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

Mich. Comp. Laws § 750.520e (2026)

Criminal sexual conduct in the fourth degree; misdemeanor.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.520e Criminal sexual conduct in the fourth degree; misdemeanor.

Sec. 520e.

    (1) A person is guilty of criminal sexual conduct in the fourth degree if the person engages in sexual contact with another person and if any of the following circumstances exist:

    (a) That other person is at least 13 years of age but less than 16 years of age, and the actor is 5 or more years older than that other person.

    (b) Force or coercion is used to accomplish the sexual contact. Force or coercion includes, but is not limited to, any of the following circumstances:

    (i) When the actor overcomes the victim through the actual application of physical force or physical violence.

    (ii) When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute that threat.

    (iii) When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute that threat. As used in this subparagraph, "to retaliate" includes threats of physical punishment, kidnapping, or extortion.

    (iv) When the actor engages in the medical treatment or examination of the victim in a manner or for purposes which are medically recognized as unethical or unacceptable.

    (v) When the actor achieves the sexual contact through concealment or by the element of surprise.

    (c) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.

    (d) That other person is related to the actor by blood or affinity to the third degree and the sexual contact occurs under circumstances not otherwise prohibited by this chapter. It is an affirmative defense to a prosecution under this subdivision that the other person was in a position of authority over the defendant and used this authority to coerce the defendant to violate this subdivision. The defendant has the burden of proving this defense by a preponderance of the evidence. This subdivision does not apply if both persons are lawfully married to each other at the time of the alleged violation.

    (e) The actor is a mental health professional and the sexual contact occurs during or within 2 years after the period in which the victim is the actor's client or patient and not the actor's spouse. The consent of the victim is not a defense to a prosecution under this subdivision. A prosecution under this subsection shall not be used as evidence that the victim is mentally incompetent.

    (f) That other person is at least 16 years of age but less than 18 years of age and a student at a public school or nonpublic school, and either of the following applies:

    (i) The actor is a teacher, substitute teacher, or administrator of that public school, nonpublic school, school district, or intermediate school district. This subparagraph does not apply if the other person is emancipated at the time of the alleged violation.

    (ii) The actor is an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses the actor's employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.

    (g) That other person is at least 16 years old but less than 26 years of age and is receiving special education services, and either of the following applies:

    (i) The actor is a teacher, substitute teacher, administrator, employee, or contractual service provider of the public school, nonpublic school, school district, or intermediate school district from which that other person receives the special education services. This subparagraph does not apply if both persons are not less than 18 years of age and were lawfully married to each other at the time of the alleged violation.

    (ii) The actor is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses the actor's employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.

    (h) The actor is an employee, contractual service provider, or volunteer of a child care organization, or a person licensed to operate a foster family home or a foster family group home, in which that other person is a resident, that other person is at least 16 years of age, and the sexual contact occurs during that other person's residency. As used in this subdivision, "child care organization", "foster family home", and "foster family group home" mean those terms as defined in section 1 of 1973 PA 116, MCL 722.111.

    (2) Criminal sexual conduct in the fourth degree is a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $500.00, or both.

    

    

History: Add. 1974, Act 266, Eff. Apr. 1, 1975 ;-- Am. 1983, Act 158, Eff. Mar. 29, 1984 ;-- Am. 1988, Act 86, Eff. June 1, 1988 ;-- Am. 1994, Act 213, Eff. Oct. 1, 1994 ;-- Am. 1996, Act 155, Eff. June 1, 1996 ;-- Am. 2000, Act 227, Eff. Oct. 1, 2000 ;-- Am. 2000, Act 505, Eff. Mar. 28, 2001 ;-- Am. 2002, Act 714, Eff. Apr. 1, 2003 ;-- Am. 2007, Act 163, Eff. July 1, 2008 ;-- Am. 2012, Act 372, Eff. Apr. 1, 2013 ;-- Am. 2023, Act 126, Imd. Eff. Sept. 27, 2023

