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  1. #1
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    Default Can an Accused Child Sex Offender Have Children

    My question involves criminal law for the state of: Michigan

    My best friend was falsely accused of two accounts of Criminal Sexual Conduct 2nd Degree (Person Under 13, Defendant Over 17). He plead No Contest to avoid going to trial and losing and going to jail for 25 years. His family, friends, and even his Ex Wife's family know the he is innocent. He is sentenced to probation for 5 years with the chance of getting off probation in 1 year. He is now on a list for 25 years. Him and my sister would like to get married and have children. My question is...Can he have children if he is convicted of a sex offense against a child and would the state try to take the child away from them?

  2. #2
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    Default Re: Can an Accused Child Sex Offender Have Children

    CAN he? Yes, unless he's been fixed.

    SHOULD he? That is the question.

    With the consequences of becoming a registered sex offender, Why would anybody plead no contest to such a charge if he was completely innocent? That makes absolutely no sense. Didn't he have an attorney? How do all these people KNOW he was innocent? The DA doesn't bring charges unless there is evidence.

  3. #3

    Default Re: Can an Accused Child Sex Offender Have Children

    Quote Quoting PattyPA
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    CAN he? Yes, unless he's been fixed.

    SHOULD he? That is the question.

    With the consequences of becoming a registered sex offender, Why would anybody plead no contest to such a charge if he was completely innocent? That makes absolutely no sense. Didn't he have an attorney? How do all these people KNOW he was innocent? The DA doesn't bring charges unless there is evidence.
    I'm going to respectfully agree to disagree on this issue. There is a TON of corruption within law enforcement in Michigan, and a lot will depend on what color you are, past experiences with law enforcement, financial status and even your last name. You are offered a plea deal (no contest) with the threat that if you choose not to take it, you are going to go away for the maximum allowed time on the charge, and that additional charges will be added if you choose to go that route. Sometimes you take what you're offered before being railroaded and convicted of a higher offense.

    In Michigan, CSC 1 and 3 are the most serious, 2 and 4 can encompass a wide variety of variables, including 'mooning' your fellow classmates as a senior prank, kissing someone underage, or grabbing a bartender delivering your drinks around the waist and pulling her close while making obscene comments.

    To get a good answer to this question, it would be advisable to seek legal advice from a local atty, giving them all the facts of the case. They will be the best able to tell you how things work in your county, and what outcome you can expect.

  4. #4
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    Default Re: Can an Accused Child Sex Offender Have Children

    Quote Quoting mamabear2102003
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    I'm going to respectfully agree to disagree on this issue. There is a TON of corruption within law enforcement in Michigan, and a lot will depend on what color you are, past experiences with law enforcement, financial status and even your last name. You are offered a plea deal (no contest) with the threat that if you choose not to take it, you are going to go away for the maximum allowed time on the charge, and that additional charges will be added if you choose to go that route. Sometimes you take what you're offered before being railroaded and convicted of a higher offense.

    In Michigan, CSC 1 and 3 are the most serious, 2 and 4 can encompass a wide variety of variables, including 'mooning' your fellow classmates as a senior prank, kissing someone underage, or grabbing a bartender delivering your drinks around the waist and pulling her close while making obscene comments.

    To get a good answer to this question, it would be advisable to seek legal advice from a local atty, giving them all the facts of the case. They will be the best able to tell you how things work in your county, and what outcome you can expect.
    In total agreement with this post. Speak to an attorney.

  5. #5
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    Default Re: Can an Accused Child Sex Offender Have Children

    Quote Quoting mamabear2102003
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    In Michigan, CSC 1 and 3 are the most serious, 2 and 4 can encompass a wide variety of variables, including 'mooning' your fellow classmates as a senior prank, kissing someone underage, or grabbing a bartender delivering your drinks around the waist and pulling her close while making obscene comments.


    Would these result in being on the sex offender list for 25 years?


