Hart man faces prison for sexually assaulting two girls.

April 11, 2022

Hart man faces prison for sexually assaulting two girls.

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By Allison Scarbrough, Editor.

Avila

HART — A 40-year-old Hart man pleaded “no contest” in 27th Circuit Court Monday, April 11, to one count of first-degree criminal sexual conduct and one count of second-degree CSC.

Jose Adrian Avila, of 3609 N. Karen St., faces a minimum prison term of 42-70 months, said Oceana County Prosecutor Joseph Bizon, and his maximum term will be set by Judge Bradley D. Lambrix.

Avila admitted that he engaged in sexual activity of two girls, ages 13 and 11, in Hart Township during a time period between 2018 and 2021, said Bizon.

One occurrence was sexual penetration of the the older child, and one was a touching incident involving the younger child.

“There were variables that made the offense on the older child a CSC, first-degree, but the mandatory minimum (of 25 years) applies to cases when the victim is less than 13,” said Bizon. “The other case did not rise above a CSC second-degree. Mandatory minimums do not apply to CSC second-degree even when the victim is under 12.” 

A first-degree CSC conviction is punishable by up to life in prison, and second-degree CSC carries a 15-year maximum.

Avila was arrested by the Oceana County Sheriff’s Office, Feb. 17, and his bail was set at $75,000/cash/surety/10 percent.

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