Statutes of Limitations

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Sexual Offense Statutes

Mich. Comp. Laws § 750.158 Crime against nature or sodomy

  • Felony punishable by imprisonment in the state prison for not more than 15 years, or if such person was at the time of the said offense a sexually delinquent person, may be punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life

Mich. Comp. Laws § 750.335 a Indecent exposure

  • Misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000, or both
  • If the person was fondling himself or herself during the act, guilty of a misdemeanor punishable by imprisonment for not more than 2 years, or a fine of not more than $2,000, or both
  • If the person was at the time of the violation a sexually delinquent person, punishable by imprisonment for an indeterminate term, the minimum of which is 1 day and the maximum of which is life

Mich. Comp. Laws § 750.338 Gross indecency; between male persons

  • Felony punishable by imprisonment in the state prison for not more than 5 years, or by a fine of not more than $2,500, or if such person was at the time of the said offense a sexually delinquent person, punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life

Mich. Comp. Laws § 750.338a Gross indecency; female persons

  • Felony punishable by imprisonment in the state prison for not more than 5 years, or by a fine of not more than $2,500, or if such person was at the time of the said offense a sexually delinquent person, punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life

Mich. Comp. Laws § 750.338b Gross indecency; between male and female persons

  • Felony punishable by imprisonment in the state prison for not more than 5 years, or by a fine of not more than $2,500, or if such person was at the time of the said offense a sexually delinquent person, punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life

Mich. Comp. Laws § 750.520b Criminal sexual conduct, first degree

  • Felony punishable as follows:
    • (a) Except as provided in subdivisions (b) and (c), by imprisonment for life or for any term of years
    • (b) If committed by an individual 17 years of age or older against an individual less than 13 years of age, by imprisonment for life or any term of years, but not less than 25 years
    • (c) If committed by an individual 17 years of age or older against an individual less than 13 years of age, by imprisonment for life without the possibility of parole if the person was previously convicted of a violation of this section or certain similar sections
    • (d) In addition to any other penalty imposed under subdivision (a) or (b), the court shall sentence the defendant to lifetime electronic monitoring
  • Graham v. Florida, 130 S.Ct. 2011, 2014 (U.S. May 17, 2010), validity called into doubt with respect to juvenile offenders sentenced to life without the possibility of parole as the Supreme Court held that the Eighth Amendment prohibits imposition of life without parole sentence on juvenile offender who did not commit homicide, and that the State must give juvenile non-homicide offender sentenced to life without parole meaningful opportunity to obtain release

Mich. Comp. Laws § 750.520c Criminal sexual conduct, second degree

  • Felony punishable as follows:
    • (a) Imprisonment for not more than 15 years
    • (b) In addition to the penalty specified in subdivision (a), the court shall sentence the defendant to lifetime electronic monitoring if the violation involved sexual contact committed by an individual 17 years of age or older against an individual less than 13 years of age
  • Certain 2011 legislation (2011 MI H.B. 5528 (NS); 2011 MI S.B. 934 (NS)) is pending that would amend this section

Mich. Comp. Laws § 750.520d Criminal sexual conduct, third degree

  • Felony punishable by imprisonment for not more than 15 years
  • Certain 2011 legislation is pending that would amend this section

Mich. Comp. Laws § 750.520e Criminal sexual conduct, fourth degree

  • Misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $500, or both
  • Certain 2011 legislation is pending that would amend this section

Mich. Comp. Laws § 750.520f Sentencing for second or subsequent offenses under §§ 750.520b, 750.520c or 750.520d

  • 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

Mich. Comp. Laws § 750.520g Assault with intent to commit criminal sexual conduct

  • If the assault involves sexual penetration, shall be a felony punishable by imprisonment for not more than 10 years
  • Second degree offense shall be a felony punishable by imprisonment for not more than 5 years

 

STATUTE OF LIMITATIONS

Mich. Comp. Laws § 767.24 Time limitations for finding and filing indictments; extension and tolling

  • (1) No limit for criminal sexual conduct in the first degree (§ 750.520b)
  • (2) (a) For the following offenses, within 10 years after commission of the offense, or by the alleged victim’s twenty-first birthday, whichever occurs later:
    • Criminal sexual conduct in the second degree (§ 750.520c)
    • Criminal sexual conduct in the third degree (§ 750.520d)
    • Criminal sexual conduct in the fourth degree (§ 750.520e)
    • Assault with intent to commit criminal sexual conduct (§ 750.520g)
  • (5) For any other offense, within 6 years after commission of the offense
  • (7) Any period during which the party charged did not usually and publicly reside within this state is not part of the time within which the respective indictments may be found and filed

    People v. Russo (1990) 463 N.W.2d 138, 185 Mich.App. 422—When statutory amendment extends statute of limitations applicable to criminal cases, extension applies to offenses not barred at time amendment was passed, and thus, prosecution may be commenced at any time within newly established period
  • People v. Budnick (1992) 494 N.W.2d 778, 197 Mich.App. 21—Statute tolling limitations period while defendant is not Michigan resident did not apply to portion of special limitation period for sexual offense involving children requiring charges to be filed by victim’s 21st birthday

 

DNA EXCEPTION

Mich. Comp. Laws § 767.24 Indictments; limitations

  • (2) (b) If evidence of the violation is obtained and that evidence contains DNA from an unidentified individual, an indictment against that individual for the violation may be found and filed at any time after the offense is committed; however after the individual is identified, the indictment may be found and filed within 10 years after the individual is identified or by the alleged victim’s twenty-first birthday, whichever occurs later
 
 
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