Note: Caselaw relevant to the definition of a word or phrase may follow the definition of those words and phrases in the glossary. Not every word or phrase defined in the glossary is accompanied by caselaw.
A
•For purposes of the MCL 750.145c, access is “to intentionally cause to be viewed by or transmitted to a person.” MCL 750.145c(1)(a).
•For purposes of the Sexual Assault Kit Evidence Submission Act, MCL 752.931 et seq., accredited laboratory means “a DNA laboratory that has received formal recognition that it meets or exceeds a list of standards, including the FBI director’s quality assurance standards, to perform specific tests, established by a nonprofit professional association of persons actively involved in forensic science that is nationally recognized within the forensic community in accordance with the provisions of the federal DNA identification act, 42 USC 14132, or subsequent laws.” MCL 752.932(a).
•For purposes of MCL 791.235, activities of daily living are “basic personal care and everyday activities as described in 42 CFR 441.505, including, but not limited to, tasks such as eating, toileting, grooming, dressing, bathing, and transferring from 1 physical position to another, including, but not limited to, moving from a reclining position to a sitting or standing position.” MCL 791.235(22)(a).
•For purposes of the Michigan Penal Code, Rape Chapter (MCL 750.520a et seq.), actor is “a person accused of criminal sexual conduct.” MCL 750.520a(a).
•For purposes of MCL 600.5805 and MCL 600.5851b, adjudication is “an adjudication of 1 or more offenses under . . . MCL 712A.1 to [MCL] 712A.32.” MCL 600.5805(16)(a); MCL 600.5851b(5)(a).
•For purposes of the Michigan Penal Code, Adultery Chapter (MCL 750.30–MCL 750.32), adultery is “the sexual intercourse of 2 persons, either of whom is married to a third person.” MCL 750.29.
•For purposes of this benchbook, affinity describes the relationships among individuals that arise from the marriage of specific individuals, e.g., a woman married to a man is related by affinity to her husband’s mother and father as a “daughter-in-law.” See People v Moss, 333 Mich App 515, 524-526 (2020), rev’d on other grounds People v Moss, 509 Mich 253, 257 n 1 (2022).
•For purposes of this benchbook, an affirmative defense is a defense “‘that admits the doing of the act charged, but seeks to justify, excuse, [or] mitigate it[.]’” People v Sorscher, 151 Mich App 122, 132 (1986), quoting 21 Am Jur 2d, Criminal Law, § 183, p 338.
•For purposes of MCL 750.411i, aggravated stalking is a stalking violation that “involves any of the following circumstances:
(a) At least 1 of the actions constituting the offense is in violation of a restraining order and the individual has received actual notice of that restraining order or at least 1 of the actions is in violation of an injunction or preliminary injunction.
(b) At least 1 of the actions constituting the offense is in violation of a condition of probation, a condition of parole, a condition of pretrial release, or a condition of release on bond pending appeal.
(c) The course of conduct includes the making of 1 or more credible threats against the victim, a member of the victim’s family, or another individual living in the same household as the victim.
(d) The individual has been previously convicted of a violation of this section or [MCL 750.411h].” MCL 750.411i(2).
•For purposes of MCL 768.37, alcoholic liquor “means that term as defined in . . . MCL 436.1105.” MCL 768.37(3)(a).
•For purposes of MCL 750.145c, appears to include a child is “that the depiction appears to include, or conveys the impression that it includes, a person who is less than 18 years of age, and the depiction meets either of the following conditions:
(i) It was created using a depiction of any part of an actual person under the age of 18.
(ii) It was not created using a depiction of any part of an actual person under the age of 18, but all of the following apply to that depiction:
(A) The average individual, applying contemporary community standards, would find the depiction, taken as a whole, appeals to the prurient interest.
(B) The reasonable person would find the depiction, taken as a whole, lacks serious literary, artistic, political, or scientific value.
(C) The depiction depicts or describes a listed sexual act in a patently offensive way.” MCL 750.145c(1)(b).
•For purposes of MCL 765.6b(6) and MCL 770.9a, and as relevant to the offenses discussed in this benchbook, assaultive crime is an offense against a person for any of the offenses listed in MCL 770.9a(3):
Stalking an individual under the age of 18 when the defendant is five or more years older than the victim, MCL 750.411h(2)(b).1
Aggravated stalking, MCL 750.411i,
CSC-I, MCL 750.520b,
CSC-II, MCL 750.520c,
CSC-III, MCL 750.520d,
CSC-IV, MCL 750.520e, or
Assault with intent to commit criminal sexual conduct, MCL 750.520g. MCL 770.9a(3); MCL 765.6b(6).
•For purposes of the Setting Aside Convictions Act (SACA), MCL 780.621 et seq., assaultive crime is any of the following:
(1) a violation of MCL 770.9a;
(2) a violation of MCL 750.81 to MCL 750.90g;
(3) a violation of MCL 750.110a, MCL 750.136b, MCL 750.234a, MCL 750.234b, MCL 750.234c, MCL 750.349b, MCL 750.411h(2)(a), or any other violent felony; or
(4) a violation of another state’s law or of the law of a political subdivision of this state or another state that substantially corresponds to a violation listed in MCL 780.621(4)(a)(i)-(iii). MCL 780.621(4)(a)(i)-(iv).
•For purposes of MCL 600.2163a, assaultive crime means that term as it is defined in MCL 770.9a. MCL 600.2163a(2)(b)(ii).
B
Bodily injury
•For purposes of the Michigan Penal Code, Human Trafficking (MCL 750.462a et seq.), bodily injury “means any physical injury.” MCL 750.462a(a).
C
•For purposes of this benchbook and MRE 608(a), there is a “distinction between credibility and character for truthfulness[.]” People v Lukity, 460 Mich 484, 490 (1999). “Character for truthfulness is a specific aspect of credibility.” Id. (emphasis added). “MRE 608(a) states that ‘credibility’ may be attacked or supported by opinion or reputation evidence” as long as the evidence admitted is limited to character for truthfulness or untruthfulness. Lukity, 460 Mich at 490; MRE 608(a). The admission of evidence in support of a witness’s credibility is allowed only if a party has attacked the witness’s character for truthfulness with opinion or reputation evidence. Lukity, 460 Mich at 490; MRE 608(a).
•For purposes of MCL 750.145c, child is “a person who is less than 18 years of age,[2] subject to the affirmative defense created in [MCL 750.145c(7)] regarding persons emancipated by operation of law.” MCL 750.145c(1)(c).
•For purposes of MCL 750.520b–MCL 750.520e, child care organization means that term as defined in MCL 722.111. See MCL 750.520b(1)(b)(vi); MCL 750.520c(1)(b)(vi); MCL 750.520d(1)(g); MCL 750.520e(1)(h). MCL 722.111(1)(b) defines that term as “a governmental or nongovernmental organization having as its principal function receiving minor children for care, maintenance, training, and supervision, notwithstanding that educational instruction may be given. Child care organization includes organizations commonly described as child caring institutions, child placing agencies, children’s camps, children's campsites, children’s therapeutic group homes, child care centers, day care centers, nursery schools, parent cooperative preschools, foster homes, group homes, or child care homes. Child care organization does not include a governmental or nongovernmental organization that does either of the following:
(i) Provides care exclusively to minors who have been emancipated by court order under [MCL 722.4(3)].
(ii) Provides care exclusively to persons who are 18 years of age or older and to minors who have been emancipated by court order under [MCL 722.4(3)], at the same location.”3
Child sexually abusive activity
•For purposes of MCL 750.145c, child sexually abusive activity is “a child engaging in a listed sexual act.” MCL 750.145c(1)(n).
Child sexually abusive material
•For purposes of MCL 750.145c, child sexually abusive material is “any depiction, whether made or produced by electronic, mechanical, or other means, including a developed or undeveloped photograph, picture, film, slide, video, electronic visual image, computer diskette, computer or computer-generated image, or picture, or sound recording which is of a child or appears to include a child engaging in a listed sexual act; a book, magazine, computer, computer storage device, or other visual or print or printable medium containing such a photograph, picture, film, slide, video, electronic visual image, computer, or computer-generated image, or picture, or sound recording; or any reproduction, copy, or print of such a photograph, picture, film, slide, video, electronic visual image, book, magazine, computer, or computer-generated image, or picture, other visual or print or printable medium, or sound recording.” MCL 750.145c(1)(o).
Caselaw discussion of child sexually abusive material: electronic visual image. “‘Electronic visual image’ is not defined in [MCL 750.145c(1)]; however, . . . the definition of image includes a ‘physical likeness or representation of a person, animal, or thing, photographed, painted, sculptured, or otherwise made visible.’” People v Riggs, 237 Mich App 584, 590 (1999). MCL 750.145c(1) “does not require that the children actually be engaging in sexual activity at the time the activity is memorialized on tape. Rather, the statute prohibits the making of a visual image that is a likeness or representation of a child engaging in on of the listed sexual acts.” Riggs, 237 Mich App at 590-591.
• For purposes of the Child Protection Law, MCL 722.621 et seq., member of the clergy is “a priest, minister, rabbi, Christian science practitioner, spiritual leader, or other religious practitioner, or similar functionary of a church, temple, spiritual community, or recognized religious body, denomination, or organization.” MCL 722.622(z).
•For purposes of the Michigan Penal Code, Human Trafficking (MCL 750.462a et seq.), coercion includes, but is not limited to any of the following:
“(i) Threatening to harm or physically restrain any individual or the creation of any scheme, plan, or pattern intended to cause an individual to believe that failure to perform an act would result in psychological, reputational, or financial harm to, or physical restraint of, any individual.
(ii) Abusing or threatening abuse of the legal system, including threats of arrest or deportation without regard to whether the individual being threatened is subject to arrest or deportation under the laws of this state or the United States.
(iii) Knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document or any other actual or purported government identification document from any individual without regard to whether the documents are fraudulent or fraudulently obtained.
(iv) Facilitating or controlling an individual’s access to a controlled substance, as that term is defined in . . . the public health code, 1978 PA 368, MCL 333.7104, other than for a legitimate medical purpose.” MCL 750.462a(b).”
Commercial film or photographic print processor
•For purposes of MCL 750.145c, commercial film or photographic print processor is “a person or his or her employee who, for compensation, develops exposed photographic film into movie films, negatives, slides, or prints; makes prints from negatives or slides; or duplicates movie films or videotapes.” MCL 750.145c(1)(d).
•For purposes of the Michigan Penal Code, Human Trafficking (MCL 750.462a et seq.), commercial sexual activity “means 1 or more of the following for which anything of value is given or received by any person:
(i) An act of sexual penetration or sexual contact as those terms are defined in [MCL 750.]520a.
(ii) Any conduct prohibited under [MCL 750.145c].4
(iii) Any sexually explicit performance as that term is defined in . . .MCL 722.673.” MCL 750.462a(c).
•For purposes of the Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors, Part I Sexually Explicit Matter (MCL 722.671 et seq.), computer is “any connected, directly interoperable or interactive device, equipment, or facility that uses a computer program or other instructions to perform specific operations including logical, arithmetic, or memory functions with or on computer data or a computer program and that can store, retrieve, alter, or communicate the results of the operations to a person, computer program, computer, computer system, or computer network.” MCL 722.673(a).
•For purposes of MCL 750.145d, computer “means any connected, directly interoperable or interactive device, equipment, or facility that uses a computer program or other instructions to perform specific operations including logical, arithmetic, or memory functions with or on computer data or a computer program and that can store, retrieve, alter, or communicate the results of the operations to a person, computer program, computer, computer system, or computer network. Computer includes a computer game device or a cellular telephone, personal digital assistant (PDA), or other handheld device.” MCL 750.145d(9)(a).
•For purposes of the Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors, Part I Sexually Explicit Matter (MCL 722.671 et seq.) and MCL 750.145d, computer network is “the interconnection of hardwire or wireless communication lines with a computer through remote terminals, or a complex consisting of 2 or more interconnected computers.” MCL 722.673(b); MCL 750.145d(9)(b).
•For purposes of the Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors, Part I Sexually Explicit Matter (MCL 722.671 et seq.) and MCL 750.145d, computer is “a series of internal or external instructions communicated in a form acceptable to a computer that directs the functioning of a computer, computer system, or computer network in a manner designed to provide or produce products or results from the computer, computer system, or computer network.” MCL 722.673(c); MCL 750.145d(9)(c).
•For purposes of the Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors, Part I Sexually Explicit Matter (MCL 722.671 et seq.) and MCL 750.145d, computer system is “a set of related, connected or unconnected, computer equipment, device, software, or hardware.” MCL 722.673(d); MCL 750.145d(9)(d).
•For purposes of MCL 750.145c, computer technician is “a person who installs, maintains, troubleshoots, upgrades, or repairs computer hardware, software, personal computer networks, or peripheral equipment.” MCL 750.145c(1)(e).
•For purposes of MCL 600.2157a, confidential communication is “information transmitted between a victim and a sexual assault or domestic violence counselor, or between a victim or sexual assault or domestic violence counselor and any other person to whom disclosure is reasonably necessary to further the interests of the victim, in connection with the rendering of advice, counseling, or other assistance by the sexual assault or domestic violence counselor to the victim.” MCL 600.2157a(1)(a).
•For purposes of MCL 768.37, consumed “means to have eaten, drunk, ingested, inhaled, injected, or topically applied, or to have performed any combination of those actions, or otherwise introduced into the body.” MCL 768.37(3)(b).
Contemporary community standards
•For purposes of MCL 750.145c, contemporary community standards is “the customary limits of candor and decency in this state at or near the time of the alleged violation of this section.” MCL 750.145c(1)(f).
•For purposes of MCL 768.37, controlled substance “means that term as defined in . . . MCL 333.7104.” MCL 768.37(3)(c). MCL 333.7104(3) defines controlled substance as “a drug, substance, or immediate precursor included in schedules 1 to 5 of part 72 [MCL 333.7211 to MCL 333.7220].”
•For purposes of MCL 600.2950a, convicted “means 1 of the following:
(i) The subject of a judgment of conviction or a probation order entered in a court that has jurisdiction over criminal offenses, including a tribal court or a military court.
(ii) Assigned to youthful trainee status under . . . MCL 762.11 to [MCL] 762.15, if the individual’s status of youthful trainee is revoked and an adjudication of guilt is entered.
