LIVINGSTON COUNTY, Mich - According to Livingston County Circuit Court records, 26-year-old Alan Nievas-Garnica pled guilty to criminal sexual conduct in the third degree for a crime he committed against a 15-year-old girl in the county on October 22, 2023.

Nievas-Garnica was sentenced on February 15 to a minimum of one year and six months to a maximum of 15 years in prison.

According to transcripts from a court appearance on January 19, 2024, Judge Michael Hatty asked Nievas-Garnica if he was a citizen of the United States. Nievas-Garnica responded by saying, “No.”

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During Nievas-Garnica’s sentencing, a letter was read in court from the victim’s parents. The parents voiced their frustration that Nievas-Garnica was in the United States illegally.

Judge Hatty also said during the hearing the United States Immigrations and Customs Enforcement would be contacted regarding the defendant, Alan Nievas-Garnica. 

Nievas-Garnica is currently in a prison in Jackson, Michigan.

I went on the Michigan prison website to look for Nievas-Garnica’s picture and this is what I found below:

 

The website does not show Nievas-Garnica’s mugshot, which is unusual. Most of the current inmates have a mugshot posted on the website.

I reached out to Green Oak Twp, Police Chief Steven Kramer, who said it was not confirmed if Nievas-Garnica was an illegal migrant. Kramer did not respond to further questions about the case.

A person is charged with third-degree criminal sexual conduct if they engage in sexual penetration under certain conditions, including if the victim is between 13 and 16 years old, if force or coercion is used, if the victim is mentally incapacitated or physically helpless, if the victim is a relative within the third degree and the act is not otherwise prohibited, or if the victim is a minor under specific circumstances involving school or care settings.

It's a felony punishable by up to 15 years in prison.

Defenses include situations where the accused was coerced by someone in authority, but the burden of proof is on the defendant. Special provisions cover victims aged 16 to 25 receiving special education, or those in child care, foster care, or similar settings, with specific stipulations regarding the perpetrator's relationship to the institution or the victim.

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