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 355 cases (106 in the last 5 years), 1977–2026 · leading case: People v. Russell, 703 N.W.2d 107 (Mich. Ct. App. 2005).
Sort: Relevance Newest Treatment
People v. Russell, 703 N.W.2d 107 (Mich. Ct. App. 2005). · cites it 25× “Defendant appeals as of right his jury trial conviction of fourth-degree criminal sexual conduct (CSC IV), MCL 750.520e. Defendant’s conviction stems from an incident that occurred between the adult victim and defendant, who is the husband of the victim’s maternal aunt.”
People v. Patterson, 410 N.W.2d 733 (Mich. 1987). · cites it 28× “The fourth-degree criminal sexual conduct statute, MCL 750.520e; MSA 28.788(5), provided at the time: Sec.”
United States v. Kiang, 175 F. Supp. 2d 942 (E.D. Mich. 2001). · cites it 33× “On February 23, 1995, Defendant pleaded no contest to one count of fourth degree criminal sexual conduct in the Sixth Judicial Circuit Court in Pontiac, Michigan, in violation of section 750.520e of the Michigan Compiled Laws (hereinafter “M.”
People of Michigan v. Lovell Charles Sharpe, 918 N.W.2d 504 (Mich. 2018). · cites it 5× “520d, and one count of fourth-degree CSC, MCL 750.520e, based on allegations that he engaged in sexual penetration and conduct with the 14-year-old complainant, DM.”
People v. Green, 884 N.W.2d 838 (Mich. Ct. App. 2015). · cites it 7× “In Premo, 213 Mich App at 407-410 , this Court concluded that the conduct of the defendant, a teacher who pinched the buttocks of three high school students, constituted coercion for purposes of former MCL 750.520e(l)(a). 2 This Court reasoned: *540 We believe that defendant’s…”
People v. Solloway, 891 N.W.2d 255 (Mich. Ct. App. 2016). · cites it 2× “After speaking with MM, police ran defendant’s record and found that he was currently on probation and had been previously convicted of fourth-degree criminal sexual conduct (CSC-IV), MCL 750.520e. Defendant was therefore required to register under SORA and verify his…”
People v. Nyx, 734 N.W.2d 548 (Mich. 2007). · cites it 8× “The other degrees of CSC carry less severe maximum punishments.”
People v. Carlson, 644 N.W.2d 704 (Mich. 2002). · cites it 8× “§ 750.520e(1)(a), as then in effect, which prohibited accomplishing sexual contact by "[f]orce or coercion," [6] and the defendant was convicted of that charge.”
People v. Premo, 540 N.W.2d 715 (Mich. Ct. App. 1995). · cites it 11× “788(5) provides: (1) A person is guilty of criminal sexual conduct in the fourth degree if he or she engages in sexual contact with another person and if any of the following circumstances exists: (a) Force or coercion is used to accomplish the sexual contact.”
People v. Drohan, 715 N.W.2d 778 (Mich. 2006). · cites it 4× “Following a jury trial, defendant was convicted of one count of third-degree criminal sexual conduct, MCL 750.”
People v. Douglas, 852 N.W.2d 587 (Mich. 2014). · cites it 2× “Shortly beforehand, the prosecution extended a second plea offer to the defendant for one count of fourth-degree criminal sexual conduct (CSC-IV), MCL 750.520e, which the defendant also rejected.”
People v. Rahilly, 635 N.W.2d 227 (Mich. Ct. App. 2001). · cites it 6× “§ 750.520e (contact). The complainant and defendant were college students.”
