Criminal Sexual Conduct in Minnesota
Under Minnesota law, criminal sexual conduct falls into five different degrees. The most severe form of crimes are first degree criminal sexual conduct, and the least severe is fifth degree criminal sexual conduct. What actions were taken, as well as factors like the victim’s age and ability to give legal consent, are what determine where someone’s misconduct falls, according to the University of Minnesota.
The first, and most severe, degree of sexual conduct charges may be brought when the victim was very young (under the age of the 13), was unable to consent, violence or the threat of violence was used, and penetrative intercourse occurred. If the victim was injured, that will also play into these charges. The penalty is up to 30 years in prison, and up to a $40,000 fine. Minnesota statute 609.342.
Second degree sexual conduct crimes also tend to be brought in instances of violence, or the threat of violence, if the victim was quite young, or unable or unwilling to consent. While there may still have been injury, penetration did not occur in second degree conduct. The penalty is up to 25 years in prison, and up to a $35,000 fine. Minnesota statute 609.343.
Third degree sexual conduct crimes tend to be referred to as aggravated contact, rather than as assault. No violence, or threat of violence, is used in these crimes, and typically no penetration or injury occurs. The penalty is up to 15 years in prison, and up to a $30,000 fine. Minnesota statute 609.344.
Fourth degree sexual conduct crimes involve aggravated contact, as well, but they also tend to involve situations where the victim was not legally able to consent to the sexual contact. Statutory rape often falls into this particular category because while a young victim might have been a willing participant, they were not legally able to consent to what took place. The penalty is up to 10 years in prison, and up to a $20,000 fine. Minnesota statute 609.345.
The fifth and final degree of sexual conduct crimes involves unwanted sexual contact, and lewd actions. This could include making unwanted sexual advances, groping, and other forms of conduct that don’t injure the victim, or result in injury, but still violate their consent. The penalty is up to 1 year in prison, and up to a $3,000 fine, however, some repeat offenses may be punishable by up to 5 years in prison, and up to a $10,000 fine. Minnesota statute 609.3451.
Every Case Is Unique
While there is a general scale of severity when it comes to sex crimes in Minnesota, it’s important to remember that every sex crime comes with its own, unique set of circumstances. Everything from what an aggressor said, to where the crime took place, to whether the victim was capable of giving consent will play into the case. It’s complex, and that is why it’s important to have someone capable of navigating those difficult waters.
If you, or someone you love, is involved in a sex crime in Minnesota, make sure you get them a representative who will do the best they can. If you have questions, or need help, simply contact us today!
]]>“The alleged victim was 6 at the time that it was reported and 8 when she testified in court. They are difficult to prove beyond a reasonable doubt because you’re dealing with a child’s memory and a lack of physical evidence.”Laabs’ defense attorney, Erica Sutherland, masterfully argued that those very facts—the lack of physical evidence and unreliability of the child’s testimony—were more dispositive of innocence than guilt. The jury agreed, and Laabs was acquitted. Following the verdict, Sutherland also spoke with reporters:
“Being accused of sexually abusing a child is the worst possible crime any man can be accused of. Mr. Laabs is innocent of these terrible charges and he can finally move forward with his life. My heart goes out to the child, who clearly has some challenges.”What Are the Laws Governing Sexual Assault in Minnesota? Minnesota law (as detailed in Minnesota Statues 609.342) combines rape and sexual assault into the broad category, “criminal sexual conduct.” The statute is divided into five degrees of criminal sexual conduct, the penalties for which vary according to the nature of the alleged sexual activity and the age of the victim. Following are descriptions of those five degrees, along with associated penalties: First Degree Criminal Sexual Conduct First degree criminal sexual conduct in Minnesota involves sexual penetration (either oral, vaginal or anal) of anyone, or sexual contact with a victim under the age of 13— “sexual contact” means intentionally touching the victim’s bare genitals or anus with sexual or aggressive intent. When the victim is under 13, the defendant must be at least 3 years older than the victim. If the victim is 13 to 16 years of age, the defendant must be 4 years older and in a position of authority. The penalties for first degree criminal sexual conduct are severe: a maximum of 30 years in prison and a fine of $40,000. The mandatory minimum sentence is at least 12 years in prison. Second Degree This is a less serious offense. It involves engaging in sexual contact such as intentionally touching the victim’s intimate parts by coercion, including touching over clothes. The maximum sentence is 25 years in prison and a fine of $35,000. The minimum sentence is generally 7.5 years in prison. Third Degree Third degree criminal sexual conduct involves sexual penetration with a victim under 13, but in cases in which the defendant is no more than 2 years older. In other words, if penetration occurs with a 13-year old, it would be first degree conduct if the defendant is 17, but third degree if the defendant is 15. The maximum penalty is 15 years imprisonment and a $30,000 fine. The maximum is reduced to 5 years if the victim is 13 to 15 and the defendant 2 to 4 years older. Fourth Degree This is similar to third degree, with the difference that no penetration is involved. The penalties for fourth degree include up to 10 years in prison and a fine up to $20,000. Fifth Degree Fifth degree criminal sexual conduct occurs when the defendant has “nonconsensual sexual contact” with the victim, including attempting to remove the victim’s clothing covering intimate parts if done with sexual or aggressive intent, or masturbating or exposing the defendant’s genitals in the presence of a child under the age of 16. Fifth degree criminal sexual conduct is generally treated as a gross misdemeanor punishable by up to 1 year in prison and a fine of up to $3,000. If the defendant has a prior conviction, however, it could be a felony leading to as much as 7 years in prison and a fine of up to $14,000. Conclusion If you are facing felony charges—for criminal sexual conduct, DWI/DUI, drug crimes, theft crimes, or anything else—you need to work with an accomplished criminal defense attorney with deep knowledge of Minnesota criminal law and a record of helping defendants win their cases. Matthew Martin is that kind of criminal defense attorney—highly respected by peers and clients, and a vigorous defender of defendants’ rights. To learn more about our criminal defense services, or to schedule a free case evaluation, contact us today.]]>