Section 750.520c - Criminal sexual conduct in the second degree; felony

1 Analyses of this statute by attorneys

  1. COA: Lifetime electronic monitoring of defendant convicted of second-degree criminal sexual conduct is constitutional

    Warner Norcross & Judd LLPMadelaine LaneJune 1, 2015

    The trial court sentenced defendant to 57 to 180 months for the CSC II conviction and ordered lifetime electronic monitoring. On appeal, defendant argued that lifetime electronic monitoring for persons convicted of CSC II, which is required by MCL 750.520c(2)(b) and 750.520n(l), constituted unconstitutional cruel and unusual punishment, violated the Fourth amendment prohibition on unreasonable searches, and violated state and federal Double Jeopardy Clauses. Additionally, defendant sought to overturn his sentence by arguing that his due process rights were violated because there was insufficient evidence of intent, i.e., that he touched the victim with a sexual purpose.