4.7Application of the Habitual Offender Provisions to Subsequent Criminal Sexual Conduct (CSC) Convictions

A defendant convicted of a second or subsequent violation of MCL 750.520b (CSC-I), MCL 750.520c (CSC-II), or MCL 750.520d (CSC-III) must be sentenced to a mandatory minimum term of at least five years. MCL 750.520f(1).¹ Additionally, a mandatory sentence of imprisonment for life without the possibility of parole must be imposed following conviction of CSC-I if the victim is less than 13 years of age and the defendant is 18 years of age or older and has a previous conviction of an enumerated sex crime against an individual less than 13 years of age. MCL 750.520b(2)(c).

Because the habitual offender statutes address a defendant’s maximum possible sentence and the subsequent offense provisions of MCL 750.520f address a defendant’s minimum possible sentence, enhancement under both statutes is permitted. People v VanderMel, 156 Mich App 231, 234-237 (1986). In addition, application of the habitual offender statutes and MCL 750.520f may be based on the same previous felony conviction. People v James, 191 Mich App 480, 482 (1991).

Similarly, MCL 750.145g requires persons convicted of a second or subsequent offense under MCL 750.145c (offenses involving child sexually abusive activity or material) be sentenced to a mandatory minimum sentence of not less than 5 years.² For purposes of MCL 750.145g, “an offense is considered a second or subsequent offense if, prior to conviction of the second or subsequent offense, the person has been convicted under [MCL 750.145c] or of another crime involving a sexual offense against a minor.” MCL 750.145g.

In contrast to the habitual offender statutes,³ additional notice is not required to proceed against a defendant charged as a subsequent offender under MCL 750.520f. People v Eason, 435 Mich 228, 249 n 35 (1990). See also MCL 750.520f.