Lifetime electronic monitoring required for all CSC 1 offenses.

In People v Brantley, __ Mich App __ (#298488, 5/17/2012) the Court of Appeals held that MCL 750.520n(1) requires the trial court to impose lifetime electronic monitoring in either of two different circumstances: (1) when any defendant is convicted of CSC-I under MCL 750.520b, and (2) when a defendant who is 17 years old or older is convicted of CSC-II under MCL 750.520c against a victim who is less than 13 years old.

Defendants convicted of CSC-I under MCL 750.520b, regardless of the age of the defendant or the age of the victim, must be ordered to submit to lifetime electronic monitoring. MCL 750.520b(2)(d); MCL 750.520n(1).  The Court of Appeals thereby held that the Legislature intended the modifying phrase “for criminal sexual conduct committed by an individual 17 years old or older against an individual less than 13 years of age” to apply only to convictions of second-degree criminal sexual conduct (CSC-II) under MCL 750.520c, and not to convictions of CSC-I under MCL 750.520b.