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Criminal Sexual Conduct

Criminal Sexual Conduct

Commonly referred to as rape, molestation, or statutory rape, Minnesota’s criminal sexual conduct laws encompass a wide array of criminal behavior. The stigma that attaches to individuals accused of criminal sexual conduct is second in harm only to the ramifications of a conviction. Our society deplores those who violate the bodily integrity of another. If you stand accused of criminal sexual conduct you have to be aware of the many obstacles you face, both in and out of the courtroom. The lawyers at Lundgren & Johnson have assisted numerous individuals accused of such acts and can provide you with practical advice to help you continue living your life while we defend you in court.

There are five degrees of criminal sexual conduct in Minnesota. Except for certain Criminal Sexual Conduct in the Fifth Degree offenses, the remaining are all felonies. Below are the most common scenarios that lead to each of the different levels of charges.

CRIMINAL SEXUAL CONDUCT IN THE FIFTH DEGREE

Minnesota Statute Section 609.3451 criminalizes the following behavior:

  • Nonconsensual sexual contact.
  • Masturbation or lewd exhibition of the genitals in the presence of a minor under the age of 18.

CRIMINAL SEXUAL CONDUCT IN THE FOURTH DEGREE

Minnesota Statute Section 609.345 criminalizes the following conduct:

  • Sexual contact with a person under the age of 13 if the defendant is no more than 36 months older than the victim.
  • Sexual contact with a person between the ages of 13 and 16 if the defendant is no more than 48 months older than the victim or in a position of authority over the victim.
  • Using force or coercion to accomplish sexual contact.
  • Sexual contact with a person between the ages of 16 and 18 if the defendant is 48 months or older than the victim and in a position of authority.
  • Numerous situations where a therapist engages in sexual contact with a patient or former patient.
    Situations where correctional officers engage in sexual contact with detainees.
  • Nonconsensual sexual contact by a massage therapist.

CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE

Minnesota Statute Section 609.344 criminalizes the following behavior:

  • Most of the scenarios detailed above in Criminal Sexual Conduct in the Fourth Degree, but instead of sexual contact, the defendant engaged in sexual penetration of the victim.

CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE

Minnesota Statute Section 609.343 criminalizes the following conduct:

  • Sexual contact under circumstances that cause the victim to have a reasonable fear of imminent great bodily harm.
  • The defendant engages in sexual contact that causes personal injury to the victim.
  • Sexual contact accomplished by using a dangerous weapon to create fear in the victim.

CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE

Minnesota Statute Section 609.342 criminalizes the following conduct:

  • Sexual penetration of a victim under the age of 13 if the defendant is 36 months or older than the victim.
  • Sexual penetration of a victim between the ages of 13 and 16 if the defendant is 48 months or older than the victim.
  • Sexual penetration under circumstances that cause the victim to have a reasonable fear of imminent great bodily harm.
  • Sexual penetration accomplished by using a dangerous weapon to create fear in the victim.

Beyond prison, the collateral consequences of a criminal sexual conduct conviction are tremendous. Those convicted face lengthy predatory offender registration periods (also known as sex offender registration), treatment requirements, mandatory conditional release periods above and beyond the original sentence if its executed, and potential indefinite civil commitment in Minnesota’s Sex Offender Program (MSOP).

HIRE A LAWYER THAT WILL MAKE AN IMPACT IN YOUR CASE.

Due to the severe consequences, those accused of criminal sexual conduct will want to take great care in deciding what lawyer to hire. Criminal sexual conduct cases require a detailed knowledge of the applicable law, an understanding of human psychological behavior, and competency in the various forensic sciences involved including DNA, hair follicle comparisons, and sexual assault examinations. There isn’t one magic formula for every case. You need a lawyer who can evaluate the evidence in your case and formulate a persuasive legal and factual defense tailored specifically for you. Attorneys Adam Johnson and David Lundgren will make an impact on your case. Call us for a consultation and let us help you put your life back together.