Criminal Sexual Conduct, 1 st Degree, Underlying Felony

Criminal Law Update

People v Lockett, People v Johnson, 295 Mich App 165; 814 NW2d 295 (2012)(jan’12). Defendants were convicted of 1st degree criminal sexual conduct and accosting a minor for immoral purposes. Defendants had picked up three girls one night in their van. The girls were 17,16 and 14 years of age. Each defendant engaged in sexual acts with the 17 year old in plain sight of the 14 year old. The defendants were charged with, among other crimes, CSC 1st under MCL 750.520b(1)(c), for penetration (with the 17 year old) committed under circumstances involving a felony, where the felony was disseminating sexually explicit matter to a minor (the 14 year old) who was in plain view, under MCL 722.675(1)(b). The trial court found that there was a sufficient nexus between Lockett's sexual penetration of the 17 year old girl and the crime of disseminating sexually explicit matter to the youngest girl. The COA held that the defendants could not be convicted of 1 st degree criminal sexual conduct involving penetration under circumstances involving another felony because the “victim” of the sexual penetration was not impacted by the circumstances of the underlying felony.