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

Mich. Comp. Laws § 750.520f (2026)

Second or subsequent offense; penalty.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.520f Second or subsequent offense; penalty.

Sec. 520f.

    (1) If a person is convicted of a second or subsequent offense under section 520b, 520c, or 520d, the sentence imposed under those sections for the second or subsequent offense shall provide for a mandatory minimum sentence of at least 5 years.

    (2) For purposes of this section, an offense is considered a second or subsequent offense if, prior to conviction of the second or subsequent offense, the actor has at any time been convicted under section 520b, 520c, or 520d or under any similar statute of the United States or any state for a criminal sexual offense including rape, carnal knowledge, indecent liberties, gross indecency, or an attempt to commit such an offense.

History: Add. 1974, Act 266, Eff. Apr. 1, 1975

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 34 cases (4 in the last 5 years), 1981–2025 · leading case: People v. Wilcox, 781 N.W.2d 784 (Mich. 2010).
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People v. Wilcox, 781 N.W.2d 784 (Mich. 2010). · cites it 93× “At issue in this case is whether the legislative sentencing guidelines [1] apply to defendant's 10-year minimum sentence imposed under MCL 750.520f, the repeat criminal sexual conduct (CSC) offender statute.”
People v. Eason, 458 N.W.2d 17 (Mich. 1990). · cites it 8× “[4] Although there is no express statutory requirement that the habitual offender act be applied to other sentence enhancement provisions, this Court and the Court of Appeals have implied such requirements in both criminal sexual conduct, MCL 750.520f; MSA 28.788(6), and…”
People v. Allen, 884 N.W.2d 548 (Mich. 2016). · cites it 6× “520c(1)(b), and having committed a second criminal sexual conduct offense, MCL 750.520f, and was sentenced as a second-offense habitual offender under MCL 769.”
People v. Payne, 850 N.W.2d 601 (Mich. Ct. App. 2014). · cites it 3× “In Wilcox, 486 Mich at 62 , our Supreme Court examined MCL 750.520f(l), which requires the circuit court to impose “a mandatory minimum sentence of at least 5 years” when a defendant is convicted of a second or subsequent criminal sexual conduct felony offense.”
People of Michigan v. Eddie Brown, 926 N.W.2d 879 (Mich. Ct. App. 2018). “520b(2)(c), and as a second CSC-I offender with respect to the other two counts of CSC-I, MCL 750.520f, imposing sentences of life in prison for the CSC-I conviction under § 520b(1)(a), 10 to 40 years in prison for each CSC-I conviction under § 520b(1)(b)( i ), and 5 to 22½…”
People v. VanderMel, 401 N.W.2d 285 (Mich. Ct. App. 1986). · cites it 9× “MCL 750.520f; MSA 28.788(6). 1 He was sentenced to a prison term of from five to fifteen years on these convictions.”
People v. Bailey, 302 N.W.2d 924 (Mich. Ct. App. 1981). · cites it 3× “Defendant’s last claim of error is that the trial court erred in sentencing defendant to a mandatory five-year minimum sentence pursuant to MCL 750.520f; MSA 28.788(6) despite the fact that no supplemental information was filed informing him that he faced sentence enhancement as…”
People v. Voss, 348 N.W.2d 37 (Mich. Ct. App. 1984). · cites it 3× “Defendant’s second claim is that he was improperly charged under the habitual offender statute rather than under the provision in the criminal sexual conduct statute providing for sentence enhancement, MCL 750.520f; MSA 28.788(6), which states: "Second or subsequent offenses…”
People v. Urynowicz, 312 N.W.2d 625 (Mich. 1981). · cites it 2× “While it is conceded that the advice was not given, the prosecutor maintains that it was not necessary in this case because the defendant must first have been charged as a second offender under MCL 750.520f; MSA 28.788(6) before the mandatory minimum could be imposed.”
People v. Luke, 320 N.W.2d 350 (Mich. Ct. App. 1982). · cites it 2× “On appeal, defendant argued for reversal because the circuit judge did not inform him of the mandatory minimum five-year sentence required by MCL 750.520f; MSA 28.788(6) for second or subsequent offenders.”
People v. Primer, 506 N.W.2d 839 (Mich. 1993). · cites it 2× “1101 et seq. ; MSA 14.15(1101) et seq. [7] An individual who was convicted previously for a violation of any of the following offenses and is thereafter convicted of a second or subsequent violation of any of the following offenses shall be imprisoned for life and shall not be…”
People v. Stout, 323 N.W.2d 532 (Mich. Ct. App. 1982). “The Court held that where the defendant is not charged as a subsequent offender (in that case under MCL 750.520f; MSA 28.788[6]), there is no mandatory minimum sentence of which to advise.”
Show all 34 citing cases →
— Mich. Comp. Laws § 750.520f(1) — 6 cases
People v. Wilcox, 781 N.W.2d 784 (Mich. 2010). “At issue in this case is whether the legislative sentencing guidelines [1] apply to defendant's 10-year minimum sentence imposed under MCL 750.520f, the repeat criminal sexual conduct (CSC) offender statute.”
People v. Eason, 458 N.W.2d 17 (Mich. 1990). “[4] Although there is no express statutory requirement that the habitual offender act be applied to other sentence enhancement provisions, this Court and the Court of Appeals have implied such requirements in both criminal sexual conduct, MCL 750.520f; MSA 28.788(6), and…”
People of Michigan v. Darius Cordell Gordon (Mich. Ct. App. 2019).
People of Michigan v. Jerry Jerome Brown-Pegues (Mich. Ct. App. 2025).
People of Michigan v. Guy Louis Shelton (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 750.520f(1)(i) — 1 case
People v. Welsh, 705 N.W.2d 346 (Mich. 2005).
— Mich. Comp. Laws § 750.520f(2) — 2 cases
People v. Eason, 458 N.W.2d 17 (Mich. 1990). “[4] Although there is no express statutory requirement that the habitual offender act be applied to other sentence enhancement provisions, this Court and the Court of Appeals have implied such requirements in both criminal sexual conduct, MCL 750.520f; MSA 28.788(6), and…”
People v. Wilcox, 761 N.W.2d 466 (Mich. Ct. App. 2008).
— Mich. Comp. Laws § 750.520f(l) — 3 cases
People v. Wilcox, 781 N.W.2d 784 (Mich. 2010). “At issue in this case is whether the legislative sentencing guidelines [1] apply to defendant's 10-year minimum sentence imposed under MCL 750.520f, the repeat criminal sexual conduct (CSC) offender statute.”
People v. Payne, 850 N.W.2d 601 (Mich. Ct. App. 2014). “In Wilcox, 486 Mich at 62 , our Supreme Court examined MCL 750.520f(l), which requires the circuit court to impose “a mandatory minimum sentence of at least 5 years” when a defendant is convicted of a second or subsequent criminal sexual conduct felony offense.”
People v. Eason, 458 N.W.2d 17 (Mich. 1990). “[4] Although there is no express statutory requirement that the habitual offender act be applied to other sentence enhancement provisions, this Court and the Court of Appeals have implied such requirements in both criminal sexual conduct, MCL 750.520f; MSA 28.788(6), and…”
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