MCL 750.520a(e); MSA 28.788(1)(e).] "Mentally retarded" means significantly subaverage general intellectual functioning which originates during the developmental period and is associated with impairment in adaptive behavior.”
People of Michigan v. Lovell Charles Sharpe, 918 N.W.2d 504 (Mich. 2018). · cites it 6× “” Further uses of “conduct” in 1974 PA 266 are found in MCL 750.520a, in which the Legislature defined “actor” as “a person accused of criminal sexual conduct,” MCL 750.”
People v. Petrella, 380 N.W.2d 11 (Mich. 1986). · cites it 10× “" MCL 750.520a(a); MSA 28.788(1)(a). [10] Similarly, when an actor engages in sexual contact with the victim, accomplished through the use of force or coercion, and causes personal injury to the victim, the actor is guilty of second-degree CSC.”
People v. Szalma, 790 N.W.2d 662 (Mich. 2010). · cites it 8× “[MCL 750.520a(q).] 5 * * * Now, you have a four-year-old boy, he’s almost five at the time.”
People v. Cox, 709 N.W.2d 152 (Mich. Ct. App. 2006). · cites it 8× “" MCL 750.520a(g). Defendant first argues that the evidence was insufficient to support a finding that the victim was mentally incapable because the victim attended school, was able to perform automotive repairs, could hold conversations and maintain relationships with people,…”
People v. Solloway, 891 N.W.2d 255 (Mich. Ct. App. 2016). · cites it 2× “” MCL 750.520a(q). 4 We note that the Senate has passed a bill that proposes amending SORA, including the provisions at issue, which would serve to eliminate the phrase “routinely used by the individual” from MCL 28.”
People v. Oliphant, 250 N.W.2d 443 (Mich. 1976). · cites it 6× “For the current provisions dealing with criminal sexual conduct, see MCLA 750.520a et seq.; MSA 28.788(1) et seq.”
People v. Cathey, 681 N.W.2d 661 (Mich. Ct. App. 2004). · cites it 6× “This can be seen, for example, where the Legislature has found it necessary to expressly define an injury to include pregnancy as reflected in MCL 750.520a (l) ("`Personal injury' means bodily injury, disfigurement, mental anguish, chronic pain, pregnancy.”
People v. Trakhtenberg, 826 N.W.2d 136 (Mich. 2012). · cites it 2× “3 Additionally, she advised defendant to waive his preliminary examination, and she did not demand 3 MCL 750.520a(q) defines “sexual contact,” in relevant part, as the “intentional touching of the victim’s or actor’s intimate parts .”
Show all 503 citing cases →
— Mich. Comp. Laws § 750.520a(0) — 1 case
John Does I-viii v. Munoz, 462 F. Supp. 2d 787 (E.D. Mich. 2006).
— Mich. Comp. Laws § 750.520a(1) — 10 cases
People v. Cathey, 681 N.W.2d 661 (Mich. Ct. App. 2004). “This can be seen, for example, where the Legislature has found it necessary to expressly define an injury to include pregnancy as reflected in MCL 750.520a (l) ("`Personal injury' means bodily injury, disfigurement, mental anguish, chronic pain, pregnancy.”
People v. Heflin, 456 N.W.2d 10 (Mich. 1990).
People v. Nyx, 734 N.W.2d 548 (Mich. 2007). “520b provides that "[a] person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration" and "sexual penetration" is statutorily defined to mean sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion,…”
People v. Whitfield, 388 N.W.2d 206 (Mich. 1986).
People v. Walker, 389 N.W.2d 704 (Mich. Ct. App. 1985).
— Mich. Comp. Laws § 750.520a(1)(f) — 2 cases
People of Michigan v. Lee Arthur Thompson (Mich. Ct. App. 2016).
People of Michigan v. Joseph E Rankin Jr (Mich. Ct. App. 2020).
— Mich. Comp. Laws § 750.520a(1)(q) — 1 case
People of Michigan v. Lee Arthur Thompson (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 750.520a(1)(r) — 1 case
People of Michigan v. Lee Arthur Thompson (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 750.520a(2) — 2 cases
People of Michigan v. Todd Wisniewski (Mich. Ct. App. 2025).
People of Michigan v. Moses Ralph Aikens (Mich. Ct. App. 2025).
— Mich. Comp. Laws § 750.520a(5) — 1 case
People of Michigan v. Travun Baskerville (Mich. Ct. App. 2020).
