Teacher Sexual Conduct with a Student
The legal age of consent in Michigan is 16 years old. However, there are protections in place to prevent those in authority from taking advantage of others.
One such protection is Michigan Penal Code Section 750.520e(1)(f)(i). This statute creates a distinction for teachers who engage in sexual conduct with a student who is between 16 and 18 years of age.
The following article will explain the distinctions within Section 750.520e, along with penalties and possible defenses.
Oakland County Sexual Conduct Defense Attorney
False accusations can be life-ruining. If you’ve been accused of engaging in sexual conduct with a student, get in contact with criminal defense attorney J. Dallo of Dallo Law, P.C. He has a thorough understanding of the training officers undergo in order to determine whether the driver is under the influence of alcohol, drugs, and/or alcohol drug-combinations. The attorneys at J. Dallo have years of experience defending people accused of OWI a proven track record of success.
Call us now at (248) 283-7000 to set up your first consultation for free. Dallo Law, P.C. accepts clients throughout the Oakland County and Macomb County area including Bloomfield Hills, Sterling Heights, Roseville, Pontiac, Troy, Royal Oak, Birmingham, Utica, Rochester, Novi and St. Claire Shores.
Information Center
- Sexual Conduct With a Student in Oakland County
- Penalties for Sexual Conduct with a Student in Michigan
- Additional Resources
- Hire a Sexual Conduct Defense Attorney
What is Sexual Conduct With a Student?
Michigan Penal Code Section 750.520e provides definitions for criminal sexual conduct in the fourth degree. This conduct is generally lower-level conduct that needs to be prevented to protect members of our society and is a sex offense. Other protected peoples in this section are those who are mentally incapable or incapacitated, or conduct that contains “an element of surprise.”
The conditions for a student-teacher conduct charge include the following:
- The perpetrator must be a teacher, administrator or substitute teacher at a public school, nonpublic school, school district or intermediate school district
- The student must be within the age of consent (16), but still a minor (under the age of 18)
Penalties for Sexual Conduct with a Student
Unclassified misdemeanors have variable sentencing potential in Michigan. However, Section 750.520e outlines the specific limits for sexual conduct with a student.
According to Michigan Penal Law, sexual conduct with a student is punishable by up to 2 years in prison and/or a fine of up to $500.
In addition to state penalties, a teacher or administrator will likely lose their teaching license and be forced to either move state or change careers.
Common Defenses for Student-Teacher Sexual Conduct Charges
Evidence: If there is no physical evidence of sexual conduct, then the charge may rely instead on hearsay. A “he said, she said” argument carries little weight unless the prosecution can establish a pattern of behavior. An evidence-based argument will look to refute physical and digital evidence of sexual conduct.
Pattern of Behavior: One element in conduct cases is that the prosecution must establish that the offending action occurred multiple times, over a period of time. Inappropriate touching, sexual contact and other behavior are examples of sexual conduct.
Additional Resources
HAVEN – Visit the HAVEN website to view hotlines and contacts for Domestic Violence and Sexual Assault. If you have been sexually contacted by a teacher, view HAVEN’s resources for next steps.
Troy Police – Generally, the best point of contact for teacher misconduct is the principal of the school the teacher works at. However, if the conduct is not resolved, or comes from a higher administrator, then it is best to get in touch with the local police.
Hire a Sexual Conduct Defense Attorney in Oakland County
Don’t wait another moment to start building your defense with attorney Dallo. He will do everything in his power to ensure they get the best possible result for their case. Set up your first consultation free with Mr. Dallo by calling (248) 283-7000.
Dallo Law, P.C. accepts clients throughout the greater Oakland County and Macomb County, Michigan area.