Show all 355 citing cases →
— Mich. Comp. Laws § 750.520e(1) — 18 cases
People v. Mosko, 495 N.W.2d 534 (Mich. 1992).
People v. Berlin, 507 N.W.2d 816 (Mich. Ct. App. 1993).
in Re Octavio Sanchez Baez (Mich. Ct. App. 2018).
in Re Octavio Sanchez Baez (Mich. Ct. App. 2018).
Pianko v. Gen. R.V. Ctr., Inc. (E.D. Mich. 2021).
— Mich. Comp. Laws § 750.520e(1)(a) — 100 cases
People v. Patterson, 410 N.W.2d 733 (Mich. 1987). “The fourth-degree criminal sexual conduct statute, MCL 750.520e; MSA 28.788(5), provided at the time: Sec.”
People v. Reid, 592 N.W.2d 767 (Mich. Ct. App. 1999).
People v. Carlson, 644 N.W.2d 704 (Mich. 2002). “§ 750.520e(1)(a), as then in effect, which prohibited accomplishing sexual contact by "[f]orce or coercion," [6] and the defendant was convicted of that charge.”
People v. Duenaz, 384 N.W.2d 79 (Mich. Ct. App. 1985).
People v. Berlin, 507 N.W.2d 816 (Mich. Ct. App. 1993).
— Mich. Comp. Laws § 750.520e(1)(b) — 104 cases
People v. Patterson, 410 N.W.2d 733 (Mich. 1987). “The fourth-degree criminal sexual conduct statute, MCL 750.520e; MSA 28.788(5), provided at the time: Sec.”
People v. Carlson, 644 N.W.2d 704 (Mich. 2002). “§ 750.520e(1)(a), as then in effect, which prohibited accomplishing sexual contact by "[f]orce or coercion," [6] and the defendant was convicted of that charge.”
People v. Drohan, 715 N.W.2d 778 (Mich. 2006). “Following a jury trial, defendant was convicted of one count of third-degree criminal sexual conduct, MCL 750.”
People v. Allen, 884 N.W.2d 548 (Mich. 2016).
People v. Russell, 703 N.W.2d 107 (Mich. Ct. App. 2005). “Defendant appeals as of right his jury trial conviction of fourth-degree criminal sexual conduct (CSC IV), MCL 750.520e. Defendant’s conviction stems from an incident that occurred between the adult victim and defendant, who is the husband of the victim’s maternal aunt.”
— Mich. Comp. Laws § 750.520e(1)(b)(i) — 9 cases
People of Michigan v. Diontee Laquinn Beavers (Mich. Ct. App. 2017).
People of Michigan v. Diontee Laquinn Beavers (Mich. Ct. App. 2017).
in Re Sh'marr X Jackson (Mich. Ct. App. 2017).
in Re Sh'marr X Jackson (Mich. Ct. App. 2017).
People of Michigan v. Paul a Latorre (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 750.520e(1)(b)(ii) — 3 cases
People v. Barlow, 690 N.W.2d 703 (Mich. 2005).
in Re Sh'marr X Jackson (Mich. Ct. App. 2017).
in Re Sh'marr X Jackson (Mich. Ct. App. 2017).
— Mich. Comp. Laws § 750.520e(1)(b)(iv) — 2 cases
Heiney v. Washington (E.D. Mich. 2019).
People of Michigan v. Wendell Alan Racette (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 750.520e(1)(b)(v) — 10 cases
People of Michigan v. Cuba Gregory (Mich. Ct. App. 2020).
People of Michigan v. Joseph E Rankin Jr (Mich. Ct. App. 2020).
People of Michigan v. Diontee Laquinn Beavers (Mich. Ct. App. 2017).
People of Michigan v. Diontee Laquinn Beavers (Mich. Ct. App. 2017).
in Re Sh'marr X Jackson (Mich. Ct. App. 2017).
— Mich. Comp. Laws § 750.520e(1)(c) — 12 cases
People v. Carlson, 644 N.W.2d 704 (Mich. 2002). “§ 750.520e(1)(a), as then in effect, which prohibited accomplishing sexual contact by "[f]orce or coercion," [6] and the defendant was convicted of that charge.”