— Mich. Comp. Laws § 750.520a(Z) — 1 case
Gerard Joseph Palazzolo v. David G. Gorcyca, Oakland Cnty. Prosecutor, 244 F.3d 512 (6th Cir. 2001).
— Mich. Comp. Laws § 750.520a(a) — 5 cases
People of Michigan v. Lovell Charles Sharpe, 918 N.W.2d 504 (Mich. 2018). “” Further uses of “conduct” in 1974 PA 266 are found in MCL 750.520a, in which the Legislature defined “actor” as “a person accused of criminal sexual conduct,” MCL 750.”
People v. Parks, 766 N.W.2d 650 (Mich. 2009). “MCL 750.520a provides definitions for Chapter LXXVI of the Michigan Penal Code, which encompasses the rape shield statute (MCL 750.”
People v. Petrella, 380 N.W.2d 11 (Mich. 1986). “" MCL 750.520a(a); MSA 28.788(1)(a). [10] Similarly, when an actor engages in sexual contact with the victim, accomplished through the use of force or coercion, and causes personal injury to the victim, the actor is guilty of second-degree CSC.”
People v. Patterson, 410 N.W.2d 733 (Mich. 1987).
In Re Midland Publ'g Co., 362 N.W.2d 580 (Mich. 1985).
— Mich. Comp. Laws § 750.520a(b) — 1 case
People v. Widener, 261 N.W.2d 326 (Mich. Ct. App. 1977).
— Mich. Comp. Laws § 750.520a(c) — 5 cases
People v. King, 824 N.W.2d 258 (Mich. Ct. App. 2012).
People v. Khan, 264 N.W.2d 360 (Mich. Ct. App. 1978).
People v. Hearn, 300 N.W.2d 396 (Mich. Ct. App. 1980).
People v. Davis, 301 N.W.2d 871 (Mich. Ct. App. 1980).
People v. Duenaz, 384 N.W.2d 79 (Mich. Ct. App. 1985).
— Mich. Comp. Laws § 750.520a(d) — 2 cases
People v. Khan, 264 N.W.2d 360 (Mich. Ct. App. 1978).
People v. Hearn, 300 N.W.2d 396 (Mich. Ct. App. 1980).
— Mich. Comp. Laws § 750.520a(e) — 3 cases
People v. VanderVliet, 508 N.W.2d 114 (Mich. 1993). “[MCL 750.520a(e); MSA 28.788(1)(e).] "Mentally retarded" means significantly subaverage general intellectual functioning which originates during the developmental period and is associated with impairment in adaptive behavior.”
People v. Khan, 264 N.W.2d 360 (Mich. Ct. App. 1978).
People v. Hearn, 300 N.W.2d 396 (Mich. Ct. App. 1980).
— Mich. Comp. Laws § 750.520a(f) — 78 cases
In re Keillor, 923 N.W.2d 617 (Mich. Ct. App. 2018). “622(y) defines "sexual abuse" as follows: "Sexual abuse" means engaging in sexual contact or sexual penetration as those terms are defined in section 520a of the Michigan penal code, 1931 PA 328 , MCL 750.520a, with a child. In this case, there is no allegation of sexual…”
People v. Deleon, 895 N.W.2d 577 (Mich. Ct. App. 2016).
People v. Duenaz, 854 N.W.2d 531 (Mich. Ct. App. 2014).
People v. Thompson, 257 N.W.2d 268 (Mich. Ct. App. 1977).
People v. Gwinn, 314 N.W.2d 562 (Mich. Ct. App. 1981).
— Mich. Comp. Laws § 750.520a(g) — 18 cases
People v. Cox, 709 N.W.2d 152 (Mich. Ct. App. 2006). “" MCL 750.520a(g). Defendant first argues that the evidence was insufficient to support a finding that the victim was mentally incapable because the victim attended school, was able to perform automotive repairs, could hold conversations and maintain relationships with people,…”
Cox v. Curtin, 698 F. Supp. 2d 918 (W.D. Mich. 2010).
People v. Patterson, 410 N.W.2d 733 (Mich. 1987).
People v. Fisher, 257 N.W.2d 250 (Mich. Ct. App. 1977).
People v. Hernandez, 264 N.W.2d 343 (Mich. Ct. App. 1978).
