Facing a criminal sexual conduct charge in Minnesota is a serious and life-altering event. The potential for felony-level charges and significant prison time makes it essential for anyone accused of these crimes to secure strong legal representation.
At Sieben Edmunds Miller, our experienced attorneys know how to build a solid defense to protect your rights and future. In this blog, we will break down the different levels of criminal sexual conduct charges in Minnesota and explain why having an experienced defense attorney is critical.
What Are Criminal Sexual Conduct Charges?
Criminal sexual conduct charges in Minnesota are divided into five degrees based on the nature of the offense. These charges range from the most serious offenses involving sexual penetration to cases of inappropriate sexual contact. The severity of these charges depends on factors such as the age of the alleged victim, the relationship between the parties, and whether force or coercion was involved.
Understanding the details of the charges you are facing is crucial. Below, we outline the five levels of criminal sexual conduct charges in Minnesota.
First-Degree Criminal Sexual Conduct
First-degree criminal sexual conduct is the most serious charge and involves any form of sexual penetration. This includes vaginal, oral, or anal penetration, whether it was performed by the accused’s body or with an object. First-degree charges can also be brought if there is sexual contact with the bare genitals or anus of the alleged victim, especially if accompanied by aggressive or coercive behavior.
Key circumstances that could elevate a charge to first-degree criminal sexual conduct include:
- The alleged victim is under the age of 13, and the defendant is more than three years older.
- The alleged victim is between the ages of 13 and 16, and the defendant is at least four years older and in a position of authority (e.g., parent, teacher, or medical professional).
- The victim was placed in reasonable fear of physical harm.
- The defendant was armed with a weapon or threatened the use of a weapon.
- The defendant caused physical harm and used force or coercion to engage in sexual penetration.
- The alleged victim is mentally or physically impaired.
- The defendant had an accomplice who used force or possessed a weapon.
- The defendant had a significant relationship with the victim (such as a parent, guardian, or blood relative) and the victim was under 16 years old at the time.
Conviction of first-degree criminal sexual conduct can result in a prison sentence of up to 30 years and mandatory registration as a sex offender.
Second-Degree Criminal Sexual Conduct
Second-degree criminal sexual conduct shares many similarities with first-degree charges, but it does not involve penetration. Instead, these charges require proof of sexual contact. The circumstances that lead to second-degree charges are largely the same as those for first-degree charges, including the age of the alleged victim, the use of force or coercion, or the presence of a significant relationship between the accused and the alleged victim.
Even without penetration, a conviction for second-degree criminal sexual conduct can lead to long prison sentences, hefty fines, and mandatory registration on the sex offender list.
Third-Degree Criminal Sexual Conduct
Third-degree criminal sexual conduct involves sexual penetration but is considered less severe than first-degree charges. This charge typically applies when:
- The alleged victim is under 13 years old, and the defendant is less than three years older.
- The alleged victim is between 13 and 15 years old, and the defendant is at least two years older.
- The alleged victim is 16 or 17 years old, and the defendant holds a position of authority, uses coercion or force, has a significant relationship with the victim, or causes injury.
- The defendant is aware that the alleged victim is mentally impaired or physically helpless.
- The defendant had an accomplice who used force or threatened to use a weapon.
- The defendant is a psychotherapist, and the alleged victim is a patient with emotional dependency on the therapist or during a therapy session.
Conviction for third-degree charges can result in up to 15 years in prison and significant fines.
Fourth-Degree Criminal Sexual Conduct
Fourth-degree criminal sexual conduct is similar to third-degree charges but involves sexual contact rather than penetration. This can occur in cases where the accused used a position of authority to compel sexual contact or when the alleged victim is between the ages of 13 and 15, and the defendant is four years older.
Like other degrees, these charges carry serious penalties, including prison time and mandatory sex offender registration.
Fifth-Degree Criminal Sexual Conduct
Fifth-degree charges typically involve non-consensual sexual contact, such as groping or touching another person’s intimate areas without consent. Other circumstances that may lead to a fifth-degree charge include:
- Exposing one’s genitals in front of a person under the age of 16.
- Engaging in masturbation in the presence of a minor.
- Attempting to remove or removing clothing that covers someone’s intimate parts without their consent.
Although fifth-degree charges are less severe than others, they can still result in jail time, fines, and registration on the sex offender list.
Felony Charges and Their Long-Lasting Impact
Most criminal sexual conduct accusations in Minnesota result in felony charges, which carry severe, long-lasting consequences. A felony conviction can lead to years in prison, mandatory sex offender registration, and a permanent criminal record that affects every aspect of your life, from employment to personal relationships.
For first- and second-degree convictions, mandatory minimum sentences often apply, meaning that even with good behavior, defendants may still serve significant prison time. Additionally, being placed on the sex offender registry restricts where you can live and work, making reintegration into society especially difficult after serving your sentence.
Beyond the legal penalties, the stigma of a criminal sexual conduct conviction can affect your reputation, family relationships, and mental well-being. This is why a strong defense is critical from the very beginning.
Why You Need an Experienced Criminal Defense Lawyer
Facing criminal sexual conduct charges requires a defense attorney with specific experience handling these types of cases. At Sieben Edmunds Miller, our attorneys know how to challenge faulty evidence, expose inconsistencies in witness statements, and ensure that law enforcement followed proper procedures.
False accusations are not uncommon in these cases, and evidence can often be mishandled or improperly gathered. A skilled defense lawyer can identify weaknesses in the prosecution’s case and use them to your advantage. Whether we’re fighting for a reduction in charges, negotiating with prosecutors, or taking your case to trial, our goal is to protect your rights and future.
The Importance of Having a Lawyer Who Speaks Your Language
In cases as serious as criminal sexual conduct, clear communication is vital. A lot can get lost in translation, especially when you’re discussing complex legal terms and defense strategies. Having a lawyer who speaks your language ensures that you fully understand your rights, the charges against you, and the potential outcomes of your case. It also ensures that your attorney can accurately convey your side of the story in court and during negotiations with prosecutors.
At Sieben Edmunds Miller, we believe that everyone deserves a fair defense, regardless of language or cultural barriers. One of our experienced criminal defense attorneys is fluent in Spanish, ensuring that clients who speak Spanish receive the same clear, effective representation. We’re committed to ensuring that you are heard and that we can advocate for your best interests throughout the legal process.
Take Action Now to Protect Your Future
Criminal sexual conduct charges carry life-changing consequences, but with the right defense, you can protect for your future. Contact Sieben Edmunds Miller today for a free case evaluation and let us help protect your rights.
