MINNESOTA CRIMINAL SEXUAL CONDUCT DEFENSE ATTORNEYS
Criminal sexual conduct in Minnesota is classified into five categories. The severity of the charge involves the type of sexual conduct, the victim's age relative to the perpetrator, and whether penetration of the victim occurred. Minnesota criminal sexual conduct and rape statutes contain six categories of criminal sexual offenses:
First Degree Criminal Sexual Conduct
- Second Degree Criminal Sexual Conduct
- Third Degree Criminal Sexual Conduct
- Fourth Degree Criminal Sexual Conduct
- Fifth Degree Criminal Sexual Conduct
- Criminal Sexual Predatory Conduct
FIRST-DEGREE CRIMINAL SEXUAL CONDUCT
First-degree criminal sexual conduct requires proof of "sexual penetration" and one or more of the following elements:
(1) victim is under 13 and the defendant is over 3 years older;
(2) victim is 13, 14, or 15, defendant is 4 years older, the defendant is in position of authority over victim, and the defendant uses that position so victim will submit;
(3) victim is under 16, and the defendant has significant relationship to victim; or the defendant has significant relationship to victim, and uses force or coercion, uses or threatens use of a real or fake weapon, causes victim reasonable fear of imminent great bodily harm, causes personal injury to the victim, or there are multiple sexual acts committed over an extended time;
(4) victim has reasonable fear of great bodily harm;
(5) a dangerous weapon is used or threatened;
(6) the defendant causes personal injury to victim, and the defendant used force or coercion or the defendant knows or has reason to know victim is mentally impaired, mentally incapacitated, or physically helpless; or
(7) the defendant is aided or abetted by accomplices, an accomplice uses force or coercion, or an accomplice uses or threatens to use a real or fake dangerous weapon.
SECOND-DEGREE CRIMINAL SEXUAL CONDUCT
Second-degree criminal sexual conduct requires proof of "sexual contact" with elements the same as first-degree criminal sexual conduct. No "sexual penetration" is necessary.
THIRD-DEGREE CRIMINAL SEXUAL CONDUCT
Third degree criminal sexual conduct requires proof of "sexual penetration" and one or more of the following elements:
(1) victim is under 13, and defendant is less than 3 years older;
(2) victim is 13, 14, or 15, and defendant is 2 years older;
(3) victim is 16 or 17, and defendant has significant relationship to victim; or defendant is in position of authority over victim, and defendant is over 4 years older, and uses that position so victim will submit; or the defendant has a significant relationship to victim, and uses force or coercion, uses or threatens use of a real or fake weapon, causes victim reasonable fear of imminent great bodily harm, causes personal injury to the victim, or there are multiple sexual acts committed over an extended time;
(4) defendant uses force or coercion;
(5) defendant knows or has reason to know victim is mentally impaired, mentally incapacitated, or physically helpless;
(6) defendant is aided or abetted by accomplices, and an accomplice uses force or coercion, or an accomplice uses or threatens the use of a real or fake dangerous weapon;
(7) defendant is a psychotherapist, and victim is a patient, and the act occurs during a therapy session; or victim is a patient or former patient, and the victim is emotionally dependent on defendant; or victim is a patient or former patient, and the act results from a therapeutic deception; or
(8) defendant is a health care professional, and the act occurs using false representation that it is for a bona fide medical purpose.
FOURTH DEGREE CRIMINAL SEXUAL CONDUCT
Fourth-degree sexual conduct requires proof of "sexual contact" with elements the same as third degree criminal sexual conduct. Other elements are: victim is 13, 14, or 15, and defendant is 4 years older; or defendant is in a position of authority, and uses that position so victim will submit
FIFTH-DEGREE CRIMINAL SEXUAL CONDUCT
Any nonconsensual sexual contact is a gross misdemeanor, including removing or attempting to remove clothes over intimate parts, exclusive of the buttocks.
CRIMINAL SEXUAL PREDATORY CONDUCT
A person is guilty of criminal sexual predatory conduct if the person commits a predatory crime that was motivated by the offender's sexual impulses or was part of a predatory pattern of behavior that had criminal sexual conduct as its goal.