(iii) The subject of an order of disposition entered under . . . MCL 712A.18, that is open to the general public under . . . MCL 712A.28.”
(iv) The subject of an order of disposition or other adjudication in a juvenile matter in another state or country.” MCL 600.2950a(31)(a).
•For purposes of the Sex Offenders Registration Act, MCL 28.721 et seq., convicted is one of the following:
“(i) Having a judgment of conviction or a probation order entered in any court having jurisdiction over criminal offenses, including, but not limited to, a tribal court or a military court. Convicted does not include a conviction that was subsequently set aside under [MCL 780.621 to MCL 780.624], or otherwise expunged.
(ii) Except as otherwise provided in this subparagraph, being assigned to youthful trainee status under [MCL 762.11 to MCL 762.15], before October 1, 2004. An individual who is assigned to and successfully completes a term of supervision under [MCL 762.11 to MCL 762.15], is not convicted for purposes of this act. This subparagraph does not apply if a petition was granted under section 8c at any time allowing the individual to discontinue registration under this act, including a reduced registration period that extends to or past July 1, 2011, regardless of the tier designation that would apply on and after that date.
(iii) Having an order of disposition entered under [MCL 712A.18], that is open to the general public under [MCL 712A.28], if both of the following apply:
(A) The individual was 14 years of age or older at the time of the offense.
(B) The order of disposition is for the commission of an offense that would classify the individual as a tier III offender.
(iv) Having an order of disposition or other adjudication in a juvenile matter in another state or country if both of the following apply:
(A) The individual is 14 years of age or older at the time of the offense.
(B) The order of disposition or other adjudication is for the commission of an offense that would classify the individual as a tier III offender.” MCL 28.722(a).
•For purposes of MCL 600.2163a, courtroom support dog is “a dog that has been trained and evaluated as a support dog pursuant to the Assistance Dogs International Standards for guide or service work and that is repurposed and appropriate for providing emotional support to children and adults within the court or legal system or that has performed the duties of a courtroom support dog prior to September 27, 2018.” MCL 600.2163a(1)(a).
•For purposes of this benchbook and MRE 608(a), credibility means “‘[w]orthiness of belief; that quality in a witness which renders his evidence worthy of belief.’” People v Lukity, 460 Mich 484, 490 (1999) (alteration in original), quoting Black’s Law Dictionary (6th ed). Credibility and character for truthfulness “are not synonymous; rather “character for truthfulness is a specific aspect of credibility.” Lukity, 460 Mich at 490 (emphasis added). “MRE 608(a) states that ‘credibility’ may be attacked or supported by opinion or reputation evidence” as long as the evidence admitted is limited to character for truthfulness or untruthfulness. Lukity, 460 Mich at 490; MRE 608(a). The admission of evidence in support of a witness’s credibility is allowed only if a party has attacked the witness’s character for truthfulness with opinion or reputation evidence. Lukity, 460 Mich at 490; MRE 608(a). Specifically, MRE 608(a) states:
“A witness’s credibility may be attacked or supported by testimony about the witness’s reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character. But evidence of truthful character is admissible only after the witness’s character for truthfulness has been attacked.”
•For purposes of the Crime Victim’s Rights Act, Article 1 and MCL 780.811(1)(a)(xxiii), crime “means a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law as a felony.” MCL 780.752(1)(b); MCL 780.811(1)(a)(xxiii).
•For purposes of MCL 600.5805 and MCL 600.5851b, criminal sexual conduct is “conduct prohibited under . . . MCL 750.520b, [MCL 750.520c, MCL 750.520d, MCL 750.520e, or MCL 750.520g].” MCL 600.5805(16)(b); MCL 600.5851b(5)(b).
D
•For purposes of MCL 780.621b, dangerous weapon is “defined in . . . MCL 750.110a.” MCL 780.621b(2). MCL 750.110a, defines dangerous weapon as “1 or more of the following:
(i) A loaded or unloaded firearm, whether operable or inoperable.
(ii) A knife, stabbing instrument, brass knuckles, blackjack, club, or other object specifically designed or customarily carried or possessed for use as a weapon.
(iii) An object that is likely to cause death or bodily injury when used as a weapon and that is used as a weapon or carried or possessed for use as a weapon.
(iv) An object or device that is used or fashioned in a manner to lead a person to believe the object or device is an object or device described in subparagraphs (i) to (iii).” MCL 750.110a(1)(b).
•For purposes of the Michigan Penal Code, Human Trafficking (MCL 750.462a et seq.), debt bondage “includes, but is not limited to, the status or condition of a debt arising from a pledge by the debtor of his or her personal services or those of an individual under his or her control as a security for a debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not specifically limited and defined.” MCL 750.462a(d).
•For purposes of MCL 333.7401b, deliver is “the actual, constructive, or attempted transfer from 1 person to another of gamma-butyrolactone or any material, compound, mixture, or preparation containing gamma-butyrolactone, whether or not there is an agency relationship.” MCL 333.7401b(4)(b).
•For purposes of Article 5 of the Public Health Code (MCL 333.5101 et seq.), department is “the department of health and human services.” MCL 333.1104(5).
•For purposes of the Sexual Assault Kit Evidence Submission Act, department “means the department of state police, including its forensic science division.” MCL 752.932(c).
•For purposes of the Sex Offenders Registration Act (SORA), department “means the department of state police.” MCL 28.722(c).
•For purposes of the Michigan Penal Code, Rape Chapter (MCL 750.520a et seq.), developmental disability is “an impairment of general intellectual functioning or adaptive behavior that meets all of the following criteria:
(i) It originated before the person became 18 years of age.[5]
(ii) It has continued since its origination or can be expected to continue indefinitely.
(iii) It constitutes a substantial burden to the impaired person’s ability to perform in society.
(iv) It is attributable to 1 or more of the following:
(A) Intellectual disability, cerebral palsy, epilepsy, or autism.
(B) Any other condition of a person that produces a similar impairment or requires treatment and services similar to those required for a person described in this subdivision.” MCL 750.520a(b).
•For purposes of MCL 600.2163a, developmental disability “means that term as defined in . . . MCL 330.1100a, except that, for the purposes of implementing [MCL 600.2163a], developmental disability includes only a condition that is attributable to a mental impairment or to a combination of mental and physical impairments and does not include a condition attributable to a physical impairment unaccompanied by a mental impairment.” MCL 600.2163a(1)(c). MCL 330.1100a(27) defines developmental disability as either of the following:
“(a) If applied to an individual older than 5 years of age, a severe, chronic condition that meets all of the following requirements:
(i) Is attributable to a mental or physical impairment or a combination of mental and physical impairments.
(ii) Is manifested before the individual is 22 years old.
(iii) Is likely to continue indefinitely.
(iv) Results in substantial functional limitations in 3 or more of the following areas of major life activity:
(A) Self-care.
(B) Receptive and expressive language.
(C) Learning.
(D) Mobility.
(E) Self-direction.
(F) Capacity for independent living.
(G) Economic self-sufficiency.
(v) Reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated.
(b) If applied to a minor from birth to 5 years of age, a substantial developmental delay or a specific congenital or acquired condition with a high probability of resulting in developmental disability as defined in subdivision (a) if services are not provided.” MCL 330.1100a(27).
•For purposes of MCL 750.145e, disseminate “means post, distribute, or publish on a computer device, computer network, website, or other electronic device or medium of communication.” MCL 750.145e(5)(a).
•For purposes of MCL 767.24, DNA is “human deoxyribonucleic acid.” MCL 767.24(5)(a).
•For purposes of MCL 750.520m, DNA identification profile means that term as defined in MCL 28.172. MCL 750.520m(9)(a). MCL 28.172(c) defines that term as “the results of the DNA identification profiling of a sample, including a paper, electronic, or digital record.”
•For purposes of MCL 750.520m, DNA identification profiling means that term as defined in MCL 28.172. MCL 750.520m(9)(a). MCL 28.172(d) defines that term as “a validated scientific method of analyzing components of deoxyribonucleic acid molecules in a biological specimen to determine a match or a nonmatch between a reference sample and an evidentiary sample.”
Domestic or sexual violence service provider agency
•For purposes of MCL 776.21b, domestic or sexual violence service provider agency “means an agency that receives funding from the [Department of Health and Human Services] division of victim services to provide confidential supportive services to victims of domestic or sexual violence, receives a federal grant through the United States Department of Justice to provide confidential supportive services to victims of domestic or sexual violence, or is associated with an Indian tribe and is providing confidential supportive services to victims of domestic or sexual violence. MCL 776.21b(4)(b).
•For purposes of the Domestic and Sexual Violence Act, MCL 400.1501 et seq., MCL 600.2157a, and MCL 780.621, domestic violence “means the occurrence of any of the following acts by an individual that is not an act of self-defense:
“(i) Causing or attempting to cause physical or mental harm to a family or household member.
(ii) Placing a family or household member in fear of physical or mental harm.
(iii) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.
(iv) Engaging in activity toward a family or household member that would cause a reasonable individual to feel terrorized, frightened, intimidated, threatened, harassed, or molested.” MCL 400.1501(d); MCL 600.2157a(1)(b); MCL 780.621(4)(b).
•For purposes of MCL 768.27b and MCL 768.27c, domestic violence or offense involving domestic violence is “an occurrence of 1 or more of the following acts by a person that is not an act of self-defense:
(i) Causing or attempting to cause physical or mental harm to a family or household member.
(ii) Placing a family or household member in fear of physical or mental harm.
(iii) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.
(iv) Engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.” MCL 768.27b(6)(a); MCL 768.27c(5)(b).
E
•For purposes of the Michigan Penal Code, Rape Chapter (MCL 750.520a et seq.), electronic monitoring is that term as defined in MCL 791.285. See MCL 750.520a(c). MCL 791.285(3) defines that term as “a device by which, through global positioning system satellite or other means, an individual’s movement and location are tracked and recorded.”Electronic monitoring device
•For purposes of MCL 765.6b(6), electronic monitoring device is “any electronic device or instrument that is used to track the location of an individual or to monitor an individual’s blood alcohol content, but does not include any technology that is implanted or violates the corporeal body of the individual.” MCL 765.6b(6)(c).
•For purposes of the Holmes Youthful Trainee Act (MCL 762.11 to MCL 762.16), electronic monitoring device “includes any electronic device or instrument that is used to track the location of an individual, enforce a curfew, or detect the presence of alcohol in an individual’s body.” MCL 762.13(8).
•For purposes of MCL 28.727(1)(f), MCL 28.728(1)(f), and MCL 28.728(2)(d), employer “includes a contractor and any individual who has agreed to hire or contract with the individual for his or her services. Information under this subsection must include the address or location of employment if different from the address of the employer.” MCL 28.727(1)(f); MCL 28.728(1)(f); MCL 28.728(2)(d). For purposes of MCL 28.727(1)(f), “[i]f the individual lacks a fixed employment location, the information obtained under this subdivision must include the general areas where the individual works and the normal travel routes taken by the individual in the course of his or her employment.” MCL 28.727(1)(f).
•As used in MCL 750.455, encourage “indicates a less active role [that] falls short of persuading.” People v Springs, 101 Mich App 118, 127 (1980). Persuade, used with induce, inveigle, and entice in MCL 750.455, “all imply an active leading to a particular action.” Springs, 101 Mich App at 127.
•For purposes of MCL 750.159f et seq., enterprise “includes an individual, sole proprietorship, partnership, corporation, limited liability company, trust, union, association, governmental unit, or other legal entity or a group of persons associated in fact although not a legal entity[ and] illicit as well as licit enterprises.” MCL 750.159f(a).
•As used in MCL 750.455, induce, inveigle, persuade, and entice“ all imply an active leading to a particular action.” People v Springs, 101 Mich App 118, 127 (1980).
•For purposes of the Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors, Part I Sexually Explicit Matter (MCL 722.671 et seq.), erotic fondling is “touching a person’s clothed or unclothed genitals, pubic area, buttocks, or, if the person is female, breasts, for the purpose of sexual gratification or stimulation.” MCL 722.672(c).
•For purposes of MCL 750.145c, erotic fondling is “touching a person’s clothed or unclothed genitals, pubic area, buttocks, or, if the person is female, breasts, or if the person is a child, the developing or undeveloped breast area, for the purpose of real or simulated overt sexual gratification or stimulation of 1 or more of the persons involved. Erotic fondling does not include physical contact, even if affectionate, that is not for the purpose of real or simulated overt sexual gratification or stimulation of 1 or more of the persons involved.” MCL 750.145c(1)(g).
•For purposes of MCL 750.145c, erotic nudity is “the lascivious exhibition of the genital, pubic, or rectal area of any person. As used in this subdivision, ‘lascivious’ means wanton, lewd, and lustful and tending to produce voluptuous or lewd emotions.” MCL 750.145c(1)(h).
Caselaw discussion of erotic nudity: MCL 750.145c(1)’s “definition of erotic nudity does not violate the First Amendment[ of the United States Constitution]. The definition is narrowly drawn so that there is no infringement upon protected forms of free speech.” People v Riggs, 237 Mich App 584, 595 (1999).
•For purposes of the Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors, Part I Sexually Explicit Matter (MCL 722.671 et seq.), exhibit is “to do 1 or more of the following:
(i) Present a performance.
(ii) Sell, give, or offer to agree to sell or give a ticket to a performance.
(iii) Admit a minor to premises where a performance is being presented or is about to be presented.” MCL 722.671(c).
•For purposes of Subchapter 3.700 of the Michigan Court Rules and unless the context indicates otherwise, existing action “means an action in this court or any other court in which both the petitioner and the respondent are parties; existing actions include, but are not limited to, pending and completed domestic relations actions, criminal actions, other actions for personal protection orders.” MCR 3.702(5).
F
•For purposes of MCL 768.27b and MCL 768.27c, family or household member “means any of the following:
(i) A spouse or former spouse.
(ii) An individual with whom the person resides or has resided.
(iii) An individual with whom the person has or has had a child in common.
(iv) An individual with whom the person has or has had a dating relationship. As used in this subparagraph, ‘dating relationship’ means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.” MCL 768.27b(6)(b); MCL 768.27c(6)(c).