— Mich. Comp. Laws § 750.520a(h) — 20 cases
People v. VanderVliet, 508 N.W.2d 114 (Mich. 1993). “[MCL 750.520a(e); MSA 28.788(1)(e).] "Mentally retarded" means significantly subaverage general intellectual functioning which originates during the developmental period and is associated with impairment in adaptive behavior.”
People v. Cash, 351 N.W.2d 822 (Mich. 1984).
People v. Camon, 313 N.W.2d 322 (Mich. Ct. App. 1981).
People v. Denmark, 254 N.W.2d 61 (Mich. Ct. App. 1977).
People v. Hernandez, 264 N.W.2d 343 (Mich. Ct. App. 1978).
— Mich. Comp. Laws § 750.520a(i) — 11 cases
People v. Patterson, 410 N.W.2d 733 (Mich. 1987).
People v. Carlson, 644 N.W.2d 704 (Mich. 2002).
People v. Parks, 766 N.W.2d 650 (Mich. 2009). “MCL 750.520a provides definitions for Chapter LXXVI of the Michigan Penal Code, which encompasses the rape shield statute (MCL 750.”
In Re Midland Publ'g Co., 362 N.W.2d 580 (Mich. 1985).
People v. Armstrong, 536 N.W.2d 789 (Mich. Ct. App. 1995).
— Mich. Comp. Laws § 750.520a(j) — 19 cases
People v. Petrella, 380 N.W.2d 11 (Mich. 1986). “" MCL 750.520a(a); MSA 28.788(1)(a). [10] Similarly, when an actor engages in sexual contact with the victim, accomplished through the use of force or coercion, and causes personal injury to the victim, the actor is guilty of second-degree CSC.”
People v. Burton, 445 N.W.2d 133 (Mich. 1989).
People v. Asevedo, 551 N.W.2d 478 (Mich. Ct. App. 1996).
People v. Parks, 766 N.W.2d 650 (Mich. 2009). “MCL 750.520a provides definitions for Chapter LXXVI of the Michigan Penal Code, which encompasses the rape shield statute (MCL 750.”
People v. Himmelein, 442 N.W.2d 667 (Mich. Ct. App. 1989).
— Mich. Comp. Laws § 750.520a(k) — 31 cases
People v. VanderVliet, 508 N.W.2d 114 (Mich. 1993). “[MCL 750.520a(e); MSA 28.788(1)(e).] "Mentally retarded" means significantly subaverage general intellectual functioning which originates during the developmental period and is associated with impairment in adaptive behavior.”
People v. Gates, 452 N.W.2d 627 (Mich. 1990).
People v. Lemons, 562 N.W.2d 447 (Mich. 1997).
People v. Nyx, 734 N.W.2d 548 (Mich. 2007). “520b provides that "[a] person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration" and "sexual penetration" is statutorily defined to mean sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion,…”
People v. Cooks, 521 N.W.2d 275 (Mich. 1994).
— Mich. Comp. Laws § 750.520a(l) — 14 cases
People v. Lemons, 562 N.W.2d 447 (Mich. 1997).
People v. Whitfield, 388 N.W.2d 206 (Mich. 1986).
People v. Heflin, 456 N.W.2d 10 (Mich. 1990).
People v. Nyx, 734 N.W.2d 548 (Mich. 2007). “520b provides that "[a] person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration" and "sexual penetration" is statutorily defined to mean sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion,…”
People v. Legg, 494 N.W.2d 797 (Mich. Ct. App. 1992).
— Mich. Comp. Laws § 750.520a(m) — 20 cases
People v. Hutner, 530 N.W.2d 174 (Mich. Ct. App. 1995).
People of Michigan v. Zachary Joseph Zabavski (Mich. Ct. App. 2019).
People of Michigan v. Thomas Galnarez Gonzalez (Mich. Ct. App. 2019).
People of Michigan v. Craig Matthew Tomalia (Mich. Ct. App. 2020).
Zabavski 355967 v. Shaver (W.D. Mich. 2022).
— Mich. Comp. Laws § 750.520a(n) — 25 cases
People v. Warner, 139 P.3d 475 (Cal. 2006).
People v. Russell, 703 N.W.2d 107 (Mich. Ct. App. 2005).
People v. Lonsby, 707 N.W.2d 610 (Mich. Ct. App. 2005).
Fuller v. Lafler, 826 F. Supp. 2d 1040 (E.D. Mich. 2011).
