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

Mich. Comp. Laws § 750.520i (2026)

Resistance by victim not required.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.520i Resistance by victim not required.

Sec. 520i.

    A victim need not resist the actor in prosecution under sections 520b to 520g.

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 15 cases (5 in the last 5 years), 1976–2025 · leading case: People v. Oliphant, 250 N.W.2d 443 (Mich. 1976).
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People v. Oliphant, 250 N.W.2d 443 (Mich. 1976). · cites it 2× “MCLA 750.520i; MSA 28.788(9). The primary issue is whether force or coercion is used; non-consent may, it would appear, be an inference from evidence of force or coercion.”
People v. Phelps, 791 N.W.2d 732 (Mich. Ct. App. 2010). · cites it 2× “MCL 750.520i. MCL 750.520h. MCL 750.520b(1)(f)(v).”
People v. Heflin, 456 N.W.2d 10 (Mich. 1990). “MCL 750.520i; MSA 28.788(9). [13] See, e.”
People v. LaLone, 437 N.W.2d 611 (Mich. 1989). “MCL 750.520i; MSA 28.788(9). [17] The provision is also indicative of the Legislature's mistrust of broad judicial discretion in the area of criminal sexual conduct prosecutions.”
People v. Patterson, 410 N.W.2d 733 (Mich. 1987). “MCL 750.520i; MSA 28.788(9). Further, that such a result was not intended by the Legislature is indicated by the following example of force referenced under the statute: "When the actor engages in the medical treatment or examination of the victim in a manner or for purposes…”
People of Michigan v. Benjamin Otto Anderson (Mich. Ct. App. 2024). · cites it 2× “Further, in a prosecution for first-degree criminal sexual conduct (CSC-I) or CSC-III, “[a] victim need not resist the actor,” MCL 750.520i, and “[t]he testimony of a victim need not be corroborated,” MCL 750.”
in Re Thomas Albert Stafford Jr (Mich. Ct. App. 2017). “And to the extent that respondent questions RH’s failure to scream or call out for help during the incident, or RH’s failure to use her cellphone to take a photograph of respondent after the incident, we note that, under MCL 750.520i, “[a] victim need not resist the actor in…”
in Re Thomas Albert Stafford Jr (Mich. Ct. App. 2017). “And to the extent that respondent questions RH’s failure to scream or call out for help during the incident, or RH’s failure to use her cellphone to take a photograph of respondent after the incident, we note that, under MCL 750.520i, “[a] victim need not resist the actor in…”
People of Michigan v. Nicholas Ryan Christensen (Mich. Ct. App. 2018). “MCL 750.520i. Furthermore, “Michigan case law has consistently held that ‘force or coercion’ is not limited to the examples listed in the statute and that each case must be examined on its own facts.”
People of Michigan v. Nicholas Ryan Christensen (Mich. Ct. App. 2018). “MCL 750.520i. Furthermore, “Michigan case law has consistently held that ‘force or coercion’ is not limited to the examples listed in the statute and that each case must be examined on its own facts.”
People of Michigan v. Maurell Antoine Kurtz (Mich. Ct. App. 2021). “MCL 750.520i. This Court has found an authoritative relationship and coercion in the absence of any formal relationship between the defendant and the victim.”
People of Michigan v. Jayson Anthony Jones (Mich. Ct. App. 2024). “Further, for purposes of CSC-III, “[a] victim need not resist the actor,” MCL 750.520i, and “[t]he testimony of a victim need not be corroborated,” MCL 750.”
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