•For purposes of the Domestic and Sexual Violence Act, MCL 400.1501 et seq., family or household member “includes any of the following:
(i) A spouse or former spouse.
(ii) An individual with whom the person resides or has resided.
(iii) An individual with whom the person has or has had a dating relationship.
(iv) An individual with whom the person is or has engaged in a sexual relationship.
(v) An individual to whom the person is related or was formerly related by marriage.
(vi) An individual with whom the person has a child in common.
(vii) The minor child of an individual described in subparagraphs (i) to (vi).” MCL 400.1501(e).
•For purposes of MCL 750.520m, felony is “a violation of a penal law of this state for which the offender may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.” MCL 750.520m(9)(c).
•For purposes of the Code of Criminal Procedure, MCL 761.1 et seq., and the Sex Offenders Registration Act (SORA), a felony is “a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.” MCL 761.1(f); MCL 28.722(e).
•For purposes of MCL 28.172(e), felony is “a violation of a penal law of this state for which the offender may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.” MCL 28.172(e).
•For purposes of the Setting Aside Convictions Act (SACA), MCL 780.621 et seq., felony is “either of the following, as applicable:
(i) For purposes of the offense to be set aside, felony means a violation of a penal law of this state that is punishable by imprisonment for more than 1 year or that is designated by law to be a felony.
(ii) For purposes of identifying a prior offense, felony means a violation of a penal law of this state, of another state, or of the United States that is punishable by imprisonment for more than 1 year or is designated by law to be a felony.” MCL 780.621(4)(c).
•For purposes of the Michigan Penal Code, Human Trafficking (MCL 750.462a et seq.), financial harm means criminal usury (MCL 438.41),6 extortion, employment contracts in violation of the wage and benefit provisions in MCL 408.471 to MCL 408.490, or any other adverse financial consequence. MCL 750.462a(e)(i)-(v).
•For purposes of the Michigan Penal Code, Human Trafficking (MCL 750.462a et seq.), force “includes, but is not limited to, physical violence or threat of physical violence or actual physical restraint or confinement or threat of actual physical restraint or confinement without regard to whether injury occurs.”MCL 750.462a(f).
•For purposes of the Michigan Penal Code, Human Trafficking (MCL 750.462a et seq.), forced labor or services “means labor or services that are obtained or maintained by force, fraud, or coercion.” MCL 750.462a(g).
•For purposes of MCL 750.520b–MCL 750.520e, force or coercion means that term as defined in MCL 750.520b(1)(f). See MCL 750.520b(1)(f); MCL 750.520c(1)(d)(ii); MCL 750.520c(1)(f); MCL 750.520d(1)(b); People v Green, 313 Mich App 526, 538 (2015) (extending the definition in MCL 750.520b to MCL 750.520e). Under MCL 750.520b(1)(f) that term “includes, but is not limited to, any of the following circumstances:
(i) When the actor overcomes the victim through the actual application of physical force or physical violence.
[Note: “[T]he act of pinching is an act of physical force because it requires a person to exert strength or power on another person” and may “satisf[y] the force element of [MCL 750.520b(1)(f)(i).] People v Premo, 213 Mich App 406, 409 (1995).]
(ii) When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute these threats.
(iii) When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute this threat. As used in this subdivision, ‘to retaliate’ includes threats of physical punishment, kidnapping, or extortion.
(iv) When the actor engages in the medical treatment or examination of the victim in a manner or for purposes that are medically recognized as unethical or unacceptable.
[Note: “‘[M]edical treatment’ under the criminal sexual conduct statute should be read broadly to include forms of health care beyond just those practiced by medical doctors.” People v Regts, 219 Mich App 294, 296-298 (1996) (the term applies to health care practiced psychologists even though they are not “medical doctors”). See also People v Alter, 255 Mich App 194, 202-203 (2003) (“the coercion element was satisfied because defendant, as the victim’s therapist, engaged in sexual contact with the victim through the use of an unethical or unacceptable manner of treatment” when “defendant unbuttoned [the victim’s] blouse, . . . fondl[ed] her breasts, [and] . . . placed her hand on his penis” without the victim’s permission during their therapy session).
“[I]t is common knowledge that penile penetration constitutes an unethical and unacceptable method of ‘medical treatment.’” People v Baisden, 482 Mich 1000, 1000 (2008) (“overrul[ing] People v Capriccioso, 207 Mich App 100, 105 (1994), and People v Thangavelu, 96 Mich App 442, 450 (1980), to the extent that they hold that medical testimony is required in all prosecutions under MCL 750.520b(1)(f)(iv)[, and] . . . to the extent that they limit the application of the statute to situations in which the medical examination or treatment is used as a pretext to secure a patient’s consent to sexual conduct”; “[t]he statute also applies to situations where nonconsensual sexual conduct is perpetrated during or in the context of medical treatment or examination”).]
(v) When the actor, through concealment or by the element of surprise, is able to overcome the victim.”
Note: Although “the term ‘concealment’ is not defined in [MCL 750.520b(1)(f)], . . . [t]he Random House College Dictionary (1995) defines ‘conceal’ as ‘to hide; cover or keep from sight; to keep secret; avoid disclosing or divulging.’” People v Crippen, 242 Mich App 278, 283-284 (2000) (“evidence that defendant disguised himself, and took advantage of the complainant’s misidentification of him as her fiancé to induce her to submit to his sexual advances was sufficient to establish the requisite coercion by concealment or surprise”).
For purposes of MCL 750.520b(1)(f)(v), the element of surprise may be met where defendant has permission to engage in one sexual act but surprises the victim by engaging in another unconsented sexual act. People v Phelps, 288 Mich App 123, 133 (2010) (“The evidence showed force or coercion through the element of surprise” where the victim “consented only to digital penetration, and she testified that she was surprised when [the defendant] penetrated her vagina with his penis.”), overruled on other grounds by People v Hardy, 494 Mich 430, 438 n 18 (2013).7
Caselaw discussion of force or coercion: “Michigan case law has consistently held that ‘force or coercion’ is not limited to the examples listed in [MCL 750.520b(1)(f)] and that each case must be examined on its own facts.” People v Crippen, 242 Mich App 278, 283 n 2 (2000). “[T]he existence of force or coercion is to be determined in light of all the circumstances and is not limited to acts of physical violence. Coercion ‘may be actual, direct, or positive, as where physical force is used to compel act against one’s will, or implied, legal or constructive, as where one party is constrained by subjugation to other to do what his free will would refuse,’” and “[t]he definition of the term ‘force’ includes, among other things, ‘strength or power exerted upon an object.’” People v Premo, 213 Mich App 406, 419-411 (1996) (internal citations omitted). See also People v Brown, 197 Mich App 448, 450 (1992) (defendant used force or coercion on the victim despite his assertion that he did not know that the victim had been kidnapped and raped by her kidnapper and by other men in the house”; his assertion was “not sufficient to negate the fact that he forced himself upon her in a situation where her lack of consent and physical helplessness were clear”). “[T]he ‘force’ contemplated in MCL 750.520d(1)(b) does not mean ‘force’ as a matter of mere physics, i.e., the physical interaction that would be inherent in an act of sexual penetration, nor . . . does it follow that force must be so great as to overcome the complainant. It must be force to allow the accomplishment of sexual penetration when absent that force the penetration would not have occurred. . . . [T]he prohibited ‘force’ encompasses the use of force against a victim to either induce the victim to submit to sexual penetration or to seize control of the victim in a manner to facilitate the accomplishment of sexual penetration without regard to the victim’s wishes.” People v Carlson, 466 Mich 130, 140 (2002).
A victim’s reasonable belief. Force or coercion may exist where “a defendant’s conduct induces a victim to reasonably believe that the victim has no practical choice because of a history of child sexual abuse or for some other similarly valid reason.” People v Eisen, 296 Mich App 326, 334-335 (2012) (although the victim was not explicitly threatened, the jury could reasonably conclude she felt forced to comply where there was a long history of the defendant sexually abusing her and making her comply with his sexual demands and where she testified to believing “the sexual conduct would ‘happen whether [she] wanted it or not’”).
Reasonable fear of dangerous consequences. “[A] finding of force or coercion may be based upon a showing that the defendant’s actions were sufficient to create a reasonable fear of dangerous consequences.” People v Cowley, 174 Mich App 76, 77-78, 81 (1989) (although “defendant did not threaten [the victim] in any way and she could have [walked] around defendant,” defendant frightened the victim by stepping in front of her, blocking her path, grabbing her breast, and then grabbing her arm when she turned to walk away, and “defendant’s blocking the victim’s path while putting her in fear could constitute the element of force and coercion because the victim’s fear was arguably a reasonable fear of dangerous consequences”); People v McGill, 131 Mich App 465, 472, 474 (1984) (“while defendant did not use actual violence or verbally threaten the [13-year-old] complainant with violence,” there was sufficient evidence of coercion where the older and presumably stronger defendant “took the complainant to a state park far from her home” where she knew no one, “repeatedly and intimately touched the complainant despite her continued requests and orders to defendant to remove his hands from her, “and testified that she was frightened”; “[g]iven the totality of the circumstances, it could certainly be inferred that a coercive atmosphere existed and that defendant knew, or should have known, that his actions were coercive to a child”). Noting that “the type of conduct described in the [McGill] case will [not] always satisfy the ‘force or coercion’ element. Were the victim older or had the undesired touching occurred in a place from which the victim could easily leave or from which she could summon help, a fear of dangerous consequences might not be deemed reasonable and an atmosphere of coercion might not exist. Each case must be examined on its own facts to determine whether force or coercion is indeed present.” McGill, 131 Mich App at 474-475.
Defendant is in position of authority over victim. A victim is in a position of special vulnerability and subjugation where the defendant is in a position of authority over the victim. People v Premo, 213 Mich App 406, 419-411 (1996) (A high school teacher’s conduct of pinching students’ butts on school property was “unprofessional, irresponsible and an abuse of his authority as a teacher . . . [and] sufficient to constitute coercion under [MCL 750.520b(1)(f)].”); People v Reid, 233 Mich App 457, 471 (1999) (complainant, “‘constrained by subjugation,’ . . . and, thus, coerced into submitting to the[] acts of sexual penetration” by defendant’s use of authority over the complainant where defendant, counseling complainant, used the counseling relationship “to place the complainant in a confused and disoriented condition and then [take] advantage of the complainant's condition to perform fellatio on the complainant and to instruct successfully the complainant to perform fellatio on him”); People v Knapp, 244 Mich App 361, 369, 371, 373 (2001) (“defendant abuse[d] his position of authority to constrain a vulnerable victim by subjugation to submit to sexual contact” where defendant, a master reiki teacher and practitioner, “took advantage of complainant’s mother’s extreme naiveté and complainant’s extreme vulnerability and manipulated his own role as a teacher to convince the [complainant, a 14 year old] boy, that naked, genital touching was part of the class curriculum”); People v Green (Gabriel), 313 Mich App 526, 539, 541, 543-544 (2015) (“the complainants were ‘“in a position of special vulnerability with respect to the defendant[]”’” where “defendant’s initial contacts with the complainants . . . were the result of his position as the CPS worker assigned to investigate the abuse or neglect complaints filed in their respective cases[, and] . . . both complainants testified that they only ‘consented’ to the sexual contact or acts because of their fear that defendant would otherwise take their children away”).
•For purposes of the MCL 750.520b–MCL 750.520e, foster family home is that term as defined in MCL 722.111. See MCL 750.520b(1)(b)(vi); MCL 750.520c(1)(b)(vi); MCL 750.520d(1)(g); MCL 750.520e(1)(h). MCL 722.111(p)(i) defines foster family home as “the private home of an individual who is licensed to provide 24-hour care for 1 but not more than 4 minor children who are placed away from their parent, legal guardian, or legal custodian in foster care. The licensed individual providing care is required to comply with the reasonable and prudent parenting standard as defined in . . . MCL 712A.1.”
•For purposes of the Criminal Sexual Conduct Act, MCL 750.520b–MCL 750.520e, foster family group home is that term as defined in MCL 722.111. See MCL 750.520b(1)(b)(vi); MCL 750.520c(1)(b)(vi); MCL 750.520d(1)(g); MCL 750.520e(1)(h). MCL 722.111(p)(ii)defines that term as “the private home of an individual who has been licensed by the department to provide 24-hour care for more than 4 but fewer than 7 minor children who are placed away from their parent, legal guardian, or legal custodian in foster care. The licensed individual providing care is required to comply with the reasonable and prudent parenting standard as defined in . . . MCL 712A.1”
•For purposes of the Michigan Penal Code, Human Trafficking (MCL 750.462a et seq.), fraud “includes, but is not limited to, a false or deceptive offer of employment or marriage.” MCL 750.462a(h).
H
•For purposes of the Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors, Part I Sexually Explicit Matter (MCL 722.671 et seq.), harmful to minors is “sexually explicit matter that meets all of the following criteria:
(i) Considered as a whole, it appeals to the prurient interest of minors as determined by contemporary local community standards.
(ii) It is patently offensive to contemporary local community standards of adults as to what is suitable for minors.
(iii) Considered as a whole, it lacks serious literary, artistic, political, educational, and scientific value for minors.” MCL 722.674(a).
•For purposes of the Sexual Assault Kit Evidence Submission Act, MCL 752.931 et seq., health care facility “includes a hospital, clinic, or urgent care center that is regulated under the public health code, . . . MCL 333.1101 to [MCL] 333.25211, and any other facility that is authorized to provide sexual assault medical forensic exams under that act.” MCL 752.932(d).
•For purposes of MCL 18.355a, health care provider is “any of the following:
(i) A health professional licensed or registered under . . . MCL 333.16101 to [MCL] 333.18838.
(ii) A health facility or agency licensed under . . . MCL 333.20101 to [MCL] 333.22260.
(iii) A local health department as that term is defined in . . . MCL 333.1105.” MCL 18.355a(11)(a).
•For purposes of MRE 801–MRE 807, hearsay is “a statement that:
(1) the declarant does not make while testifying at the current trial or hearing; and
(2) a party offers in evidence to prove the truth of the matter asserted in the statement.” MRE 801(c).
•A human trafficking violation is any violation of MCL 750.459, or MCL 750.462b to MCL 750.462e.
