What is Fifth-Degree Criminal Sexual Conduct in Minnesota?

Under Minn. Stat. § 609.3451, CSC 5 covers nonconsensual sexual penetration (Subd. 1) and nonconsensual sexual contact or lewd exhibition in the presence of a minor under 16 (Subd. 1a).

Is CSC 5 a felony or a gross misdemeanor?

Subd. 1 (nonconsensual penetration) is a felony. Subd. 1a (nonconsensual contact or lewd exhibition in presence of a minor) is a gross misdemeanor unless enhanced to a felony under Subd. 3(b) based on qualifying priors within 10 years.

When does CSC 5 require predatory-offender registration?

Registration is tied to the felony enhancement in § 609.3451, subd. 3(b). If charged with that felony and convicted of that offense or another offense arising out of the same circumstances, registration is required under Minn. Stat. § 243.166.

How long is the registration period if it applies?

The default is at least 10 years from initial registration or until probation/supervised/conditional release ends, whichever is later; extensions can apply for new qualifying incarcerations or noncompliance.

Does CSC 5 include mandatory conditional release after prison?

The mandatory 10-year or lifetime conditional-release terms in § 609.3455 are not listed for § 609.3451. Courts still impose standard probation/supervised-release conditions as applicable.

What defenses are common in CSC 5 cases?

Consent (adult cases), credibility challenges, contesting knowledge that a minor was present, video or third-party witnesses, and constitutional suppression of unlawfully obtained evidence.

Fifth Degree Criminal Sexual Conduct

Minnesota Sex Offense Attorneys

Being accused of Fifth Degree Criminal Sexual Conduct is devastating. Do not wallow in that devastation; take action instead. Learn the information you need to know about the sex offense and find the right lawyer to help you go from devastated to defended.

While Fifth Degree Criminal Sexual Conduct is the lowest degree in Minnesota’s criminal sexual conduct statutory scheme, it can still be charged as a felony in certain circumstances and can trigger predatory-offender registration depending on the facts.

If you’re under investigation or facing charges, the sex offense attorneys at Lundgren & Johnson, PSC, can step in immediately to protect your rights and your future.

What Is Fifth Degree Criminal Sexual Conduct?

Under Minn. Stat. § 609.3451, Fifth Degree Criminal Sexual Conduct (CSC 5) covers two core categories:

Nonconsensual sexual penetration.
Nonconsensual sexual contact, or masturbation/lewd exhibition in the presence of a minor under 16 when the person knows or has reason to know a minor is present.

Note: For CSC 5, “sexual contact” is defined more narrowly than in higher-degree statutes and also includes intentional removal or attempted removal of clothing covering the complainant’s intimate parts, and nonconsensual touching by the complainant of the actor’s intimate parts if effected by the actor with sexual or aggressive intent.

Felony vs. Non-Felony: How CSC 5 Is Charged

Non-felony fifth degree criminal sexual conduct offenses (Gross Misdemeanors)

A conviction for nonconsensual contact or lewd exhibition in the presence of a minor is a gross misdemeanor. A gross misdemeanor is punishable by up to 364 days jail and/or up to a $3,000 fine.

Felony fifth degree criminal sexual conduct offenses

CSC 5 becomes a felony in two ways:

Nonconsensual Penetration Offenses: Felony punishable by up to 2 years imprisonment and/or up to a $10,000 fine.
Repeat or Qualifying Priors: If the defendant commits a fifth degree criminal sexual conduct offense within 10 years of specified prior convictions or certain indecent exposure or child pornography priors, the penalty increases to a felony punishable by up to 7 years imprisonment and/or up to $14,000 fine. The statute lists the qualifying priors used for enhancement. Qualifying priors include, amongst other offenses, prior convictions for first degree criminal sexual conduct, second degree criminal sexual conduct, third degree criminal sexual conduct, fourth degree criminal sexual conduct, and some fifth degree offenses.

Key distinction from higher degrees: CSC 5 addresses contact and some penetration scenarios with lower maximum punishments than CSC 1–4. However, enhanced repeat-offender provisions can make CSC 5 a felony level offense with significant criminal exposure.

Does Fifth Degree Criminal Sexual Conduct Require Predatory Offender Registration?

It depends. Minnesota’s registration statute (Minn. Stat. § 243.166) requires registration when a person is charged with a felony violation of certain offenses and convicted of that offense or any offense arising out of the same circumstances. For Fifth Degree Criminal Sexual Conduct, registration is tied specifically to “609.3451, subdivision 3, paragraph (b)”—i.e., the enhanced felony scenario. Be sure to take note that registration questions are complex and nuanced. This article is not legal advice and is not meant to be a substitute for legal advice. If you have questions about predatory offender registration, you should consult with a sex offense attorney today.

When Is Registration Required for Fifth Degree Criminal Sexual Conduct?

If a person is charged with a felony fifth degree criminal sexual conduct offense under § 609.3451, subd. 3(b) and convicted of that or another offense arising from the same facts, then registration is required.
If a person is charged with a registration offense, such as first degree criminal sexual conduct, but is convicted of any fifth degree criminal sexual conduct offense arising out of the same circumstances, the registration is required.

