Can Juveniles be Charged with Sex Crimes in Minnesota?

Can juveniles in Minnesota be charges with sex crimes like rape, child molestation, sexting, child pornography and more? The short answer is yes but it is far more complicated than that. If you or a loved one are facing charges, contact an experienced criminal defense attorney. Jack Rice Defense will provide you with a free confidential consultation.

Let’s start with some basics and a hypothetical to illustrate the point:

A woman in Minnesota receives a call from a neighbor who tells her that her 16 year old son molested the neighbor’s two elementary school age kids. While it is a horrible allegation, what does this mean to the 16 year old?  

• Could the 16 year old be charged with criminal sexual conduct in Juvenile Court? Yes but it might not stay there.

• Could the 16 year old be required to register as a sex offender if convicted? Yes and it could last for years.

• Could the 16 year old be certified as an adult and face adult prosecution? Yes and the presumption is that they will be.

• Could the 16 year old go to prison and serve an adult criminal sentence? Yes, they could face an adult sentence.

• Could the 16 year have a conviction on their record for the rest of their life? Yes if they are convicted in adult court.

These basic points highlight the seriousness that criminal sexual conduct charges can have on the life of a juvenile who is facing charges.

What Consequences Could a Juvenile Face for Criminal Sexual Conduct Charges in Minnesota?

A juvenile charged with a sex crime in Minnesota may be charged in Juvenile Court and it may stay there. However, because of the nature of sex crimes, there is the very real threat that juvenile sex crimes in Minnesota could end up in Adult Criminal Court.  Therefore, it is critical that you have an experienced Minnesota criminal defense attorney who has extensive experience with sex crimes in both Juvenile and Adult Criminal Court. Contact Jack Rice Defense for a free consultation.

Sex Crimes in Juvenile Court in Minnesota  

Simply put, if convicted of a sex offense in juvenile court, a juvenile could face:

• A felony juvenile sex crime conviction;

• Potential placement in a juvenile facility;

• A lengthy sexual predator registration requirement for those as young as 10;

• Sex offender treatment program. 

The Court would retain jurisdiction until the person turns 18. While this outcome is far preferred to an adult conviction, it is no cake-walk and can come with ramifications that will follow that child into adulthood.

Sex Crimes and Extended Juvenile Jurisdiction (EJJ) in Minnesota

EJJ is sort of a hybrid system in Minnesota that allows a juvenile to potentially keep a case in juvenile court. That in itself sounds great.  However, it also comes with enormous risks including:

• A felony juvenile sex crime conviction;

• Court oversight continues until the age of 21;

• A lengthy sexual predator registration requirement;

• Sex offender treatment program;

• The potential for an adult conviction;

• The potential for an adult criminal sentence.

As you can see, it can be both a gift and a curse. 

Sex Crimes Where a Juvenile is in Adult Court in Minnesota

Because of the nature of criminal sexual assault charges, if a child is between the ages of 14 and 17, the State could move the Court to certify the juvenile charge to adult court. If gets even worse if the child is 16 or 17 because a felony criminal sexual conduct charge in Minnesota comes with a presumptive certification as an adult.  This means it is assumed that the child will face adult charges. This could result in:

• An Adult Felony sex crime conviction;

• A sexual predator registration requirement (10 years to life);

• Sex offender treatment program;

• Presumptive adult prison commit in certain charges.

If the police call and want to talk to you or your child about these kinds of allegations, do not talk to the police.  They are not here to help.  They are here to develop a case for prosecution and you have no idea where that might lead. 

If you or someone you know is facing a juvenile sex crime in Minnesota, contact an experienced criminal defense attorney. These kinds of charges can spin out of control very quickly. Even more, they may turn into adult charges before you know it.  

Jack Rice is a Board Certified Criminal Law Specialist, former prosecutor, former U.S. Federal Agent, and Founder of Jack Rice Defense.  Contact us for a free confidential consultation or call 651-447-7650 or 612-227-1339.