Legal Question in Criminal Law in Michigan

Re: sexual conduct

The statutory language for CSC 2nd Degree is found at http://michiganlegislature.org/law/mileg.asp?page=getObject&objName=mcl-750-520c&userid= (if the URL wraps to 2 lines you may have to copy it into the browser's location box).

One variable for CSC 2nd Degree is if "the actor is related by blood or affinity to the fourth degree to the victim." This is also called the "fourth degree of consanguinity".

Think of it as an "incest" variable. The whole thing means how many steps in relationship separate the victim and the suspect?

If a brother molests his sister, they are within the 1st degree of consanguinity/affinity. The same thing goes for a father molesting his child.

There is a chart at http://www.heirsearch.com/table.htm that shows the relationship. If you change the word "decedent" on the chart to "victim", then the accused has to be within the 4th step away from the victim: parent, grandparent, great-grandparent or great-great grandparent ... brother/sister, nephew/niece, grand nephew-niece ... child, grand-child, great grandchild ... aunt/uncle ... 1st cousin

If the suspect is farther removed than that (e.g., the victim and suspect are "second cousins" or "great grand uncle/aunt") then they are not releated closely enough under our law for their "afifnity" to be an aggravating fact that makes the crime CSC 2nd, as opposed to CSC 4th degree.