Criminal Sexual Conduct Charges in Minnesota

Criminal sexual conduct charges or “sex crimes” in Minnesota include conduct of rape, sexual conduct or sexual assault.  A conviction for one of these crimes can have severe consequences such as prison, fines and treatment.  You can also be required to register as a sex offender.  Additionally, you will be labeled as a felon.  Therefore, criminal sexual conduct charges are serious.  That is why it is important to seek advice from a criminal defense attorney with experience defending these types of cases.

What to do if the police want to speak to you about an incident?

If you have been contacted by the police, you should resist the temptation to “tell your side of the story.”  An experienced defense attorney will always tell you not to speak to the police.  If you have been charged or are under investigation for criminal sexual conduct, call an attorney immediately.  Anthony Grostyan has over 18 years of experience defending clients accused of criminal sexual conduct.  Call 612-341-6575 to speak to an attorney today.

First Degree Criminal Sexual Conduct

First Degree Criminal Sexual Conduct  609.342. This charge is punishable by up to 30 years in prison and a fine of up to $40,000.  You can be charged with this crime under many different scenarios, including but not limited to the following scenarios:

  1. Engaging in sexual penetration with the victim.  Only sexual contact is required if the victim was under 13 years old at the time of the incident.  Sexual contact includes many different forms of contact.   609.341, subdivision 11, paragraph (c).  This charge involves a situation where the victim was under 13 years old and you were more than 36 months older than the victim.  Any mistake as to the victim’s age is not a defense.  Similarly, you cannot use the victim’s consent as a defense to this crime.
  2. Engaging in sexual penetration with the victim when they were between 13 and 16 years old.  Under this scenario, you must be 48 months older than the victim.  You also must have been in a position of authority over the victim.  Thus, whether or not you were in a position of authority is an important issue that your attorney should pursue in defending your case is .
  3. If the victim was an adult, you can also be charged with first degree criminal sexual conduct.   For instance, if the victim was in fear of imminent bodily harm.  Also, if the victim told the police that, during the act, you had a gun, knife or a dangerous weapon.  Another way you can be charged is if you are accused of causing a physical injury to the victim and you used force to commit the act, the person was helpless, incapacitated.  Incapacitated can involve a situation where the other person was drunk, high or mentally impaired.
Second Degree Criminal Sexual Conduct

Second Degree Criminal Sexual Conduct  609.343.  This charge includes sexual contact of a child or a mentally impaired person and use of a weapon.  A conviction under this statute can result in 25 years in prison and a fine of up to $35,000.

Third and Fourth Degree Criminal Sexual Conduct

Third Degree Criminal Sexual Conduct 609.344 and Fourth Degree Criminal Sexual Conduct 609.345.  These are felony offenses.  They are punishable by 15 years of prison and a fine of up to $30,000.

Fifth Degree Criminal Sexual Conduct

Fifth Degree Criminal Sexual Conduct 609.3451. This crime is a Gross Misdemeanor. This involves non-consensual sexual contact and is punishable by up to  a year in jail and a fine of $3,000.

Consequences of a Conviction

Many of the criminal sexual conduct charges carry mandatory prison sentences.  A conviction for criminal sexual conduct cannot be expunged from your record.  You will be required to register as a sex offender.  You will be prohibited from living within a certain distance from schools and parks.  A conviction can prevent you from getting a job.  It could also prevent you from renting an apartment.  For all of these reasons, it is important to get advice from a criminal defense attorney before speaking to anyone else.   Contact an attorney before you lose your rights. 612-341-6575.