•For purposes of the Setting Aside Convictions Act (SACA), MCL 780.621 et seq., human trafficking violation is “a violation of . . . MCL 750.462a to [MCL] 750.462h, or of former [MCL 750.462i] or [MCL 750.462j].” MCL 780.621(4)(e).
I
•For purposes of MCL 767.24(3)-(4), identified means “the individual’s legal name is known and he or she has been determined to be the source of the DNA.” MCL 767.24(5)(b). For purposes of MCL 767.24(6)(b), identified means “the individual’s legal name is known.” MCL 767.24(6)(b).
•For purposes of the Sex Offenders Registration Act, MCL 28.721 et seq., indigent is “an individual fitting to whom 1 or more of the following apply:
(i) The individual has been found by a court to be indigent within the last 6 months.
(ii) The individual qualifies for and receives assistance from the department of health and human services food assistance program.
(iii) The individual demonstrates an annual income below the current federal poverty guidelines.” MCL 28.722(f).
•As used in MCL 750.455, induce, inveigle, persuade, and entice “all imply an active leading to a particular action.” People v Springs, 101 Mich App 118, 127 (1980).
•For purposes of the Revised Judicature Act, Limitations of Actions Chapter (MCL 600.5801 et seq.), insane is “a condition of mental derangement such as to prevent the sufferer from comprehending rights he or she is otherwise bound to know and is not dependent on whether or not the person has been judicially declared to be insane.” MCL 600.5851(2).
•For purposes of the Michigan Penal Code, Rape Chapter (MCL 750.520a et seq.), intellectual disability is that term as defined in MCL 330.1100b. MCL 750.520a(d). MCL 330.1100b(13) defines that term as “a condition manifesting before the age of 18 years[8] that is characterized by significantly subaverage intellectual functioning and related limitations in 2 or more adaptive skills and that is diagnosed based on the following assumptions:
(a) Valid assessment considers cultural and linguistic diversity, as well as differences in communication and behavioral factors.
(b) The existence of limitation in adaptive skills occurs within the context of community environments typical of the individual’s age peers and is indexed to the individual’s particular needs for support.
(c) Specific adaptive skill limitations often coexist with strengths in other adaptive skills or other personal capabilities.
(d) With appropriate supports over a sustained period, the life functioning of the individual with an intellectual disability will generally improve.”
•For purposes of the Michigan Penal Code, Rape Chapter (MCL 750.520a et seq.), intermediate school district is “a corporate body established under part 7 of the revised school code, . . . MCL 380.601 to [MCL] 380.705.” MCL 750.520a(e).
•For purposes of MCL 750.145d, internet “means that term as defined in . . . 47 USC 230.” MCL 750.145d(9)(f). 47 USC 230(f)(1) defines internet as “the international computer network of both Federal and non-Federal interoperable packet switched data networks.”
•For purposes of the Sex Offenders Registration Act, MCL 28.721 et seq., internet identifier “means all designations used for self-identification or routing in internet communications or posting.” MCL 28.722(g).
•For purposes of the Michigan Penal Code, Rape Chapter (MCL 750.520a et seq.), intimate parts “includes the primary genital area, groin, inner thigh, buttock, or breast of a human being.” MCL 750.520a(f).
Institution of higher education
•For purposes of the Sex Offenders Registration Act, MCL 28.721 et seq., institution of higher education is “1 or more of the following:
(i) A public or private community college, college, or university.
(ii) A public or private trade, vocational, or occupational school.” MCL 28.722(h).
Inveigle
•As used in MCL 750.455 induce, inveigle, persuade, and entice “all imply an active leading to a particular action.” People v Springs, 101 Mich App 118, 127 (1980).
Investigating law enforcement agency
•For purposes of MCL 750.520m, investigating law enforcement agency is “the law enforcement agency responsible for the investigation of the offense for which the person is arrested or convicted. Investigating law enforcement agency includes the county sheriff but does not include a probation officer employed by the department of corrections.” MCL 750.520m(9)(b).
•For purposes of the Sexual Assault Victim’s Access to Justice Act, MCL 752.951 et seq., investigating law enforcement agency is “the local, county, or state law enforcement agency with the primary responsibility for investigating an alleged sexual assault offense case and includes the employees of that agency. Investigating law enforcement agency includes a law enforcement agency of a community college or university if that law enforcement agency of a community college or university is responsible for collecting sexual assault evidence.” MCL 752.952(b).
J
•For purposes of the Day Parole of Prisoners Act (MCL 801.251 et seq.), jail is “a facility that is operated by a county for the detention of persons charged with, or convicted of, criminal offenses or ordinance violations, or persons found guilty of civil or criminal contempt, for not more than 1 year.” MCL 801.251(4).
•For purposes of the Crime Victim Rights Act, Article 2 (MCL 780.781 et seq.), juvenile is “an individual alleged or found to be within the court’s jurisdiction under [MCL 712A.2(a)(1)] for an offense, including, but not limited to, an individual in a designated case.” MCL 780.781(1)(e).
L
•For purposes of the Michigan Penal Code, Human Trafficking (MCL 750.462a et seq.), labor “means work of economic or financial value.” MCL 750.462a(i).
•For purposes of the Sexual Assault Kit Evidence Submission Act, MCL 752.931 et seq., law enforcement agency is “the local, county, or state law enforcement agency with the primary responsibility for investigating an alleged sexual assault offense case and includes employees of that agency.” MCL 752.932(d).
•For purposes of the Sexual Assault Victim’s Access to Justice Act, MCL 752.951 et seq., law enforcement agency is “the local, county, or state law enforcement agency and includes the employees of that agency. Law enforcement agency includes a law enforcement agency of a community college or university.” MCL 752.952(c).
•For purposes of MCL 776.21, law enforcement officer is “a police officer of a county, city, village, township, or this state; a college or university public safety officer; a prosecuting attorney, assistant prosecuting attorney, or an investigator for the office of prosecuting attorney; or any other person whose duty is to enforce the laws of this state.” MCL 776.21(1)(a).
•For purposes of the Sex Offenders Registration Act, MCL 28.721 et seq., the Holmes Youthful Trainee Act (MCL 762.11 et seq.), MCL 768.27a, and MCL 771.2a, listed offense is “a tier I, tier II, or tier III offense.” MCL 28.722(i); MCL 762.11(7)(a); MCL 768.27a(2)(a); MCL 771.2a(14)(a).
•For purposes of MCL 750.145c, listed sexual acts is “sexual intercourse, erotic fondling, sadomasochistic abuse, masturbation, passive sexual involvement, sexual excitement, or erotic nudity.” MCL 750.145c(1)(i).
•For purposes of the Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors, Part I Sexually Explicit Matter (MCL 722.671 et seq.), local community is “the county in which the matter was disseminated.” MCL 722.674(b).
•For purposes of the Sex Offenders Registration Act, MCL 28.721 et seq., local law enforcement agency “means the police department of a municipality.” MCL 28.722(j).
•For purposes of MCL 771.2a, loiter “means to remain for a period of time and under circumstances that a reasonable person would determine is for the primary purpose of observing or contacting minors.” MCL 771.2a(14)(b).
M
•For purposes of MCL 750.145c, make is “to bring into existence by copying, shaping, changing, or combining material, and specifically includes, but is not limited to, intentionally creating a reproduction, copy, or print of child sexually abusive material, in whole or part. Make does not include the creation of an identical reproduction or copy of child sexually abusive material within the same digital storage device or the same piece of digital storage media.” MCL 750.145c(1)(j).
•For purposes of MCL 750.145c, masturbation is “the real or simulated touching, rubbing, or otherwise stimulating of a person’s own clothed or unclothed genitals, pubic area, buttocks, or, if the person is female, breasts, or if the person is a child, the developing or undeveloped breast area, either by manual manipulation or self-induced or with an artificial instrument, for the purpose of real or simulated overt sexual gratification or arousal of the person.” MCL 750.145c(1)(k).
Caselaw discussion of masturbation: “The statutory definition of ‘masturbation,’ MCL 750.145c(1)(k), [is not unconstitutionally vague because it] plainly provides specific criteria for its application, was not arbitrarily applied to create criminal conduct, and gives fair notice of the illegal nature of the proscribed conduct, in the context of a [child sexually abusive activity] prosecution.” People v Sardy, 313 Mich App 679, 714 (2015) (rejecting “defendant’s vagueness argument . . . that a person of ordinary intelligence is forced to speculate in ascertaining whether the particular actions and movements of the child as seen in the videos fall within the statutory definition of ‘masturbation’”; “[o]n the basis of th[e] plain and unambiguous statutory language, a person of ordinary intelligence would reasonably know that filming” the child rubbing or otherwise stimulating “the child’s own clothed genitals by manual manipulation or with an artificial instrument for the purpose of real or simulated overt sexual gratification or arousal” was “prohibited, absent the need to speculate regarding the meaning of ‘masturbation’ as defined in the statute”), vacated in part on other grounds 500 Mich 887 (2016). For more information on the precedential value of an opinion with a negative subsequent history, see our note.
Medically frail
•For purposes of MCL 791.235, medically frail “describes an individual who is a minimal threat to society as a result of his or her medical condition, who has received a risk score of low on a validated risk assessment, whose recent conduct in prison indicates he or she is unlikely to engage in assaultive conduct, and who has 1 or both of the following:
(i) A permanent or terminal physical disability or serious and complex medical condition resulting in the inability to do 1 or more of the following without personal assistance:
(A) Walk.
(B) Stand.
(C) Sit.
(ii) A permanent or terminal disabling mental disorder, including dementia, Alzheimer’s, or similar degenerative brain disorder that results in the need for nursing home level of care, and a significantly impaired ability to perform 2 or more activities of daily living.” MCL 791.235(22)(c).
Medical treatment
•For purposes of MCL 750.90, medical treatment “includes an examination or a procedure.” MCL 750.90(5)(a).
•For purposes of the Michigan Penal Code, Rape Chapter (MCL 750.520a et seq.), mental health professional is that term as defined in MCL 330.1100b. MCL 750.520a(g). MCL 330.1100b(19) defines that term as “an individual who is trained and experienced in the area of mental illness or developmental disabilities and who is 1 of the following:
(a) A physician.
(b) A psychologist.
(c) A registered professional nurse licensed or otherwise authorized to engage in the practice of nursing under part 172 of the public health code, . . . MCL 333.17201 to [MCL] 333.17242.
(d) A licensed master’s social worker licensed or otherwise authorized to engage in the practice of social work at the master’s level under part 185 of the public health code, . . . MCL 333.18501 to [MCL] 333.18518.
(e) A licensed professional counselor licensed or otherwise authorized to engage in the practice of counseling under part 181 of the public health code, . . . MCL 333.18101 to [MCL] 333.18117.
(f) A marriage and family therapist licensed or otherwise authorized to engage in the practice of marriage and family therapy under part 169 of the public health code, . . . MCL 333.16901 to [MCL] 333.16915.”
•For purposes of the Michigan Penal Code, Rape Chapter (MCL 750.520a et seq.), mental illness is “a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.” MCL 750.520a(h).
•For purposes of the Michigan Penal Code, Rape Chapter (MCL 750.520a et seq.), mentally disabled is “a person [who] has a mental illness, is intellectually disabled, or has a developmental disability.” MCL 750.520a(i).
•For purposes of the Michigan Penal Code, Rape Chapter (MCL 750.520a et seq.), mentally incapable is “a person [who] suffers from a mental disease or defect that renders that person temporarily or permanently incapable of appraising the nature of his or her conduct.” MCL 750.520a(j).
Caselaw discussion of mentally incapable: MCL 750.520a(j) “is meant to encompass not only an understanding of the physical act but also an appreciation of the nonphysical factors, including the moral quality of the act, that accompany such an act.” People v Breck, 230 Mich App 450, 455-456 (1998) (“the prosecution proved that the victim suffered from a mental disease or defect that rendered him incapable of appraising the nature of his conduct” where “the victim was unable to appraise the nature of the sexual activity in this case as either morally right or wrong[, and did not] . . . understand that others could not engage in sexual activity with him without his consent”). See also People v Cox, 268 Mich App 440, 444-445 (2005) (although the 17-year-old victim “‘knew what was proposed’ and was aware of his conduct,” “there was ample evidence from which to conclude that the victim was mentally incapable of consenting to the sexual relationship with defendant” where “mentally, the victim was about twelve or thirteen”, “could not appreciate the social or moral significance of his acts relating to the homosexual encounter with defendant, and was incapable of making an informed decision about sexual involvement”).
•For purposes of the Criminal Sexual Conduct Act, MCL 750.520a et seq., mentally incapacitated is “a person [who] is rendered temporarily incapable of appraising or controlling the person’s conduct due to the influence of a narcotic, anesthetic, alcohol, or other substance, or due to any act committed upon that person without the person’s consent.” MCL 750.520a(k).
•For purposes of the Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors, Part I Sexually Explicit Matter (MCL 722.671 et seq.); the Michigan Penal Code, Human Trafficking (MCL 750.462a et seq.); and MCL 750.145d, minor is a person under the age of 18.9 MCL 722.671(d); MCL 750.462a(j); MCL 750.145d(9)(g).
•For purposes of the Code of Criminal Procedure, Trials Chapter (MCL 768.1 et seq.), minor is “an individual less than 18 years of age.” MCL 768.27a(2)(b).
•For purposes of MCL 770.9b, minor is “an individual less than 16 years of age.” MCL 770.9b(3)(a).
•For purposes of the Sex Offenders Registration Act, MCL 28.721 et seq., minor “means a victim of a listed offense who was less than 18 years of age at the time the offense was committed.” MCL 28.722(k).
•For purposes of the Setting Aside Convictions Act (SACA), MCL 780.621 et seq., misdemeanor is “a violation of any of the following:
(i) A penal law of this state, another state, an Indian tribe, or the United States that is not a felony.
(ii) An order, rule, or regulation of a state agency that is punishable by imprisonment for not more than 1 year or a fine that is not a civil fine, or both.
(iii) A local ordinance of a political subdivision of this state substantially corresponding to a crime listed in subparagraph (i) or (ii) that is not a felony.
(iv) A violation of the law of another state or political subdivision of another state substantially corresponding to a crime listed under subparagraph (i) or (ii) that is not a felony.
