St. Paul Sex Crimes Lawyer Takes a Closer Look at the Sex Crimes Statutes.

Sex crimes are the most challenging cases in Minnesota criminal courtrooms. They are frequently complicated, extremely emotional and the consequences can be the most severe of any cases including murder cases. As a result, it is critical to turn to an experienced criminal defense lawyer who has experience handling these kinds of cases to help you through the process. We suggest finding a:

• Board Certified Criminal Law Specialist;

• Decades of experience;

• An Criminal Defense Lawyer with extensive experience handling sex crimes;

• A Former prosecutor to understand what the prosecutors are doing;

• An award winning lawyer with the result to back it up.

All of these requirements are necessary. However, most importantly, find somebody that you can work with. These cases are difficult and take a long time and can be some of the most challenging and sensitive cases that exist. Below is a general description of each of the levels of sexual assault that exist in Minnesota.

CRIMINAL SEXUAL CONDUCT IN THE 1ST DEGREE: Minnesota Statute 609.342.

Criminal Sexual Conduct in the 1st Degree is absolutely the most serious charge a defendant can face in Minnesota. it is a presumptive prison commit and the registration requirements for a sexual predatory are typically the most extreme available. These charges almost certainly apply to children.

Minnesota Sex Crimes in the 1st Degree can be charged under any of the following circumstances:

• Sex or sexual contact with a person under 13 years old if the actor was more than 36 months older

• Sex with a person 13 to 16 years old if the actor was more than 48 months older

• Sex with a person under 16 years old if the actor had a significant relationship with the individual

• The use or threat of great bodily harm to accomplish sexual penetration

• The complainant suffered a personal injury during un-consenting sex

This offense is most frequently charged in cases involving child sexual abuse, forcible rape and child molestation.  While there are always defenses in any criminal case, mistake of age if not defensible to this 1st Degree Criminal Sexual Conduct.   

Possible Penalties to Minnesota 1st Degree Criminal Sexual Conduct:

A defendant potentially faces up to 30 years in prison, and possibly longer if other aggravating factors exist. A defendant also faces up to a $40,000 fine.

CRIMINAL SEXUAL CONDUCT IN THE 2ND DEGREE: Minnesota Statute 609.343.

Criminal Sexual Conduct in the 2nd degree is charged less often than the first degree charge but typically applies to children. While it is more commonly charged as a third degree, the ramifications can still be severe. Further the sexual predator registration requirements can be just as bad depending upon the age of the complaining witness/victim.

Minnesota Criminal Sexual Conduct in the 2nd Degree is similar to 1st Degree although it does not require actual penetration as one of the elements but otherwise, circumstances found in 1st degree charge apply.  Mistake as to age is still not a defense. 

Possible Penalties to Minnesota 2nd Degree Criminal Sexual Conduct:

A defendant potentially faces up to 25 years in prison, and possibly longer if other aggravating factors exist. A defendant also faces up to a $35,000 fine.

CRIMINAL SEXUAL CONDUCT IN THE 3RD DEGREE: Minnesota Statute 609.344.

3rd Degree Criminal Sexual Conduct if frequently charged during what is commonly known as date rape, where the complaining witness is allegedly under the influence and unable to give consent. These are also sometimes charges for statutory rape charges based upon age. Mistake as to age may apply in the 3rd Degree Criminal Sexual Conduct cases under certain circumstances.  

Minnesota Sex Crimes in the 3rd Degree with penetration can be charged under any of the following circumstances:

• The complainant is under 13 years old and the actor is no more than 36 months older

• The complainant is at least 13 years old but less than 16 years old and the actor is no more than 24 months older

• The complainant is at least 16 years old but less than 18 and the actor is more than 48 months older and in a position of authority

• The complainant is at least 16 years old but less than 18 and the actor has a significant relationship with the individual

• The complainant is a patient of a psychotherapist and there is an active psychotherapist-patient relationship

• The actor is a member of the clergy and the complainant was seeking the actor’s advice or counseling

• The actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless

Possible Penalties to Minnesota 3rd Degree Criminal Sexual Conduct:

A defendant potentially faces up to 15 years in prison, and possibly longer if other aggravating factors exist. A defendant also faces up to a $30,000 fine.

CRIMINAL SEXUAL CONDUCT IN THE 4TH DEGREE: Minnesota Statute 609.345. 

Minnesota Sex Crimes in the 4th Degree are similar to 3rd degree charges but applies when there is contact but not sexual penetration. There are defenses of age that may apply.    

Possible Penalties to Minnesota 4th Degree Criminal Sexual Conduct:

A defendant potentially faces up to 10 years in prison, and possibly longer if other aggravating factors exist. A defendant also faces up to a $20,000 fine.

CRIMINAL SEXUAL CONDUCT IN THE 5TH DEGREE: Minnesota Statute 609.346.

Minnesota Sex Crimes in the 5th Degree apply to non-consensual sexual contact and masturbation or lewd exhibition of genitals in the presence of a minor.  A Gross Misdemeanor would apply to a first offense but subsequent offenses are felony offenses.  A defendant also faces up to a $3,000 fine for a first offense and a $10,000 for each subsequent offense.