Date and Time of Offense, Child CSC

Criminal Law Update

People v Dobek, 274 Mich App 58 (2007)(jan'07).Despite specific dates on the Information, and despite an alibi for critical portions of that period, the court of appeals approved the trial court's instruction to the jury that "time was not an element of the crime." The court noted that the prosecution need only prove that the alleged acts were committed before thevictim's 13thbirthday in this ten-year-delayed father-daughter CSC prosecution.