As readers of this blog know, the state of Michigan takes sex crime allegations seriously. These alleged offenses are among the most aggressively prosecuted and contain some of the toughest penalties. Those who are accused of committing a sex offense may be in for a difficult fight as, unfortunately, these individuals are often portrayed as guilty before being proven so. This means that they need to have a criminal defense that is thorough, persuasive and equally aggressive.
The first step in crafting a strong criminal defense is to know the ins and outs of the specific crime an individual is accused of committing. For example, one type of sex crime is enticement. Under Michigan law, it is a felony to take or entice a minor who is under the age of 16 away from his or her parents, guardian or other legal caretaker for the purposes of marriage, sexual intercourse or prostitution. This law, though seemingly simple on its face, can be broken down into several elements.
An individual who is charged with this crime should first consider whether the alleged victim was under the age of 16. If he or she was older than 16, then this crime has not been committed. Next, how is enticement defined? Do the alleged acts meet this definition? If not, there has not been enticement. Lastly, if the alleged victim was taken away, the accused individual may want to dispute that it was for the purposes listed in the statute.
Statutory and case law interpretation can be powerful when fighting back against sex crime allegations. However, to do this competently requires knowledge of the law and how to utilize it to one’s advantage.
Source: Michigan Legislature, “Section 750.13,” accessed on Aug. 19, 2016