Understanding Criminal Sexual Conduct in Minnesota
Minnesota criminal law categorizes several offenses as sex crimes, and criminal sexual conduct charges can carry severe penalties. Many of these crime would commonly be referred to as “rape” or “sexual assault” but these are not the terms used by the Minnesota Statute.
It’s crucial to be aware of the five different degrees of criminal sexual conduct under Minnesota law to better understand the potential charges against you as well as the consequences if you were convicted of those charges.
Below is an overview of Minnesota’s five degrees of criminal sexual conduct, the associated penalties, and common questions regarding these offenses.
What Is Criminal Sexual Conduct in Minnesota?
As stated above, Minnesota law does not specify crimes like “sexual assault” or “rape” by name. Instead, the statutes outline five degrees of criminal sexual conduct, each covering various types and severities of sexual misconduct
First-Degree Criminal Sexual Conduct
First-degree criminal sexual conduct involves sexual penetration along with at least one aggravating factor, such as:
- The victim is under 13, and the accused is at least three years older.
- The victim is under 16, and the offense involves coercion, force, fear of bodily harm, or the use of a weapon or threats.
- The victim is placed in fear of great bodily harm.
- The victim is injured due to coercion or force.
- The victim is mentally incapacitated, impaired, or physically helpless.
- A dangerous weapon is used.
- An accomplice uses a weapon or force during the offense.
Penalties for First-Degree Criminal Sexual Conduct:
- Up to 30 years in prison.
- Fines of up to $40,000.
There is a mandatory minimum sentence of 12 years, and release after serving time usually includes conditions such as mandatory sex offender treatment and monitoring.
Second-Degree Criminal Sexual Conduct
Second-degree criminal sexual conduct shares similar criteria with first-degree charges, but it involves sexual contact instead of penetration.
Penalties for Second-Degree Criminal Sexual Conduct:
- Up to 25 years in prison.
- Fines of up to $35,000.
- Conditional release applies, similar to first-degree charges.
Third-Degree Criminal Sexual Conduct
Third-degree criminal sexual conduct also involves sexual penetration but with specific aggravating factors, such as:
- The victim is under 13, and the accused is at least three years older.
- The victim is 13 to 15 years old, and the accused is at least two years older.
- Force is used.
- The victim is mentally incapacitated or impaired.
- The accused falsely claims that penetration is for medical purposes.
- The accused involves another person who uses force or threatens to use a deadly weapon.
- The victim is 16 or 17, and the accused has authority over or a significant relationship with the victim and uses threats, coercion, or fear of bodily harm.
Penalties for Third-Degree Criminal Sexual Conduct:
- Up to 15 years in prison.
- Fines of up to $30,000.
- Conditional release may apply.
Fourth-Degree Criminal Sexual Conduct
Fourth-degree criminal sexual conduct typically involves sexual contact under the same circumstances as third-degree offenses, without penetration.
Penalties for Fourth-Degree Criminal Sexual Conduct:
Up to 10 years in prison.
Fines of up to $20,000.
Conditional release may apply.
Fifth-Degree Criminal Sexual Conduct
Fifth-degree criminal sexual conduct includes any non-consensual sexual activity, as well as:
- Indecent exposure or masturbating in the presence of a minor under 16.
- Non-consensual touching of intimate areas with sexual or aggressive intent.
- Attempting to remove or actually removing clothing covering intimate parts.
Typically charged as a gross misdemeanor, fifth-degree offenses carry the following penalties:
- Up to 365 days in jail.
- Fines of up to $3,000.
For repeat offenders, the charge can escalate to a felony, punishable by up to 7 years in prison and fines of up to $14,000.
Do You Need to Register as a Sex Offender?
Not all sex crimes require registration as a sex offender, but many do. Convictions for first- through fourth-degree criminal sexual conduct, kidnapping, false imprisonment, felony indecent exposure, or possession of child pornography can require registration.