    (You know me - I'm genuinely curious here)
    An intelligent hell would be better than a stupid paradise - Victor Hugo

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  6. #6
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    Default Re: Can an Accused Child Sex Offender Have Children

    Quote Quoting moonmagik13
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    My question involves criminal law for the state of: Michigan

    My best friend was falsely accused of two accounts of Criminal Sexual Conduct 2nd Degree (Person Under 13, Defendant Over 17). He plead No Contest to avoid going to trial and losing and going to jail for 25 years. His family, friends, and even his Ex Wife's family know the he is innocent. He is sentenced to probation for 5 years with the chance of getting off probation in 1 year. He is now on a list for 25 years. Him and my sister would like to get married and have children. My question is...Can he have children if he is convicted of a sex offense against a child and would the state try to take the child away from them?
    what are the restriction imposed on him? They vary not only with what law was charged but the restrictions can be custom tailored for each defendant.

    csc 2nd has a 15 year penalty

    (2) Criminal sexual conduct in the second degree is a felony punishable as follows:

    (a) By 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 under section 520n 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.

    In Michigan, CSC 1 and 3 are the most serious, 2 and 4 can encompass a wide variety of variables, including 'mooning' your fellow classmates as a senior prank, kissing someone underage, or grabbing a bartender delivering your drinks around the waist and pulling her close while making obscene comments.
    you need to read the laws there mamabear. I don't know how you can state 1 and 3 are the most serious and 2 and 4 lesser. 1,2,and 3 area all felonies. 2 is very serious. 4 is a misdemeanor.

    I can also find nothing concerning exposure of one's buttocks in any of the criminal sexual conduct laws. Even 4th degree requires sexual contact.
    (1) A person is guilty of criminal sexual conduct in the fourth degree if he or she engages in sexual contact with another person and if any of the following circumstances exist:
    if anybody cares to actually read the laws:

    http://www.legislature.mi.gov/(S(2lr...328-1931-LXXVI

    the exposure of ones buttocks, at worst, would be indecent exposure but I would have to research what is even considered to indecent exposure before saying one way or the other. From a quick search, I believe the anus must be exposed for it to be considered indecent.

  7. #7

    Default Re: Can an Accused Child Sex Offender Have Children

    Quote Quoting Dogmatique
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    Would these result in being on the sex offender list for 25 years?


    (You know me - I'm genuinely curious here)
    Yes, it resulted in a restraining order against him, loss of his job (he was a state trooper), and 25 years on the SO registry. He also ended up losing his family, as his wife divorced him after showing up in court and listening to the witnesses testify. (I was the 'victim' in this case, filed by the PA based on other witness statements). As for the mooning, again yes, the kid (17) was in my dd's class, got funny, and they filed CSC charges against him, resulting in 60 days in jail, 25 years on SO registry and 5 years probation. The kissing was a friends kid, he was 18, she was 14 (gf), and they gave him the same sentence as the kid that mooned at the school. All of the above were filed under 2nd and 4th degree charges (which were explained to me by the local PA and the LT. at the state troopers office). Now my nephew was charged with 1st and 3rd, they dropped 4 of the charges in exchange for a guilty plea on the other two, and he got 4 yrs 8 months in state pen, and SO reg for 25 years because his offense included actual penetration with someone younger than 14.

    jk, I did read the laws, and I have had personal experience with most of them. The judge has a wide discretion in sentencing based on plea agreements made and the situation involved. As for the kids, I find it ridiculous to require SO status for someone that is young and just got stupid. My brother was charged with CSC 1/3 and pleaded to 'gross indecency with a minor', served 5 years in the state pen, 2 yrs probation, and was NOT required to register as a SO, even though his case involved sexual contact/penetration with a minor (she was 15, he was 29... she had a false ID and admitted the same to the court during trial).

    Because of the wide latitude that is practiced, it's always best to consult an atty in the local area that knows the court system that you're working in, because things vary from county to county and system to system. What happens in county A may very well be seen differently in county B, regardless of the original charge.

  8. #8
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    Default Re: Can an Accused Child Sex Offender Have Children

    Quote Quoting Dogmatique
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    Would these result in being on the sex offender list for 25 years?
    In Michigan, urinating in public, sexting, and Romeo/Juliet relationships can land you on the sex offender registry.