People of Michigan v. Richard Lee Coleman Jr (Mich. Ct. App. 2026).
— Mich. Comp. Laws § 750.520a(o) — 10 cases
People v. Nyx, 734 N.W.2d 548 (Mich. 2007). “520b provides that "[a] person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration" and "sexual penetration" is statutorily defined to mean sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion,…”
People v. Matuszak, 687 N.W.2d 342 (Mich. Ct. App. 2004).
People v. McLaughlin, 672 N.W.2d 860 (Mich. Ct. App. 2003).
People v. Wilkens, 705 N.W.2d 728 (Mich. Ct. App. 2005).
People v. Parks, 766 N.W.2d 650 (Mich. 2009). “MCL 750.520a provides definitions for Chapter LXXVI of the Michigan Penal Code, which encompasses the rape shield statute (MCL 750.”
— Mich. Comp. Laws § 750.520a(p) — 3 cases
People v. Nyx, 734 N.W.2d 548 (Mich. 2007). “520b provides that "[a] person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration" and "sexual penetration" is statutorily defined to mean sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion,…”
People v. Parks, 766 N.W.2d 650 (Mich. 2009). “MCL 750.520a provides definitions for Chapter LXXVI of the Michigan Penal Code, which encompasses the rape shield statute (MCL 750.”
People v. Guster, 712 N.W.2d 162 (Mich. 2006).
— Mich. Comp. Laws § 750.520a(q) — 151 cases
In re Keillor, 923 N.W.2d 617 (Mich. Ct. App. 2018). “622(y) defines "sexual abuse" as follows: "Sexual abuse" means engaging in sexual contact or sexual penetration as those terms are defined in section 520a of the Michigan penal code, 1931 PA 328 , MCL 750.520a, with a child. In this case, there is no allegation of sexual…”
People v. Trakhtenberg, 826 N.W.2d 136 (Mich. 2012). “3 Additionally, she advised defendant to waive his preliminary examination, and she did not demand 3 MCL 750.520a(q) defines “sexual contact,” in relevant part, as the “intentional touching of the victim’s or actor’s intimate parts .”
People v. Szalma, 790 N.W.2d 662 (Mich. 2010). “[MCL 750.520a(q).] 5 * * * Now, you have a four-year-old boy, he’s almost five at the time.”
People v. Solloway, 891 N.W.2d 255 (Mich. Ct. App. 2016). “” MCL 750.520a(q). 4 We note that the Senate has passed a bill that proposes amending SORA, including the provisions at issue, which would serve to eliminate the phrase “routinely used by the individual” from MCL 28.”
People v. Deleon, 895 N.W.2d 577 (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 750.520a(q)(i) — 1 case
People of Michigan v. David Paul Yousif (Mich. Ct. App. 2023).
— Mich. Comp. Laws § 750.520a(r) — 181 cases
People v. Szalma, 790 N.W.2d 662 (Mich. 2010). “[MCL 750.520a(q).] 5 * * * Now, you have a four-year-old boy, he’s almost five at the time.”
People v. Solloway, 891 N.W.2d 255 (Mich. Ct. App. 2016). “” MCL 750.520a(q). 4 We note that the Senate has passed a bill that proposes amending SORA, including the provisions at issue, which would serve to eliminate the phrase “routinely used by the individual” from MCL 28.”
People v. Waclawski, 780 N.W.2d 321 (Mich. Ct. App. 2009).
People v. Lockett, 295 Mich. App. 165 (Mich. Ct. App. 2012).
People v. Duenaz, 854 N.W.2d 531 (Mich. Ct. App. 2014).
— Mich. Comp. Laws § 750.520a(s) — 25 cases
People v. Gaines, 306 Mich. App. 289 (Mich. Ct. App. 2014).
People of Michigan v. Lovell Charles Sharpe, 918 N.W.2d 504 (Mich. 2018). “” Further uses of “conduct” in 1974 PA 266 are found in MCL 750.520a, in which the Legislature defined “actor” as “a person accused of criminal sexual conduct,” MCL 750.”
People v. Parks, 766 N.W.2d 650 (Mich. 2009). “MCL 750.520a provides definitions for Chapter LXXVI of the Michigan Penal Code, which encompasses the rape shield statute (MCL 750.”
People of Michigan v. Todd Wisniewski (Mich. Ct. App. 2025).
People of Michigan v. Byron Antoine Morris (Mich. Ct. App. 2023).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.