I was charged with a sex crime, in Michigan, in the late 90's, ...

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Anonymous Apr 14, 2012 Criminal Defense 3 views 3 answers

...my charges were MCL 750.520D1A, so how can they be continually stating the victims age as being less than the MCL code I was charged with? (No where on my court documents does it state the age). And changing my tier level by this? It seems that someone in charge isn't following the rules? What should I do? I plead NC to the charges,which were actually higher to start (of course) than I received, but the courts agreed to the plea bargain.

Attorney Answers

Andrew Lapres

Andrew Lapres · Jun 15, 2026

The way the sex offender registration works now is different than how it used to be. Your tier level is going to be based in part on the charge that you were convicted of and the age of the victim. Even though you were convicted of CSC 3 (Person 13-15), this was via plea bargain, and if the age of your alleged victim is under 13, you're a tier 3. The age requirement used to determine the tier level is based on the actual victim's actual age, not the age needed to convict you of the crime you pleaded NC to. For example, a man was charged with CSC 2nd for touching a girl under 13. He pleaded NC to CSC 4. Many convictions for CSC 4 are a tier 1 offense. However, since the victim is under 13, he's automatically a tier 3. Bottom line is, the tier level is determined by the act committed and the actual age of the victim, not the age of the victim in the statute you pleaded to.

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Robert Lebrasseur

Robert Lebrasseur · Jun 15, 2026

Get a local criminal defense attorney to investigate this

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James Lawrence

James Lawrence · Jun 15, 2026

The department of corrections is going by the presentence report and has the right to do so. When you were sentenced, you had the right to object to anything in the psr you thought was untrue, but evidently you did not object at that time, thereby forfeiting the issue. The main way to get them to stop using the age information from the psr at this late date is to file a motion in the sentencing court to change the presentence report to remove the inaccuracy. Another option is to move to withdraw the plea on the ground that you were misinformed about important consequences of the plea. If that succeeded, you would then face trial.

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