    There are a whole pile of states that require registration if you're busted having a pee in public (typically charged as indecent exposure/public lewdness):

    Arizona, Ariz. Rev. Stat. §13-3821 (if the individual has more than one previous conviction for public urination—two if
    exposed to a person under 15; three if exposed to a person over 15); California, Cal. Penal Code §314(1)-(2), 290; Connecticut,
    Conn. Gen. Stat. §53a-186, §54-250, §54-251 (if the victim was under 18); Georgia, O.C.G.A. §42-1-12, 16-6-8 (if done in view of
    a minor); Idaho, Idaho Code Ann. §18-4116, 8306, 8304; Kentucky, Ky. Rev. Stat. Ann. §510.148, §17.520, 500, §510.150;
    Massachusetts, Mass. Gen. Laws ch. 272 §16, ALM GL ch. 6 §178G, 178C; Michigan, Mich. Comp. Laws §167(1)(f), §28.722,
    723; New Hampshire, N.H. Rev. Stat. Ann. §651-B:1, RSA 651-B:2, 645:1(II), (III); Oklahoma, 57 Okl.St. §582.21, §1021; South
    Carolina, S.C. Code Ann. §23-3-430; Utah, Utah Code Ann. §77-27-21.5, §76-9-702.5; Vermont, Vt. Stat. Ann. Tit. 13, §2601,
    §5407, 5401.
    Check out here, here, and here. (The last is a 146 page report on sex offender registry laws.)
    I'm not a lawyer, but I play a researcher on the internet!
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  9. #9

    Default Re: Can an Accused Child Sex Offender Have Children

    Quote Quoting LawResearcherMissy
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    In Michigan, urinating in public, sexting, and Romeo/Juliet relationships can land you on the sex offender registry.

    There are a whole pile of states that require registration if you're busted having a pee in public (typically charged as indecent exposure/public lewdness):



    Check out here, here, and here. (The last is a 146 page report on sex offender registry laws.)
    Some of the laws, and the way they are applied make NO sense whatsoever. When we were young, streaking and mooning were a trend, now it can ruin a life. And lately (last 18 months or so) it seems that if a high profile person or officer commits an offense, it's reduced to nothing, but if the common man commits the same offense, he's gonna pay a much higher cost. These issues are starting to be addressed, but we're a long way from getting it together up here.

  10. #10
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    Default Re: Can an Accused Child Sex Offender Have Children

    As for the mooning, again yes, the kid (17) was in my dd's class, got funny, and they filed CSC charges against him, resulting in 60 days in jail, 25 years on SO registry and 5 years probation.
    there was either more to the story or he had a really poor lawyer. Both 2nd and 4th, by the verbiage alone, require contact.. Neither charge is applicable to mooning. I would love to know the exact section of the statutes applied. Sounds like the kid got taken for a ride or there is much more to the story.

    from the statutes:

    (q) "Sexual contact" includes the intentional touching of the victim's or actor's intimate parts or the intentional touching of the clothing covering the immediate area of the victim's or actor's intimate parts, if that intentional touching can reasonably be construed as being for the purpose of sexual arousal or gratification, done for a sexual purpose, or in a sexual manner for:

    (i) Revenge.

    (ii) To inflict humiliation.

    (iii) Out of anger.
    Mooning just isn't a possibility as a CSC violation.


    The kissing was a friends kid, he was 18, she was 14 (gf), and they gave him the same sentence as the kid that mooned at the school.
    depending what was involved, may very well have been applicable.




    Now my nephew was charged with 1st and 3rd, they dropped 4 of the charges in exchange for a guilty plea on the other two, and he got 4 yrs 8 months in state pen, and SO reg for 25 years because his offense included actual penetration with someone younger than 14.
    I know a person that has a 25 year registration for 4th degree CSC (misdemeanor). and the victim was 15 and I do not believe it even included penetration.

    jk, I did read the laws, and I have had personal experience with most of them. The judge has a wide discretion in sentencing based on plea agreements made and the situation involved. As for the kids, I find it ridiculous to require SO status for someone that is young and just got stupid. My brother was charged with CSC 1/3 and pleaded to 'gross indecency with a minor', served 5 years in the state pen, 2 yrs probation, and was NOT required to register as a SO, even though his case involved sexual contact/penetration with a minor (she was 15, he was 29... she had a false ID and admitted the same to the court during trial).
    so, sex offenders can't be young?

    but what does any of that have to do with your claim of seriousness of the varying levels of CSC? You claimed CSC 4th was more serious than 3 and it isn't. 3 is a felony and 4 is a misdemeanor so regardless of the punishment, 3 will always be seen as more serious.

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