(v) A violation of the law of the United States substantially corresponding to a crime listed under subparagraph (i) or (ii) that is not a felony.” MCL 780.621(4)(g).
Municipality
•For purposes of the Sex Offenders Registration Act, MCL 28.721 et seq., municipality “means a city, village, or township of this state.” MCL 28.722(l).
N
•For purposes of the Michigan Penal Code, Rape Chapter (MCL 750.520a et seq.), nonpublic school is “a private, denominational, or parochial elementary or secondary school.” MCL 750.520a(l).
•For purposes of the Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors, Part I Sexually Explicit Matter (MCL 722.671 et seq.), nudity is “the lewd display of the human male or female genitals or pubic area.” MCL 722.672(a).
•For purposes of MCL 750.145e, nudity “means displaying a person’s genitalia or anus or, if the person is a female, her nipples or areola.” MCL 750.145e(5)(b).
O
Offense involving domestic violence
•For purposes of MCL 768.27b and MCL 768.27c, offense involving domestic violence is “the occurrence of 1 or more of the following acts by a person that is not an act of self-defense:
(i) Causing or attempting to cause physical or mental harm to a family or household member.
(ii) Placing a family or household member in fear of physical or mental harm.
(iii) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.
(iv) Engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.” MCL 768.27b(6)(a); MCL 768.27c(5)(b).
P
•For purposes of MCL 750.145c, passive sexual involvement is “an act, real or simulated, that exposes another person to or draws another person’s attention to an act of sexual intercourse, erotic fondling, sadomasochistic abuse, masturbation, sexual excitement, or erotic nudity because of viewing any of these acts or because of the proximity of the act to that person, for the purpose of real or simulated overt sexual gratification or stimulation of 1 or more of the persons involved.” MCL 750.145c(1)(l).
•For purposes of MCL 750.90, patient “means a person who has undergone or is seeking to undergo medical treatment.” MCL 750.90(5)(b).
•For purposes of the Michigan Penal Code, Rape Chapter (MCL 750.520a et seq.), personal injury is “bodily injury, disfigurement, mental anguish, chronic pain, pregnancy, disease, or loss or impairment of a sexual or reproductive organ.” MCL 750.520a(n).
Caselaw discussion of personal injury: “Because bodily injury, mental anguish, and the other conditions listed in MCL 750.520a(j) are merely different ways of defining the single element of personal injury, . . . they should not be construed to represent alternative theories upon which jury unanimity is required. Accordingly, if the evidence of any one of the listed definitions is sufficient, then the element of personal injury has been proven.” People v Asevedo, 217 Mich App 393, 397-398 (1996) (affirming defendant’s CSC-I convictions where although the case “was submitted to the jury under both the mental anguish and the bodily injury definitions of personal injury, defendant d[id] not challenge the sufficiency of the evidence regarding mental anguish[, and] . . . on that basis alone, . . . the evidence of personal injury was sufficient”).
No temporal requirement. “[T]here is nothing in [MCL 750.520a(n)] to suggest that the Legislature intended to limit temporally any of the elements of ‘personal injury.’” People v Petrella, 424 Mich 221, 276-277 (1985) (nothing in MCL 750.520b requires “the mental anguish element . . . be limited to ‘suffering which occurs at the time of the alleged act”; “‘disfigurement,’ chronic pain,’ and ‘loss or impairment of a sexual or reproductive organ’ all suggest the prospect of permanent or long-lasting injuries”).
Mental anguish. “‘[M]ental anguish, in its ordinary and generally understood sense, means ‘extreme or excruciating pain, distress, or suffering of the mind,’ and that term, so defined, is not unconstitutionally vague.” People v Petrella, 424 Mich 221, 257 (1985). “[W]hile virtually all rape victims may in fact suffer mental anguish, the prosecution is limited by the availability of probative, admissible, and credible evidence of such anguish. In order to support a conviction of first-degree CSC, based on the aggravating factor of mental anguish, the prosecution is required to produce evidence from which a rational trier of fact could conclude, beyond a reasonable doubt, that the victim experienced extreme or excruciating pain, distress, or suffering of the mind.” Id. at 259. The Petrella Court provided a nonexhaustive list of factors the Court of Appeals has considered when determining if a victim suffered mental anguish (noting “that each case must be decided on its own facts, and that no single factor listed . . . should be seen as necessary”): (1) Testimony that the victim was upset, crying, sobbing, or hysterical during or after the assault. (2) The need by the victim for psychiatric or psychological care or treatment. (3) Some interference with the victim’s ability to conduct a normal life, such as absence from the workplace. (4) Fear for the victim’s life or safety, or that of those near to her. (5) Feelings of anger and humiliation by the victim. (6) Evidence that the victim was prescribed some sort of medication to treat her anxiety, insomnia, or other symptoms. (7) Evidence that the emotional or psychological effects of the assault were long-lasting. (8) A lingering fear, anxiety, or apprehension about being in vulnerable situations in which the victim may be subject to another attack. (9) The fact that the assailant was the victim’s natural father.” Id. at 270 (mental anguish was established to support a CSC-I conviction where the evidence “proved beyond a reasonable doubt that the victim suffered severe emotional and psychological consequences following the assault where the record reflected “evidence of crying, hysteria, fright, loss of sleep and absence from the workplace, [and] . . . the victim never stay[ing] another night in the apartment [where the rape occurred]”; however, in the companion case where the only “evidence of mental anguish was the testimony that the complainant was crying and upset, . . . this evidence, standing alone, [did not rise] to the level of ‘extreme or excruciating pain, distress, or suffering of the mind”). See People v Russell, 182 Mich App 314, 320-321 (1990) (extending the last Petrella factor to a stepparent relationship where the complainants’ lived with the defendant, who was their stepfather, for 10 years, and they viewed him as a father-figure), rev’d on other grounds by 434 Mich 922 (1990). For more information on the precedential value of an opinion with negative subsequent history, see our note.
See also People v Himmelein, 177 Mich App 365, 376-377 (1989) (mental anguish was established to support a CSC-I conviction where “the victim was subjected to several sexual penetrations, the last with her hands taped behind her and her eyes taped shut, . . . the victim’s three-year old daughter was placed in a nearby closet, where she remained crying, . . . the victim[ testified] that she was terrified and frightened, . . . [the husband found] the victim and the daughter crying, [a]n examining physician later observed that the victim was tense and reserved to the point that it was difficult to talk to her, [and t]he victim testified that she would not stay at home by herself for several months following the incident”); People v Swinford, 150 Mich App 507, 514 (1986) (mental anguish was established to support a CSC-I conviction where, “as a result of the rape, the complainant regularly saw a therapist and experienced marital problems, . . . she [was] fearful of working at night and relinquished her duties on the night shift, which result[ed] in a substantial pay cut”).
Bodily injury. “[B]odily injuries need not be permanent or substantial.” People v Himmelein, 177 Mich App 365, 377-378 (1989) (finding “that evidence of even insubstantial physical injuries” such as bruises, welts, or other marks “is sufficient to support a conviction for criminal sexual conduct in the first degree”)). See People v Mackle, 241 Mich App 583, 598 (2000) (bodily injury was established and supported a conviction of CSC-I where defendant tied the complainant’s “hands so tightly that her fingers went numb”, “repeatedly str[u]ck her with an open hand”, “wrapped a necktie around complainant’s throat that prevented her from breathing”, and “struck her in the leg with his fist and slapped her in the face at least twice”); People v Swinford, 150 Mich App 507, 512 (1986) (bodily injury was established and supported a conviction of CSC-I where the defendant choked the complainant and “left visible handprints which lasted several days and caused the complainant to have muscle spasms in her neck[, a] pelvic examination performed directly after the rape revealed that parts of complainant’s vaginal areas were swollen and torn and would take up to two weeks to heal[, and i]t was indicated that these tears were consistent with ‘very, very, very forceful intercourse’”); People v Gwinn, 111 Mich App 223, 239 (1981) (bodily injury was established and supported a conviction of CSC-I where “[c]omplainant sustained scratches on her back, bruises on her nose, and tenderness in her perineal area, particularly around the anus”).
Causation of personal injury. “[MCL 750.520b(1)(f)] does not require that defendant be the sole cause of the victim’s injury”; rather, “a defendant ‘takes his victim as he finds [her]’ and therefore any special susceptibility of the victim to the injury at issue does not constitute an independent ‘cause’ exonerating defendant.” People v Brown, 197 Mich App 448, 451 (1992) (second alteration in original). See People v Alter, 255 Mich App 194, 205 (2003) (extending the Brown holding to MCL 750.520c(1)(f)).
Personal protection order (PPO)
•For purposes MCL 600.2950a, personal protection order “means an injunctive order issued by the family division of circuit court restraining or enjoining conduct prohibited under subsection [MCL 600.2950a(1)] or [MCL 600.2950a(3)].” MCL 600.2950a(31)(d).
•For purposes of Subchapter 3.700 of the Michigan Court Rules, personal protection order “means a protection order as described under MCL 600.2950 and [MCL] 600.2950a[.]” MCR 3.702(1).
•As used in MCL 750.455, induce, inveigle, persuade, and entice “all imply an active leading to a particular action.” People v Springs, 101 Mich App 118, 127 (1980).
Petition
•For purposes of Subchapter 3.700 of the Michigan Court Rules, petition “refers to a pleading for commencing an independent action for personal protection and is not considered a motion as defined in MCR 2.119[.]” MCR 3.702(2).
•For purposes of Subchapter 3.700 of the Michigan Court Rules, petitioner “refers to the party seeking protection[.]” MCR 3.702(3).
•For purposes of the Michigan Penal Code, Rape Chapter (MCL 750.520a et seq.), physically helpless is “a person [that] is unconscious, asleep, or for any other reason is physically unable to communicate unwillingness to an act.” MCL 750.520a(m).
Caselaw discussion of physically helpless: “[T]here was insufficient evidence that the victim was physically helpless” where although “the victim was asleep when defendant entered the home,” “the victim [was] awake when the assault occurred and could physically communicate her unwillingness to the act”, and “not[ing] that a different result would follow if the victim had been penetrated by defendant while asleep or had awakened during the process.” People v Perry, 172 Mich App 609, 622 (1988).
•For purposes of MCL 750.145b, prior conviction is “a violation of [MCL 750.145a] or a violation of a law of another state substantially corresponding to [MCL 750.145a].” MCL 750.145b(3).
•For purposes of MCL 750.451, prior conviction means a violation of MCL 750.448, MCL 750.449, MCL 750.449a(1), MCL 750.450, MCL 750.462, or a violation of a law of another state or of a political subdivision of this state or another state substantially corresponding to those statutes. MCL 750.451(9).
•For purposes of MCL 600.2950a, prisoner “means a person subject to incarceration, detention, or admission to a prison who is accused of, convicted of, sentenced for, or adjudicated delinquent for violations of federal, state, or local law or the terms and conditions of parole, probation, pretrial release, or a diversionary program.” MCL 600.2950a(31)(e).
•For purposes of MCL 771.3g and MCL 771.3h, prisoner is “an individual committed or sentenced to imprisonment under [MCL 769.28].” MCL 771.3g(7)(c).
•For purposes of MCL 752.954(1), program participant “means that term as defined in [MCL 780.853] of the address confidentiality program act.” MCL 752.954(6). MCL 780.853(n) defines program participant as “an individual who is certified by the department of the attorney general as a program participant under [MCL 780.855].”
•For purposes of the Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors, Part I Sexually Explicit Matter (MCL 722.671 et seq.), prurient interest is “a lustful interest in sexual stimulation or gratification. In determining whether sexually explicit matter appeals to the prurient interest, the matter shall be judged with reference to average 17-year-old minors. If it appears from the character of the matter that it is designed to appeal to the prurient interest of a particular group of persons, including, but not limited to, homosexuals or sadomasochists, then the matter shall be judged with reference to average 17-year-old minors within the particular group for which it appears to be designed.” MCL 722.674(c).
•For purposes of MCL 750.145c, prurient interest is “a shameful or morbid interest in nudity, sex, or excretion.” MCL 750.145c(1)(m).
•For purposes of the Michigan Penal Code, Rape Chapter (MCL 750.520a et seq.), public school is “a public elementary or secondary educational entity or agency that is established under the revised school code, . . . MCL 380.1 to [MCL] 380.1852.” MCL 750.520a(o).
R
•For purposes of MCL 750.145c, reasonably available means that “the prosecuting attorney [has provided] an opportunity to the defendant and his or her attorney, and any person the defendant may seek to qualify as an expert witness at trial, to inspect, view, and examine that evidence at a facility approved by the prosecuting attorney.”MCL 750.145c(11).
•For purposes of the Sex Offenders Registration Act, MCL 28.721 et seq., registering authority “means the local law enforcement agency or sheriff’s office having jurisdiction over the individual’s residence, place of employment, or institution of higher learning, or the nearest department post designated to receive or enter sex offender registration information within a registration jurisdiction.” MCL 28.722(m).
•For purposes of the Sex Offenders Registration Act, MCL 28.721 et seq., registration jurisdiction “means each of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, the United States Virgin Islands, American Samoa, and the Indian tribes within the United States that elect to function as a registration jurisdiction.” MCL 28.722(n).
•For purposes of the Michigan Rules of Evidence, relevant evidence is evidence that:
“(a) . . . has any tendency to make a fact more or less probable than it would be without the evidence; and
(b) the fact is of consequence in determining the action.” MRE 401.
•For purposes of the Sex Offenders Registration Act, MCL 28.721 et seq., residence, “for registration and voting purposes means that place at which a person habitually sleeps, keeps the person’s personal effects, and has a regular place of lodging. If a person has more than 1 residence, or if a person has a residence separate from that of the person’s spouse, that place at which the person resides the greater part of the time must bethe person’s official residence for the purposes of [the SORA]. If a person is homeless or otherwise lacks a fixed or temporary residence, residence means the village, city, or township where the person spends a majority of his or her time. This section does not affect existing judicial interpretation of the term residence for purposes other than the purposes of this act.” MCL 28.722(o).
•For purposes of Subchapter 3.700 of the Michigan Court Rules, respondent “refers to the party to be restrained[.]” MCR 3.702(4).