People of Michigan v. Dakota Lee Shorter, 922 N.W.2d 628 (Mich. Ct. App. 2018).
People of Michigan v. Jonathan Llewellyn Maybin (Mich. Ct. App. 2018).
People of Michigan v. Arthur John Laundry Jr (Mich. Ct. App. 2025).
People of Michigan v. Quartez Qemond Green (Mich. Ct. App. 2023).
— Mich. Comp. Laws § 750.520e(1)(d) — 9 cases
People v. Russell, 703 N.W.2d 107 (Mich. Ct. App. 2005). “Defendant appeals as of right his jury trial conviction of fourth-degree criminal sexual conduct (CSC IV), MCL 750.520e. Defendant’s conviction stems from an incident that occurred between the adult victim and defendant, who is the husband of the victim’s maternal aunt.”
People of Michigan v. Christopher Tracy Craft (Mich. Ct. App. 2026).
People of Michigan v. Keith Allen Bagley (Mich. Ct. App. 2015).
People of Michigan v. David Kent Chaplin (Mich. Ct. App. 2017).
People of Michigan v. David Kent Chaplin (Mich. Ct. App. 2017).
— Mich. Comp. Laws § 750.520e(1)(e) — 1 case
People of Michigan v. Mark Stephen Jones (Mich. Ct. App. 2019).
— Mich. Comp. Laws § 750.520e(1)(f) — 1 case
People of Michigan v. Chad David Curtis (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 750.520e(1)(f)(i) — 2 cases
People of Michigan v. Jason Lane Debandt (Mich. Ct. App. 2025).
People of Michigan v. Janet Marie Brown (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 750.520e(1)(g) — 1 case
VanRhee 957454 v. Par. (W.D. Mich. 2020).
— Mich. Comp. Laws § 750.520e(2) — 12 cases
People v. Nyx, 734 N.W.2d 548 (Mich. 2007). “The other degrees of CSC carry less severe maximum punishments.”
People v. Pfaffle, 632 N.W.2d 162 (Mich. Ct. App. 2001).
People v. Grove, 566 N.W.2d 547 (Mich. 1997).
People of Michigan v. Cora Ladane Lymon (Mich. 2024).
People of Michigan v. Jonathan Llewellyn Maybin (Mich. Ct. App. 2018).
— Mich. Comp. Laws § 750.520e(a)(l) — 1 case
Zdebski v. Schmucker, 972 F. Supp. 2d 972 (E.D. Mich. 2013).
— Mich. Comp. Laws § 750.520e(b) — 3 cases
People of Michigan v. Cherria M Runnels-Karsiotis (Mich. Ct. App. 2016).
People of Michigan v. James Howard Shaul (Mich. Ct. App. 2019).
People of Michigan v. Dustin Anthony Menard (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 750.520e(b)(i) — 2 cases
United States v. Kiang, 175 F. Supp. 2d 942 (E.D. Mich. 2001). “On February 23, 1995, Defendant pleaded no contest to one count of fourth degree criminal sexual conduct in the Sixth Judicial Circuit Court in Pontiac, Michigan, in violation of section 750.520e of the Michigan Compiled Laws (hereinafter “M.”
People of Michigan v. Cherria M Runnels-Karsiotis (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 750.520e(c) — 1 case
Zdebski v. Schmucker, 972 F. Supp. 2d 972 (E.D. Mich. 2013).
— Mich. Comp. Laws § 750.520e(l) — 1 case
United States v. Kiang, 175 F. Supp. 2d 942 (E.D. Mich. 2001). “On February 23, 1995, Defendant pleaded no contest to one count of fourth degree criminal sexual conduct in the Sixth Judicial Circuit Court in Pontiac, Michigan, in violation of section 750.520e of the Michigan Compiled Laws (hereinafter “M.”
— Mich. Comp. Laws § 750.520e(l)(a) — 23 cases
