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Sexual conduct becomes a criminal matter if the other party did not consent to the contact. Under Minnesota law, “consent” means words or overt actions indicating a freely given and present agreement to perform a particular sexual act. Any preexisting relationship between the two parties is irrelevant as to whether the person consented or not. This is because consent is given freely and willingly and can be taken away at any point. If the other party was minor, the issue of whether consent was given is becomes irrelevant, and their consent cannot be used as a defense.

Minnesota’s criminal sexual conduct laws cover both sexual contact and sexual penetration. “Sexual contact” means the touching of intimate parts, regardless of whether the person was clothed or not. “Intimate parts” includes a person’s primary genital area, groin, inner thigh, buttocks, or breasts. “Sexual contact” can also mean intentionally putting seminal fluid on another person’s body, regardless of if the person was clothed or not. “Sexual penetration” means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion into the genital or anal openings.

In most cases, criminal sexual conduct is a registerable offense. This means that if you are found guilty of criminal sexual conduct and are convicted with a felony, you will be required to register as predatory offender.

If you have been charged with or are under investigation for criminal sexual conduct, the attorneys at Valentini law are here to help. Contact us at (612) 341-0900 to secure experienced and professional representation for your case.

First Degree Criminal Sexual Conduct

First degree criminal sexual conduct is the most severe of sex crimes and is a felony offense.  Sexual conduct rises to first degree criminal sexual conduct if there was sexual penetration and:

• You caused the other party to have a reasonable fear of imminent great bodily harm to themselves or another.
• You were armed with a dangerous weapon or led the other party to believe you were armed with a dangerous weapon in order to make them submit to the conduct.
• You caused personal injury to the other party and used coercion or force to accomplish the act.
• You caused personal injury to the other party and either knew or had reason to know that the other party was mentally impaired, mentally incapacitated, or physically helpless.
• You used force to accomplish the act.

Sexual conduct also rises to first degree criminal sexual conduct if there was sexual penetration and the other party was under the age of 18, or if there was sexual contact and the other party was under the age of 14, and any of the above-mentioned circumstances existed at the time of the conduct.

If you have been charged with first degree criminal sexual conduct, the penalties include up to 30 years in prison, with a mandatory minimum of 12 years in prison, and/or a $40,000 fine, as well as mandatory predatory offender registration.

Second Degree Criminal Sexual Conduct

Second degree criminal sexual conduct is a felony offense. Sexual conduct rises to second degree criminal sexual conduct if there was sexual contact and:

• You caused the other party to have a reasonable fear of imminent great bodily harm to themselves or another.
• You were armed with a dangerous weapon or led the other party to believe you were armed with a dangerous weapon in order to make them submit to the conduct.
• You caused personal injury to the other party and used coercion or force to accomplish the act.
• You caused personal injury to the other party and either knew or had reason to know that the other party was mentally impaired, mentally incapacitated, or physically helpless.
• You used force to accomplish the act.

Sexual conduct also rises to second degree criminal sexual conduct if there was sexual contact, the other party was under the age of 18, and any of the above-mentioned circumstances existed at the time of the conduct.

If you have been charged with second degree criminal sexual conduct, the penalties include up to 25 years in prison, with a mandatory minimum of 90 months in prison, and/or a $35,000 fine, as well as mandatory predatory offender registration.

Third Degree Criminal Sexual Conduct

Third degree criminal sexual conduct is a felony offense. Sexual conduct rises to third degree criminal sexual conduct if there was sexual penetration and:

• You used coercion to accomplish the penetration.
• You knew or had reason to know the other party was mentally impaired, mentally incapacitated, or physically helpless.
• You used force to accomplish the penetration.
• Ayou were in a prohibited occupational relationship with the other party, including but not limited to massage therapist, psychotherapist, provider of medical services, member of the clergy, police officer, or correctional facility employee/volunteer.

Sexual conduct also rises to third degree criminal sexual conduct if there was sexual penetration, the other party was under the age of 18, and any of the above-mentioned circumstances existed at the time of the conduct.

If you have been charged with third degree criminal sexual conduct, the penalties include up to 15 years in prison and/or a $30,000 fine, as well as mandatory predatory offender registration.

Fourth Degree Criminal Sexual Conduct

Fourth degree criminal sexual conduct is a felony offense. Sexual conduct rises to fourth degree criminal sexual conduct if there was sexual contact and:

• You used coercion to accomplish the penetration.
• You knew or had reason to know the other party was mentally impaired, mentally incapacitated, or physically helpless.
• You used force to accomplish the penetration.
• Ayou were in a prohibited occupational relationship with the other party, including but not limited to massage therapist, psychotherapist, provider of medical services, member of the clergy, police officer, or correctional facility employee/volunteer.

Sexual conduct also rises to fourth degree criminal sexual conduct if there was sexual contact, the other party was under the age of 18, and any of the above-mentioned circumstances existed at the time of the conduct.

If you have been charged with fourth degree criminal sexual conduct, the penalties include up to 10 years in prison and/or a $20,000 fine, as well as mandatory predatory offender registration.

Fifth Degree Criminal Sexual Conduct

Depending on the circumstances, fifth degree criminal sexual conduct may be a felony or a gross misdemeanor offense.

Fifth degree criminal sexual conduct is a felony offense if there was nonconsensual sexual penetration. If you have been charged with felony fifth degree criminal sexual conduct, the penalties include up to 2 years in prison and/or a $10,000 fine.

Fifth degree criminal sexual conduct is a gross misdemeanor offense if there was nonconsensual sexual contact, or if you engaged in masturbation or lewd exhibition of the genitals in the presence of a minor under the age of 16. If you have been charged with gross misdemeanor fifth degree criminal sexual conduct, the penalties include up to 364 days in jail and/or a $3,000 fine.

Fifth degree criminal sexual conduct is an enhanceable offense, meaning that if it is your second conviction within 10 years, the penalties are enhanced. If you have been charged with fifth degree criminal sexual conduct within 10 years of a prior conviction, the penalties include up to 7 years in prison and/or a $14,000 fine.