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What Is Considered a Sex Crime in Minnesota?

What Is Considered a Sex Crime in Minnesota?Photo from Unsplash

Originally Posted On: https://campolidefense.com/what-is-considered-a-sex-crime-in-minnesota/

 

In Minnesota, specific criminal statutes do not exist for individual sex offenses. Instead, the state recognizes a range of sex offenses under the umbrella term “criminal sexual conduct” and classifies them into five distinct degrees. The five degrees of criminal sexual conduct in Minnesota are as follows:

First Degree (Minn. Stat. § 609.342): This degree of criminal sexual conduct is a felony level offense with a maximum sentence of 30 years imprisonment, or payment of a $40,000 fine, or both. This charge encompasses cases where an adult complainant accuses the alleged offender of sexual penetration through force, coercion, use of weapons, or other violent acts. It also applies when the alleged offender engages in sexual acts, whether penetration or contact, with an underage complainant.

Second Degree (Minn. Stat. § 609.343): This degree criminal sexual conduct is a felony level offense with a maximum sentence of 25 years, or payment of a fine of not more than $35,000, or both. This charge applies to cases involving sexual contact with an adult or minor complainant under specific aggravating circumstances. Examples of aggravating circumstances include the use of force, coercion, dangerous weapons, or causing the complainant to fear serious bodily harm.

Third Degree (Minn. Stat. § 609.344): Third-degree criminal sexual conduct is generally a felony offense, but it can be reduced to a gross misdemeanor if certain conditions are met. The penalties can include imprisonment for up to 15 years and/or significant fines of not more than $30,000. This classification of criminal sexual conduct involves cases of sexual penetration through coercion or force, or when the complainant is under 14 years of age or incapacitated.

Fourth Degree (Minn. Stat. § 609.345): Fourth-degree criminal sexual conduct can be charged as either a felony or a gross misdemeanor, depending on the circumstances. The penalties can include imprisonment for up to 10 years and/or fines not more than $20,000. This degree applies to cases of sexual contact involving force, coercion, or when the complainant is below 14 years of age or incapacitated.

Fifth Degree (Minn. Stat. § 609.3451): Fifth-degree criminal sexual conduct may be charged as either a felony or a gross misdemeanor, depending on the circumstances. The penalties can include imprisonment for up to seven years, a maximum fine of not more than $14,000, or both. This degree of criminal sexual conduct encompasses non-consensual sexual penetration and contact, as well as lewd behaviors, including masturbation, in the presence of a child under 16 years of age.

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