•For purposes of MCL 750.349(1), restrain “means to restrict a person’s movements or to confine the person so as to interfere with that person’s liberty without that person’s consent or without legal authority. The restraint does not have to exist for any particular length of time and may be related or incidental to the commission of other criminal acts.” MCL 750.349(2).
•For purposes of MCL 750.349b, restrain “means to forcibly restrict a person’s movements or to forcibly confine the person so as to interfere with that person’s liberty without that person’s consent or without lawful authority. The restraint does not have to exist for any particular length of time and may be related or incidental to the commission of other criminal acts.” MCL 750.349b(3)(a).
S
•For purposes of the Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors, Part I Sexually Explicit Matter (MCL 722.671 et seq.), sadomasochistic abuse is “either of the following:
(i) Flagellation, or torture, for sexual stimulation or gratification, by or upon a person who is nude or clad only in undergarments or in a revealing or bizarre costume.
(ii) The condition of being fettered, bound, or otherwise physically restrained for sexual stimulation or gratification, of a person who is nude or clad only in undergarments or in a revealing or bizarre costume.” MCL 722.672(d).
•For purposes of MCL 750.145c, sadomasochistic abuse is “either of the following:
(i) Flagellation or torture, real or simulated, for the purpose of real or simulated sexual stimulation or gratification, by or upon a person.
(ii) The condition, real or simulated, of being fettered, bound, or otherwise physically restrained for sexual stimulation or gratification of a person.” MCL 750.145c(1)(p).
•For purposes of MCL 750.520m and the DNA Identification Profiling System Act, MCL 28.171 et seq., sample is “a portion of a person’s [individual’s] blood, saliva, or tissue collected from the person [individual].” MCL 28.172(g); MCL 750.520m(9)(d).
•For purposes of MCL 750.520o, school is “a public school as that term is defined in . . . the revised school code, . . . MCL 380.5, that offers developmental kindergarten, kindergarten, or any grade from 1 through 12.” MCL 750.520o(2)(a).
•For purposes of MCL 801.251a, school is “any of the following:
(i) A school of secondary education.
(ii) A community college, college, or university.
(iii) A state-licensed technical or vocational school or program.
(iv) A program that prepares the person for the general education development (GED) test.” MCL 801.251a(2)(b).
•For purposes of MCL 771.2a, school “means a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from 1 through 12. School does not include a home school.” MCL 771.2a(14)(d).
•For purposes of MCL 28.727(1)(g), MCL 28.728(1)(g), and MCL 28.728(2)(e) in the Sex Offenders Registration Act, MCL 28.721 et seq., school “means a public or private postsecondary school or school of higher education, including a trade school.” MCL 28.727(1)(g); MCL 28.728(1)(g); MCL 28.728(2)(e).
•For purposes of MCL 750.520o, school bus is “every motor vehicle, except station wagons, with a manufacturers’ rated seating capacity of 16 or more passengers, including the driver, owned by a public, private, or governmental agency and operated for the transportation of children to or from school, or privately owned and operated for compensation for the transportation of children to and from school.” MCL 750.520o(2)(b).
•For purposes of the Michigan Penal Code, Rape Chapter (MCL 750.520a et seq.), school district is “a general powers school district organized under the revised school code, . . . , MCL 380.1 to [MCL] 380.1852.” MCL 750.520a(p).
•For purposes of MCL 771.2a, school property “means a building, facility, structure, or real property owned, leased, or otherwise controlled by a school, other than a building, facility, structure, or real property that is no longer in use on a permanent or continuous basis, to which either of the following applies:
(i) It is used to impart educational instruction.
(ii) It is for use by students not more than 19 years of age for sports or other recreational activities.” MCL 771.2a(14)(e).
•For purposes of MCL 750.520f, “an offense is considered a second or subsequent offense if, prior to conviction of the second or subsequent offense, the actor has at any time been convicted under [MCL 750.520b (CSC-I), MCL 750.520c (CSC-II), or MCL 750.520d (CSC-III),] or under any similar statute of the United States or any state for a criminal sexual offense including rape, carnal knowledge, indecent liberties, gross indecency, or an attempt to commit such an offense.” MCL 750.520f(2) (emphasis added).
•For purposes of MCL 750.349b, secretly confined means “[t]o keep the confinement of the restrained person a secret [or t]o keep the location of the restrained person a secret.” MCL 750.349b(3)(b).
•For purposes of the Michigan Penal Code, Human Trafficking (MCL 750.462a et seq.), serious bodily injury “means any physical injury requiring medical treatment, regardless of whether the victim seeks medical treatment.” MCL 750.462a(k).
•For purposes of the Setting Aside Convictions Act (SACA), MCL 780.621 et seq., and the Crime Victim’s Rights Act, Article 3, MCL 780.751 to MCL 780.775 and except as otherwise defined in that article, serious misdemeanor is one or more of the following:
“(i) A violation of [MCL 750.81], assault and battery, including domestic violence.
(ii) A violation of [MCL 750.81a], assault; infliction of serious injury, including aggravated domestic violence.
(iii) Beginning January 1, 2024, a violation of [MCL 750.81c(1)], threatening a department of health and human services’ employee with physical harm.
(iv) A violation of [MCL 750.115], breaking and entering or illegal entry.
(v) A violation of [MCL 750.136b(7)], child abuse in the fourth degree.
(vi) A violation of [MCL 750.145], contributing to the neglect or delinquency of a minor.
(vii) A misdemeanor violation of [MCL 750.145d], using the internet or a computer to make a prohibited communication.
(viii) Beginning January 1, 2024, a violation of [MCL 750.147a(2) or MCL 750.174a(3)(b)], embezzlement from a vulnerable adult of an amount of less than $200.00.
(ix) Beginning January 1, 2024, a violation of [MCL 750.174a(3)(a)], embezzlement from a vulnerable adult of an amount of $200.00 to $1,000.00.
(x) A violation of [MCL 750.233], intentionally aiming a firearm without malice.
(xi) A violation of [MCL 750.234], discharge of a firearm intentionally aimed at a person.
(xii) A violation of [MCL 750.235], discharge of an intentionally aimed firearm resulting in injury.
(xiii) A violation of [MCL 750.335a], indecent exposure.
(xiv) A violation of [MCL 750.411h], stalking.
(xv) A violation of [MCL 257.601b(2)], injuring a worker in a work zone.
(xvi) Beginning January 1, 2024, a violation of [MCL 257.601d(1)], moving violation causing death.
(xvii) Beginning January 1, 2024, a violation of [MCL 257.601d(2)], moving violation causing serious impairment of a body function.
(xviii) A violation of [MCL 257.617a], leaving the scene of a personal injury accident.
(xix) A violation of [MCL 257.625], operating a vehicle while under the influence of or impaired by intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to another individual.
(xx) Selling or furnishing alcoholic liquor to an individual less than 21 years of age in violation of [MCL 436.1701], if the violation results in physical injury or death to any individual.
(xxi) A violation of [MCL 324.80176(1) or MCL 324.80176(3)], operating a vessel while under the influence of or impaired by intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to any individual.
(xxii) A violation of a local ordinance substantially corresponding to a violation enumerated in subparagraphs (i) to (xxi).
(xxiii) A violation charged as a crime or serious misdemeanor enumerated in subparagraphs (i) to (xxii) but subsequently reduced to or pleaded to as a misdemeanor. As used in this subparagraph, ‘crime’ means that term as defined in [MCL 780.752(1)(b)].”
MCL 780.811(1)(a); MCL 780.621(4)(i).
•For purposes of the Michigan Penal Code, Human Trafficking (MCL 750.462a et seq.), services “means an ongoing relationship between a person and an individual in which the individual performs activities under the supervision of or for the benefit of the person, including, but not limited to, commercial sexual activity and sexually explicit performances.” MCL 750.462a(l).
•For purposes of MCL 600.2950a, sexual assault “means an act, attempted act, or conspiracy to engage in an act of criminal conduct as defined in . . . MCL 750.520b, [MCL] 750.520c, [MCL] 750.520d, [MCL] 750.520e, [or MCL] 750.520g, or an offense under a law of the United States, another state, or a foreign country or tribal or military law that is substantially similar to an offense listed in this subdivision.” MCL 600.2950a(31)(f).
•For purposes of MCL 768.27b, sexual assault is “a listed offense as that term is defined in . . . MCL 28.722.” MCL 768.27b(6)(c).
•For purposes of MCL 600.2157a, sexual assault “means assault with intent to commit criminal sexual conduct.” MCL 600.2157a(1)(c).
•For purposes of MCL 18.355a, sexual assault is “a criminal violation of . . . MCL 750.520a to [MCL] 750.520n.” MCL 18.355a(11)(b).
•For purposes of MCL 600.2157a, sexual assault or domestic violence counselor “means a person who is employed at or who volunteers service at a sexual assault or domestic violence crisis center, and who in that capacity provides advice, counseling, or other assistance to victims of sexual assault or domestic violence and their families.” MCL 600.2157a(1)(d).
•For purposes of MCL 333.21527 and the Sexual Assault Kit Evidence Submission Act, MCL 752.931 et seq., sexual assault evidence kit means “a standardized set of equipment and written procedures approved by the department of state police that have been designed to be administered to an individual principally for the purpose of gathering evidence of sexual conduct, which evidence is of the type offered in court by the forensic science division of the department of state police for prosecuting a case of criminal sexual conduct under . . . MCL 750.520a to [MCL] 750.520l.” MCL 333.21527(2); MCL 752.932(g).
•For purposes of the Sexual Assault Victim’s Access to Justice Act, MCL 752.951 et seq., sexual assault evidence kit “means that term as defined in . . . MCL 333.21527.” MCL 752.952(d).
•For purposes of the Sexual Assault Kit Evidence Submission Act, MCL 752.931 et seq., sexual assault kit evidence means “evidence collected from the administration of a sexual assault evidence kit under . . . MCL 333.21527.” MCL 752.932(f).
•For purposes of MCL 770.9b, sexual assault of a minor is “a violation of any of the following:
(i) [MCL 750.520b, MCL 750.520c, MCL 750.520d(1)(b)-(e)], in which the victim is a minor.
(ii) [MCL 750.520d(1)(a)], if the actor is 5 or more years older than the victim.
(iii) [MCL 750.520g], for assaulting an individual with the intent to commit criminal sexual conduct described in subparagraphs (i) and (ii).” MCL 770.9b(3)(b).
•For purposes of the Sexual Assault Kit Evidence Submission Act, MCL 752.931 et seq., sexual assault offense means “a violation or attempted violation of . . . MCL 750.520b to [MCL] 750.520g.” MCL 752.932(h).
•For purposes of the Sexual Assault Victim’s Access to Justice Act, MCL 752.951 et seq., sexual assault offense is “a violation or attempted violation of . . . MCL 750.520b to [MCL] 750.520g.” MCL 752.952(e).
Sexual assault or domestic violence crisis center
•For purposes of MCL 600.2157a, sexual assault or domestic violence crisis center is “an office, institution, agency, or center which offers assistance to victims of sexual assault or domestic violence and their families through crisis intervention and counseling.” MCL 600.2157a(1)(e).
Sexual assault medical forensic examination
•For purposes of MCL 18.355a, sexual assault medical forensic examination is “that term as described in [MCL 18.355a(1)(a)-(d)].” MCL 18.355a(11)(c). MCL 18.355a(1) indicates that to qualify for payment, a sexual assault medical forensic examination must include “all of the following:
(a) The collection of a medical history.
(b) A general medical examination, including, but not limited to, the use of laboratory services and the dispensing of prescribed pharmaceutical items.
(c) One or more of the following:
(i) A detailed oral examination.
(ii) A detailed anal examination.
(iii) A detailed genital examination.”
(d) Administration of a sexual assault evidence kit under . . . MCL 333.21527 and related medical procedures and laboratory and pharmacological services.” MCL 18.355a(1).
•For purposes of the Sexual Assault Victim’s Access to Justice Act, MCL 752.951 et seq., sexual assault victim is “an individual subjected to a sexual assault offense and, for the purposes of making communications and receiving notices under this act, a person designated by the sexual assault victim under [MCL 752.954].” MCL 752.952(f).
•For purposes of MCL 750.160d, sexual contact is “intentionally touching the genital area, groin, inner thigh, buttock, or breast, or the clothing covering that area, of a dead human body, or the actor intentionally causing the dead human body to touch the actor’s genital area, groin, inner thigh, buttock, or breast, or the clothing covering that area if the 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 the following purposes:
(i) Revenge.
(ii) To inflict humiliation.
(iii) Out of anger.” MCL 750.160d(4)(a).
•For purposes of the Michigan Penal Code, Rape Chapter (MCL 750.520a et seq.), 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.” MCL 750.520a(q).
•For purposes of MCL 333.5129, sexual contact “means that term as defined in . . . MCL 750.520a.” MCL 333.5129(12)(a).
•For purposes of MCL 750.90, sexual contact “means 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 done in a sexual manner.” MCL 750.90(5)(c).
Caselaw discussion of sexual contact:
Touching. “[W]hen determining whether touching could be reasonably construed as being for a sexual purpose, the conduct should be ‘viewed objectively’ under a ‘“reasonable person” standard.’” People v DeLeon, 317 Mich App 714, 719-720 (2016), quoting People v Piper, 233 Mich App 642, 647, 650 (1997).
Constitutionality. MCL 750.520a(q) is not unconstitutionally vague because the statute requires “proof that the defendant engaged in intentional touching of the complainant’s intimate parts or the clothing covering that area[, and] . . . requires that the prosecution prove that the intentional touching could ‘reasonably be construed as being for [a] sexual purpose.’ The statute’s language is clear and its inclusion of a reasonable person standard provides a structure to guide the jury’s determination of the purpose of the contact.” People v Piper, 223 Mich App 642, 646-647 (1997). Piper discussed former MCL 750.520a(k), which has since then been amended and relettered to MCL 750.520a(q).Sexually delinquent person
•For purposes of the Michigan Penal Code, sexually delinquent person is “any person whose sexual behavior is characterized by repetitive or compulsive acts which indicate a disregard of consequences or the recognized rights of others, or by the use of force upon another person in attempting sex relations of either a heterosexual or homosexual nature, or by the commission of sexual aggressions against children under the age of 16.” MCL 750.10a.