People v. Premo, 540 N.W.2d 715 (Mich. Ct. App. 1995). “788(5) provides: (1) A person is guilty of criminal sexual conduct in the fourth degree if he or she engages in sexual contact with another person and if any of the following circumstances exists: (a) Force or coercion is used to accomplish the sexual contact.”
United States v. Kiang, 175 F. Supp. 2d 942 (E.D. Mich. 2001). “On February 23, 1995, Defendant pleaded no contest to one count of fourth degree criminal sexual conduct in the Sixth Judicial Circuit Court in Pontiac, Michigan, in violation of section 750.520e of the Michigan Compiled Laws (hereinafter “M.”
People v. Green, 884 N.W.2d 838 (Mich. Ct. App. 2015). “In Premo, 213 Mich App at 407-410 , this Court concluded that the conduct of the defendant, a teacher who pinched the buttocks of three high school students, constituted coercion for purposes of former MCL 750.520e(l)(a). 2 This Court reasoned: *540 We believe that defendant’s…”
People v. Lockett, 295 Mich. App. 165 (Mich. Ct. App. 2012).
People v. Patterson, 410 N.W.2d 733 (Mich. 1987). “The fourth-degree criminal sexual conduct statute, MCL 750.520e; MSA 28.788(5), provided at the time: Sec.”
— Mich. Comp. Laws § 750.520e(l)(b) — 21 cases
People v. Green, 884 N.W.2d 838 (Mich. Ct. App. 2015). “In Premo, 213 Mich App at 407-410 , this Court concluded that the conduct of the defendant, a teacher who pinched the buttocks of three high school students, constituted coercion for purposes of former MCL 750.520e(l)(a). 2 This Court reasoned: *540 We believe that defendant’s…”
People v. Drohan, 715 N.W.2d 778 (Mich. 2006). “Following a jury trial, defendant was convicted of one count of third-degree criminal sexual conduct, MCL 750.”
People v. Hallak, 873 N.W.2d 811 (Mich. Ct. App. 2015).
People v. Carlson, 644 N.W.2d 704 (Mich. 2002). “§ 750.520e(1)(a), as then in effect, which prohibited accomplishing sexual contact by "[f]orce or coercion," [6] and the defendant was convicted of that charge.”
People v. Drohan, 689 N.W.2d 750 (Mich. Ct. App. 2004).
— Mich. Comp. Laws § 750.520e(l)(b)(i) — 1 case
People v. Green, 884 N.W.2d 838 (Mich. Ct. App. 2015). “In Premo, 213 Mich App at 407-410 , this Court concluded that the conduct of the defendant, a teacher who pinched the buttocks of three high school students, constituted coercion for purposes of former MCL 750.520e(l)(a). 2 This Court reasoned: *540 We believe that defendant’s…”
— Mich. Comp. Laws § 750.520e(l)(b)(iii) — 1 case
People v. Hesch, 749 N.W.2d 267 (Mich. Ct. App. 2008).
— Mich. Comp. Laws § 750.520e(l)(b)(iv) — 2 cases
Shuler v. Michigan Physicians Mut. Liab. Co., 679 N.W.2d 106 (Mich. Ct. App. 2004).
People v. Regts, 555 N.W.2d 896 (Mich. Ct. App. 1996).
— Mich. Comp. Laws § 750.520e(l)(b)(v) — 1 case
Zdebski v. Schmucker, 972 F. Supp. 2d 972 (E.D. Mich. 2013).
— Mich. Comp. Laws § 750.520e(l)(d) — 1 case
People v. Russell, 703 N.W.2d 107 (Mich. Ct. App. 2005). “Defendant appeals as of right his jury trial conviction of fourth-degree criminal sexual conduct (CSC IV), MCL 750.520e. Defendant’s conviction stems from an incident that occurred between the adult victim and defendant, who is the husband of the victim’s maternal aunt.”
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