•For purposes of the Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors, Part I Sexually Explicit Matter (MCL 722.671 et seq.), sexual excitement is “the condition of human male or female genitals when in a state of sexual stimulation or arousal.” MCL 722.672(b).
•For purposes of MCL 750.145c, sexual excitement is “the condition, real or simulated, of human male or female genitals in a state of real or simulated overt sexual stimulation or arousal.” MCL 750.145c(1)(q).
•For purposes of the Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors, Part I Sexually Explicit Matter (MCL 722.671 et seq.), sexually explicit matter is “sexually explicit visual material, sexually explicit verbal material, or sexually explicit performance.” MCL 722.673(f).
•For purposes of the Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors, Part I Sexually Explicit Matter (MCL 722.671 et seq.), sexually explicit performance is “a motion picture, video game, exhibition, show, representation, or other presentation that, in whole or in part, depicts nudity, sexual excitement, erotic fondling, sexual intercourse, or sadomasochistic abuse.” MCL 722.673(g).
Sexually explicit verbal material
•For purposes of the Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors, Part I Sexually Explicit Matter (MCL 722.671 et seq.), sexually explicit verbal material is “a book, pamphlet, magazine, printed matter reproduced in any manner, or sound recording that contains an explicit and detailed verbal description or narrative account of sexual excitement, erotic fondling, sexual intercourse, or sadomasochistic abuse.” MCL 722.673(h).
Sexually explicit visual material
•For purposes of the Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors, Part I Sexually Explicit Matter (MCL 722.671 et seq.), sexually explicit visual material is “picture, photograph, drawing, sculpture, motion picture film, video game, or similar visual representation that depicts nudity, sexual excitement, erotic fondling, sexual intercourse, or sadomasochistic abuse, or a book, magazine, or pamphlet that contains such a visual representation. An undeveloped photograph, mold, or similar visual material may be sexually explicit material notwithstanding that processing or other acts may be required to make its sexually explicit content apparent.” MCL 722.673(i).
•For purposes of the Michigan Penal Code, Children Chapter (MCL 750.135 et seq.), sexually explicit visual material “means that term as defined in [MCL 750.145e].” MCL 750.145h(5)(a). MCL 750.145e defines sexually explicit visual material as “a photograph or video that depicts nudity, erotic fondling, sexual intercourse, or sadomasochistic abuse.” MCL 750.145e(5)(c).
Sexually transmitted infection
•For purposes of Article 5 of the Public Health Code (MCL 333.5101 et seq.), sexually transmitted infection “means syphilis, gonorrhea, chancroid, lymphogranuloma venereum, granuloma inguinale, and other sexually transmitted infections that the department may designate and require to be reported under [MCL 333.5111].” MCL 333.5101(1)(h)
•For purposes of the Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors, Part I Sexually Explicit Matter (MCL 722.671 et seq.), sexual intercourse is “intercourse, real or simulated, whether genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between a human and an animal.” MCL 722.672(e).
•For purposes of MCL 750.145c, sexual intercourse is “intercourse, real or simulated, whether genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between a human and an animal, or with an artificial genital.” MCL 750.145c(1)(r).
•For purposes of MCL 750.160d, sexual penetration “means entry into the dead human body’s genital opening, anal opening, or mouth by the actor’s penis, finger, tongue, or other object, or the touching of the dead human body’s genital opening or organs by the actor’s mouth or tongue. Sexual penetration may also be entry by any part of the actor’s body or some object into the genital or anal opening of the dead human body. Any entry, no matter how slight, is sexual penetration. Sexual penetration occurs whether or not the sexual act was completed or whether or not semen was ejaculated.” MCL 750.160d(4)(b).
•For purposes of the Michigan Penal Code, Rape Chapter (MCL 750.520a et seq.), sexual penetration is “sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of another person’s body, but emission of semen is not required.” MCL 750.520a(r).
•For purposes of MCL 333.5129, sexual penetration “means that term as defined in . . . MCL 750.520a.” MCL 333.5129(12)(b).
•For purposes of MCL 750.90, sexual penetration “means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of another person’s body, regardless of whether semen is emitted, if that intrusion can reasonably be construed as being for the purpose of sexual arousal or gratification, done for a sexual purpose, or done in a sexual manner.” MCL 750.90(5)(d).
Caselaw discussion of sexual penetration:
Intercourse. Although the term intercourse is not defined in MCL 750.520a(r), “‘intercourse’ in [Webster’s New Collegiate Dictionary] is defined in one sense as being ‘copulation or coitus.’” People v Harris, 158 Mich App 463, 469 (1987).
Cunnilingus. Cunnilingus is “commonly referred to, and understood to be, ‘oral sex.’” Harris, 158 Mich App at 469. “[C]unnilingus requires the placing of the mouth of a person upon the external genital organs of the female which lie between the labia, or the labia itself, or the mons pubes. Therefore, there is no requirement if cunnilingus is performed, that there be something additional in the way of penetration for that sexual act to have been performed. Id. at 470 (“trial court correctly indicated that an act of cunnilingus involved by definition an act of sexual penetration”). See also People v Lemons, 454 Mich 234, 255 (1997) (“cunnilingus . . . by definition does not require penetration”); People v Legg, 197 Mich App 131, 133-134 (1992) (“[jury] instruction for cunnilingus should reflect the definition given in Harris, which does not limit the offense to touching of the vagina itself”; in this case, “[d]efendant’s touching with his mouth of the urethal opening, vaginal opening, or labia establish[ed] cunnilingus”).
Fellatio. Fellatio is “commonly referred to, and understood to be, ‘oral sex.’” Harris, 158 Mich App at 469. “‘[F]ellatio’ does not consist merely of ‘any oral contact with the male genitals,’ but rather requires entry of a penis into another person’s mouth.” People v Reid, 233 Mich App 457, 480 (1999). See also Lemons, 454 Mich at 254 (“penetration for the purpose of establishing fellatio requires actual penetration rather then mere kissing or contact”), citing People v Johnson, 432 Mich 931 (1989). But see People v Waclawski, 286 Mich App 634, 677, 677 n 7 (2009) (“the definition of ‘fellatio’ as adopted by Reid is incorrect because it ignores the plain meaning of the term and therefore the language of [MCL 750.520a(r)]” but because the Court of Appeals was “bound by its own decision in Reid, by virtue of MCR 7.215(J)(1),” it declined to call for a conflict resolution panel under MCR 7.215(J)(2) because it was “not at all necessary to the holding in this case”).
Any other intrusion, however slight. “According to the law, ‘penetration’ is any intrusion, however slight, into the vagina or the labia majora.” People v Lockett, 295 Mich App 165, 188 (2012) (“the jury could have reasonably inferred that [defendant’s] penis intruded, however, slight, into [the victim’s] vagina or labia majora” where the victim “testified that she and [defendant] were attempting to have sexual intercourse and that [defendant’s] ‘private’ was touching her ‘private’ . . . and that she experienced pain going into her ‘private parts’”). See also People v Hammons, 210 Mich App 554, 557 (1995) (rejecting defendant’s contention that “‘there [was] no intrusion ‘into’ the genital opening where that opening [was] covered by the victim’s clothing’” and finding defendant ‘sexually penetrated the complainant’s genital opening” where the defendant “without removing [the victim’s] underwear, forced at least one finger, possibly more, into her vaginal opening”).
Genital opening. “The fact that the Legislature used ‘genital opening’ rather than ‘vagina’ [in MCL 750.520a(r)] indicates an intent to include the labia.” People v Bristol, 115 Mich App 236, 238 (1981) (“penetration of the labia majora is beyond the body surface, [and] a definition of the female genital opening that excluded the labia would be inconsistent with the ordinary meaning of female genital openings”).
•For purposes of MCL 750.157b, solicit “means to offer to give, promise to give, or give any money, services, or anything of value, or to forgive a debt or obligation.” MCL 750.157b(1).
•For purposes of MCL 750.411h, stalking “means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.” MCL 750.411h(1)(e).
•For purposes of MCL 769.2a, state correctional facility is “a facility or institution which is maintained and operated, or contracted for, by the department of corrections, other than a community corrections center, halfway house, resident home, prison farm housing unit, camp, the Cassidy lake technical school, or the Michigan reformatory trustee division, located at Ionia.” MCL 769.2a(2).
•For purposes of MRE 801–MRE 807, statement is “a person’s oral assertion, written assertion, or nonverbal conduct if the person intended it as an assertion.” MRE 801(a).
•For purposes of the Sex Offenders Registration Act, MCL 28.721 et seq., student “means an individual enrolled on a full- or part-time basis in a public or private educational institution, including, but not limited to, a secondary school, trade school, professional institution, or institution of higher education.” MCL 28.722(p).
•For purposes of MCL 771.2a, student safety zone is “the area that lies 1,000 feet or less from school property.” MCL 771.2a(14)(f).
•For purposes of MCL 750.539j, surveil is “to subject an individual to surveillance as that term is defined in [MCL 750.539a].” MCL 750.539j(6). Surveillance is “to secretly observe the activities of another person for the purpose of spying upon and invading the privacy of the person observed.” MCL 750.539a(3).
T
•For purposes of the Sex Offenders Registration Act, MCL 28.721 et seq., a tier I offender is “an individual convicted of a tier I offense who is not a tier II or tier III offender.” MCL 28.722(q).
•For purposes of the Sex Offenders Registration Act, MCL 28.721 et seq., a tier II offender is “either of the following:
(i) A tier I offender who is subsequently convicted of another offense that is a tier I offense.
(ii) An individual convicted of a tier II offense who is not a tier III offender.” MCL 28.722(s).
•For purposes of the Sex Offenders Registration Act, MCL 28.721 et seq., a tier III offender is “either of the following:
(i) A tier II offender subsequently convicted of a tier I or II offense.
(ii) An individual convicted of a tier III offense.” MCL 28.722(u).
•For purposes of the Sex Offenders Registration Act, MCL 28.721 et seq., a tier I offense is one or more of the offenses found in MCL 28.722(r)(i)-(xi):
“(i) A violation of [MCL 750.145c(4)].
(ii) A violation of [MCL 750.335a(2)(b)], if a victim is a minor.
(iii) A violation of [MCL 750.349b], if the victim is a minor.
(iv) A violation of [MCL 750.449a(2)].
(v) A violation of [MCL 750.520e or MCL 750.520g(2)], if the victim is 18 years or older.
(vi) A violation of [MCL 750.539j], if a victim is a minor.
(vii) A violation of [MCL 750.160d(1)].
(viii) Any other violation of a law of this state or a local ordinance of a municipality, other than a tier II or tier III offense, that by its nature constitutes a sexual offense against an individual who is a minor.
(ix) An offense committed by a person who was, at the time of the offense, a sexually delinquent person as defined in . . . MCL 750.10a.
(x) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (ix).
(xi) An offense substantially similar to an offense described in subparagraphs (i) to (x) under a law of the United States that is specifically enumerated in 34 USC 20911, under a law of any state or any country, or under tribal or military law.”
•For purposes of the Sex Offenders Registration Act, MCL 28.721 et seq., a tier II offense is one or more of the offenses found in MCL 28.722(t)(i)-(xiii):
“(i) A violation of [MCL 750.145a].
(ii) A violation of [MCL 750.145b].
(iii) A violation of [MCL 750.145c(2) or MCL 750.145c(3)].
(iv) A violation of [MCL 750.145d(1)(a)], except for a violation arising out of a violation of . . . MCL 750.157c.
(v) A violation of [MCL 750.158], committed against a minor unless either of the following applies:
(A) All of the following:
(I) The victim consented to the conduct constituting the violation.
(II) The victim was at least 13 years of age but less than 16 years of age at the time of the violation.
(III) The individual is not more than 4 years older than the victim.
(B) All of the following:
(I) The victim consented to the conduct constituting the violation.
(II) The victim was 16 or 17 years of age at the time of the violation.
(III) The victim was not under the custodial authority of the individual at the time of the violation.
(vi) A violation of [MCL 750.338, MCL 750.338a, and MCL 750.338b], committed against an individual 13 years of age or older but less than 18 years of age. This subparagraph does not apply if the court determines that either of the following applies:
(A) All of the following:
(I) The victim consented to the conduct constituting the violation.
(II) The victim was at least 13 years of age but less than 16 years of age at the time of the violation.
(III) The individual is not more than 4 years older than the victim.
(B) All of the following:
(I) The victim consented to the conduct constituting the violation.
(II) The victim was 16 or 17 years of age at the time of the violation.
(III) The victim was not under the custodial authority of the individual at the time of the violation.
(vii) A violation of [MCL 750.462e(a)].
(viii) A violation of [MCL 750.448], if the victim is a minor.
(ix) A violation of [MCL 750.455].
(x) A violation of [MCL 750.520c, MCL 750.520e, or MCL 750.520g(2)], committed against an individual 13 years of age or older but less than 18 years of age.
(xi) A violation of [MCL 750.520c] committed against an individual 18 years of age or older.
(xii) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (xi).
(xiii) An offense substantially similar to an offense described in subparagraphs (i) to (xii) under a law of the United States that is specifically enumerated in 34 USC 20911, under a law of any state or any country, or under tribal or military law.”
•For purposes of the Sex Offenders Registration Act, MCL 28.721 et seq., a tier III offense is one or more of the offenses found in MCL 28.722(v)(i)-(ix):
“(i) A violation of [MCL 750.338, MCL 750.338a, and MCL 750.338b], committed against an individual less than 13 years of age.
(ii) A violation of [MCL 750.349], committed against a minor.
(iii) A violation of [MCL 750.350].
(iv) A violation of [MCL 750.520b, MCL 750.520d, or MCL 750.520g(1)]. This subparagraph does not apply if the court determines that the victim consented to the conduct constituting the violation, that the victim was at least 13 years of age but less than 16 years of age at the time of the offense, and that the individual is not more than 4 years older than the victim.
(v) A violation of [MCL 750.520c or MCL 750.520g(2)], committed against an individual less than 13 years of age.
(vi) A violation of [MCL 750.520e], committed by an individual 17 years of age or older against an individual less than 13 years of age.
(vii) A violation of [MCL 750.160d(2)].
(viii) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (vii).
(ix) An offense substantially similar to an offense described in subparagraphs (i) to (viii) under a law of the United States that is specifically enumerated in 34 USC 20911, under a law of any state or any country, or under tribal or military law.”
•For purposes of the Holmes Youthful Trainee Act (MCL 762.11 et seq.), traffic offense is “a violation of the Michigan vehicle code, [MCL 257.1 to MCL 257.923], or a violation of a local ordinance substantially corresponding to that act, that involves the operation of a vehicle and, at the time of the violation, is a felony or a misdemeanor.” MCL 762.11(7)(b).
•For purposes of MCL 750.459, travel services “means transportation by air, sea, or ground, hotel or other lodging accommodations, package tours, or the provision of vouchers or coupons to be redeemed for future travel, or accommodations for a fee, commission, or other valuable consideration.” MCL 750.459(5).
V
Valid foreign protection order
•For purposes of MCL 764.15b, valid foreign protection order is “a foreign protection order that satisfies the conditions for validity provided in . . . MCL 600.2950i.”
•For purposes of the Sex Offenders Registration Act (MCL 28.721 et seq.), vehicle “means that term as defined in . . . MCL 257.79.” MCL 28.722(w).
•For purposes of the Michigan Penal Code, Rape Chapter (MCL 750.520a et seq.), victim is “the person alleging to have been subjected to criminal sexual conduct.” MCL 750.520a(s).
Caselaw discussion of victim: “[T[he crime of criminal sexual conduct requires a live victim at the time of the penetration. . . . A dead body is not a person.” People v Hunter, 209 Mich App 280, 283-284 (1995) (“the essential element of the completed crime of third-degree criminal sexual conduct were not established” where “it [was] undisputed that the victim died before penetration, and that defendant knew she was dead”).
•For purposes of MCL 600.2157a, victim “means a person who was or who alleges to have been the subject of a sexual assault or of domestic violence.” MCL 600.2157a(1)(f).
•For purposes of MCL 333.5129, victim “means that term as defined in . . . MCL 750.520a.” MCL 333.5129(12)(c).
•For purposes of MCL 776.21, victim “means a person who is a victim of a crime under [MCL 750.520b, MCL 750.520c, MCL 750.520d, MCL 750.520e, or MCL 750.520g].” MCL 776.21(1)(b).
•For purposes of MCL 769.1a, victim is “an individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a felony, misdemeanor, or ordinance violation.” MCL 769.1a(1)(b).
•For purposes of the CVRA, Article 1 (Felony Article), MCL 780.751 et seq., and except as otherwise defined in Article 1, a victim is:
“(i) An individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a crime, except as provided in subparagraph (ii), (iii), (iv), or (v).
(ii) The following individuals other than the defendant if the victim is deceased, except as provided in subparagraph (v):
(A) The spouse of the deceased victim.
(B) A child of the deceased victim if the child is 18 years of age or older and sub-subparagraph (A) does not apply.
(C) A parent of the deceased victim if sub-subparagraphs (A) and (B) do not apply.
(D) The guardian or custodian of a child of the deceased victim if the child is less than 18 years of age and sub-subparagraphs (A) to (C) do not apply.
(E) A sibling of the deceased victim if sub-subparagraphs (A) to (D) do not apply.
(F) A grandparent of the deceased victim if sub-subparagraphs (A) to (E) do not apply.
(iii) A parent, guardian, or custodian of the victim, if the victim is less than 18 years of age, who is neither the defendant nor incarcerated, if the parent, guardian, or custodian so chooses.
(iv) A parent, guardian, or custodian of a victim who is mentally or emotionally unable to participate in the legal process if he or she is neither the defendant nor incarcerated.
(v) for the purpose of submitting or making an impact statement only, if the victim as defined in subparagraph (i) is deceased, is so mentally incapacitated that he or she cannot meaningfully understand or participate in the legal process, or consents to the designation as a victim of the following individuals other than the defendant:
(A) The spouse of the victim.
(B) A child of the victim if the child is 18 years of age or older.
(C) A parent of the victim.
(D) The guardian or custodian of a child of the victim if the child is less than 18 years of age.
(E) A sibling of the victim.
(F) A grandparent of the victim.
(G) A guardian or custodian of the victim if the victim is less than 18 years of age at the time of the commission of the crime and that guardian or custodian is not incarcerated.” MCL 780.752(1)(m).
•For purposes of MCL 780.766 (governing restitution under CVRA, Article 1 (Felony Article)), victim is “an individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a crime. As used in [MCL 780.766(2)], [MCL 780.766(3)], [MCL 780.766(6)], [MCL 780.766(8)], [MCL 780.766(9)], and [MCL 780.766(13)] only, victim includes a sole proprietorship, partnership, corporation, association, governmental entity, or any other legal entity that suffers direct physical or financial harm as a result of a crime.” MCL 780.766(1).
•For purposes of the CVRA, Article 2 (Juvenile Article), MCL 780.781 et seq., and except as otherwise defined in Article 2, victim is
“(i) A person who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of an offense, except as provided in subparagraph (ii), (iii), (iv), or (v).
(ii) The following individuals other than the juvenile if the victim is deceased, except as provided in subparagraph (v):
(A) The spouse of the deceased victim.
(B) A child of the deceased victim if the child is 18 years of age or older and sub-subparagraph (A) does not apply.
(C) A parent of a deceased victim if sub-subparagraphs (A) and (B) do not apply.
(D) The guardian or custodian of a child of a deceased victim if the child is less than 18 years of age and sub-subparagraphs (A) to (C) do not apply.
(E) A sibling of the deceased victim if sub-subparagraphs (A) to (D) do not apply.
(F) A grandparent of the deceased victim if sub-subparagraphs (A) to (E) do not apply.
(iii) A parent, guardian, or custodian of a victim who is less than 18 years of age and who is neither the juvenile nor incarcerated, if the parent, guardian, or custodian so chooses.
(iv) A parent, guardian, or custodian of a victim who is mentally or emotionally unable to participate in the legal process if he or she is neither the juvenile nor incarcerated.
(v) for the purpose of submitting or making an impact statement only, if the victim as defined in subparagraph (i) is deceased, is so mentally incapacitated that he or she cannot meaningfully understand or participate in the legal process, or consents to the designation as a victim of the following individuals other than the juvenile:
(A) The spouse of the victim.
(B) A child of the victim if the child is 18 years of age or older.
(C) A parent of the victim.
(D) The guardian or custodian of a child of the victim if the child is less than 18 years of age.
(E) A sibling of the victim.
(F) A grandparent of the victim.
(G) A guardian or custodian of the victim if the victim is less than 18 years of age at the time of the commission of the crime and that guardian or custodian is not incarcerated.” MCL 780.781(1)(j).
•For purposes of MCL 780.794 (governing restitution under CVRA, Article 2 (Juvenile Article)), victim is “an individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of an offense. As used in [MCL 780.794(2)], [MCL 780.794(3)], [MCL 780.794(6)], [MCL 780.794(8)], [MCL 780.794(9)], and [MCL 780.794(13)] only, victim includes a sole proprietorship, partnership, corporation, association, governmental entity, or any other legal entity that suffers direct physical or financial harm as a result of an offense.” MCL 780.794(1)(b).
•For purposes of the CVRA, Article 3 (Misdemeanor Article), MCL 780.811 et seq., and except as otherwise defined in Article 3, victim is
“(i) An individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a serious misdemeanor, except as provided in subparagraph (ii), (iii), (iv), or (v).
(ii) The following individuals other than the defendant if the victim is deceased, except as provided in subparagraph (v):
(A) The spouse of the deceased victim.
(B) A child of the deceased victim if the child is 18 years of age or older and sub-subparagraph (A) does not apply.
(C) A parent of a deceased victim if sub-subparagraphs (A) and (B) do not apply.
(D) The guardian or custodian of a child of a deceased victim if the child is less than 18 years of age and sub-subparagraphs (A) to (C) do not apply.
(E) A sibling of the deceased victim if sub-subparagraphs (A) to (D) do not apply.
(F) A grandparent of the deceased victim if sub-subparagraphs (A) to (E) do not apply.
(iii) A parent, guardian, or custodian of a victim who is less than 18 years of age and who is neither the defendant nor incarcerated, if the parent, guardian, or custodian so chooses.
(iv) A parent, guardian, or custodian of a victim who is so mentally incapacitated that he or she cannot meaningfully understand or participate in the legal process if he or she is not the defendant and is not incarcerated.
(v) for the purpose of submitting or making an impact statement only, if the victim as defined in subparagraph (i) is deceased, is so mentally incapacitated that he or she cannot meaningfully understand or participate in the legal process, or consents to the designation as a victim of the following individuals other than the defendant:
(A) The spouse of the victim.
(B) A child of the victim if the child is 18 years of age or older.
(C) A parent of the victim.
(D) The guardian or custodian of a child of the victim if the child is less than 18 years of age.
(E) A sibling of the victim.
(F) A grandparent of the victim.
(G) A guardian or custodian of the victim if the victim is less than 18 years of age at the time of the commission of the crime and that guardian or custodian is not incarcerated.” MCL 780.811(1)(h).
•For purposes of MCL 780.826 (governing restitution under CVRA, Article 3 (Misdemeanor Article)), victim is “an individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a misdemeanor. As used in [MCL 780.826(2)], [MCL 780.826(3)], [MCL 780.826(6)], [MCL 780.826(8)], [MCL 780.826(9)], and [MCL 780.826(13)] only, victim includes a sole proprietorship, partnership, corporation, association, governmental entity, or any other legal entity that suffers direct physical or financial harm as a result of a misdemeanor.” MCL 780.826(1)(b).
•For purposes of the Setting Aside Convictions Act (SACA), MCL 780.621 et seq., victim is “defined in . . . the William Van Regenmorter crime victim’s rights act, . . . MCL 780.752, [MCL] 780.781, and [MCL] 780.811.” MCL 780.621(4)(j).
•For purposes of the Human Trafficking Victims Compensation Act (MCL 752.981 et seq.), victim “means a victim of a violation of . . . MCL 750.462a to [MCL] 750.462h.” MCL 752.982.
•For purposes of the Crime Victims Compensation Board Act (MCL 18.351 et seq.), victim is “a person who suffers a personal injury as a direct result of a crime.” MCL 18.351(k).
•For purposes of subchapter 2.400 of the Michigan Court Rules, videoconferencing “means the use of an interactive technology, including a remote digital platform, that sends video, voice, and/or data signals over a transmission circuit so that two or more individuals or groups can communicate with each other simultaneously using video codecs, monitors, cameras, audio microphones, and audio speakers. It includes use of a remote video platform through an audio-only platform.” MCR 2.407(A)(2).
•For purposes of the Disseminating, Exhibiting, or Displaying Sexually Explicit Matter to Minors, Part I Sexually Explicit Matter (MCL 722.671 et seq.), video game is “an object or device that stores recorded data or instructions generated by a person who uses it, and by processing the data or instructions creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, game console, or other technology.” MCL 722.673(j).
•For purposes of MCL 600.2163a, a videorecorded statement “means a witness’s statement taken by a custodian of the videorecorded statement as provided in [MCL 600.2163a(7)]. Videorecorded statement does not include a videorecorded deposition taken as provided in [MCL 600.2163a(20)-(21)].” MCL 600.2163a(1)(e).
•For purposes of MCL 750.145e, video service is defined in MCL 484.3301 et seq. See MCL 750.145e(2)(v). MCL 484.3301(2)(p) defines video service as “video programming, cable services, IPTV [internet protocol television], or OVS [open video system] provided through facilities located at least in part in the public rights-of-way without regard to delivery technology, including internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider defined in 47 USC 332(d) or provided solely as part of, and via, a service that enables users to access content, information, electronic mail, or other services offered over the public internet.” MCL 484.3301(2)(p).
•For purposes of MCR 6.106(B)(1), violent felony is a felony that contains an element involving “a violent act or threat of a violent act against any other person.” MCR 6.106(B)(2).
•For purposes of MCL 771.2a, the Setting Aside Convictions Act (SACA), MCL 780.621 et seq., and MCL 791.236, violent felony “means an offense against a person in violation of . . . [MCL 750.82, MCL 750.83, MCL 750.84, MCL 750.86, MCL 750.87, MCL 750.88, MCL 750.89, MCL 750.316, MCL 750.317, MCL 750.321, MCL 750.349, MCL 750.349a, MCL 750.350, MCL 750.397, MCL 750.520b, MCL 750.520c, MCL 750.520d, MCL 750.520e, MCL 750.520g, MCL 750.529, MCL 750.529a, or MCL 750.530].” MCL 791.236(20); see also MCL 771.2a(14)(g) and MCL 780.621(4)(k) (both defining violent felony as that term is defined in MCL 791.236).
•For purposes of the Revised Judicature Act, Mental Health Court Chapter (MCL 600.1090 et seq.), violent offender “means an individual who is currently charged with, or has been convicted of, an offense involving the death of, or a serious bodily injury to, any individual, whether or not any of these circumstances are an element of the offense, or with criminal sexual conduct in any degree.”
•For purposes of MCL 600.2163a, vulnerable adult “means that term as defined in . . . MCL 750.145m.” MCL 600.2163a(1)(f). MCL 750.145m(u) defines vulnerable adult as “one or more of the following:
(i) An individual age 18 or over who, because of age, developmental disability, mental illness, or physical disability requires supervision or personal care or lacks the personal and social skills required to live independently.
(ii) An adult as defined in . . . MCL 400.703.
(iii) An adult as defined in . . . MCL 400.11.”
•For purposes of the Michigan Penal Code, Children Chapter (MCL 750.135 et seq.), vulnerable adult “means that term as defined in [MCL 750.145m].” MCL 750.145h(5)(b). MCL 750.145m defines vulnerable adult as “1 or more of the following:
(i) An individual age 18 or over who, because of age, developmental disability, mental illness, or physical disability requires supervision or personal care or lacks the personal and social skills required to live independently.
(ii) An adult as defined in [MCL 400.703(1)(b)].
(iii) An adult as defined in [MCL 400.11(b)].”
W
•For purposes of MCL 600.2163a, witness is “an alleged victim of an offense listed under [MCL 600.2163a(2)] who is any of the following:
(i) A person under 16 years of age.
(ii) A person 16 years of age or older with a developmental disability.
(iii) A vulnerable adult.” MCL 600.2163a(1)(g).