When Registration Is Not Automatically Required, But Still Could Be

Gross misdemeanor CSC 5 under Subd. 1a (nonconsensual contact or lewd exhibition in presence of a minor) without the felony enhancement in Subd. 3(b) does not automatically require registration absent other qualifying circumstances.
Felony CSC 5 under Subd. 1 (nonconsensual penetration) alone is not specifically listed in the registration statute; registration hinges on the Subd. 3(b) enhancement being charged.

Nuance: If the case is charged as the qualifying felony under Subd. 3(b) or other registration offense, but results in conviction of a lesser or different offense arising out of the same circumstances, registration can still apply.

How Long Must Someone Register?

The default period is 10 years from initial registration or until probation/supervised release/conditional release ends—whichever is later. Certain situations such as new qualifying incarceration or noncompliance can extend the clock. Lifetime registration applies in specifically enumerated circumstances like higher degree offense, specified clauses, or particular histories.

Fifth Degree Criminal Sexual Conduct Scenarios We See Often

Nightlife or party setting: Alleged nonconsensual touching in a crowded venue when alcohol is involved with conflicting accounts about what happened and minimal physical findings.
Public indecency with a minor present: Accusation of masturbation or lewd exhibition where a person under 16 could see, typically through a window of a home or while the person was within a vehicle, and the state claims the accused knew or should have known the minor was present.
Repeat conduct allegations: A prior qualifying conviction within 10 years leads to felony enhancement under Subd. 3(b) and potential registration exposure.

Evidence in CSC 5 Cases and Why It’s Often Disputed

Even for gross misdemeanor fifth degree criminal sexual conduct charges, prosecutors may use a mix of testimonial, medical, digital, and surveillance evidence such as:

Medical/SANE records: Frequently note no injury, which is common in contact-only allegations and the significance of those findings is often contested. In addition, incident histories are taken as well as swabs for trace evidence which can be used to further challenge the State’s allegations.
Digital evidence: Texts, social media, location data, ride-share logs, and video can confirm or contradict witnesses’ versions of events.
Witness statements: Memory contamination, suggestive questioning, and visibility/identification issues matter for sex offense charges.
Forensics (DNA/trace): May show presence or contact but rarely addresses consent, intent, or secondary transfer of DNA.

Our sex offense attorneys scrutinize chain-of-custody, lab methods, and over-interpretation. We deploy defense experts only where their testimony will move the needle, are likely to survive admissibility challenges, and fit within the overall defense narrative.

Defenses We Commonly Raise in Fifth Degree Criminal Sexual Conduct Cases

Your defense must be fact and case specific to prevail, but common examples include:

Consent (adult complainants): Showing a consensual context via contemporaneous communications, conduct, and relationship history.
Credibility challenges: Inconsistencies, motive to fabricate, suggestive interviewing, and reliability of recollection are common avenues we explore when crafting our clients’ defenses.
Intent/knowledge elements: For “lewd exhibition in presence of a minor,” whether the accused knew or should have known a minor was present is often central to the case.
Video and third-party eyewitnesses: Surveillance and neutral witnesses can be pivotal in crowded settings.
Constitutional motions: Suppression of statements or evidence obtained through unlawful stops, searches, or interrogations.

Consequences Beyond Jail or Prison

Registration exposure. Registration affects housing, employment, and travel. It requires strict adherence to reporting the person’s address, vehicle, school verification, and more. Noncompliance can be a new crime and extend registration time.
Criminal record & immigration impacts: Even gross misdemeanors can carry serious collateral consequences.
Protective orders/civil consequences: Parallel civil proceedings can impose additional restrictions.

How CSC 5 Differs from CSC 3 & CSC 4

Act element:

CSC 5 includes nonconsensual contact, certain public lewdness with minors present, and nonconsensual penetration with lower maximum punishments.
CSC 4 includes contact based offenses with aggravating factors such as position of authority, force, incapacity, and age-based offenses. The statutory maximum penalty is 10 years and the person is subject to conditional-release after prison.
CSC 3 requires penetration with additional qualifying factors. The statutory maximum penalty is 15 years and the person is subject to conditional-release after prison.

Registration and conditional release:

CSC 5: Registration is tied to felony Subd. 3(b) charging and cases that arise out of the same set of circumstances as a registration offense.
CSC 3-4: Registration generally applies. 10-year (or lifetime) conditional release can be mandatory after prison.

What To Do Now if You’re Charged with Fifth Degree Criminal Sexual Conduct

Do not speak to police without counsel.
Preserve evidence such as messages, receipts, location data, video, after consulting with a lawyer.
Avoid contact with the complainant and witnesses.
Call experienced sex offense attorneys immediately so we can intervene, protect your rights, and help shape the investigation.

At Lundgren & Johnson, PSC, our sex offense attorneys have intervened early on in criminal sexual conduct investigations and have helped many of our clients avoid charges altogether. In other scenarios, we were able to collect and preserve evidence that would have been lost otherwise, evidence that was critical to our client’s defense.

Talk With a Sex Offense Attorney at Lundgren & Johnson, PSC

Our sex offense attorneys handle sex offense cases statewide, from early investigation through trial and appeal. We pair legal precision with a forensic-informed defense to pursue dismissals, acquittals, or charge reductions wherever possible.

Call: 612-767-9643

Contact us online using our contact form.

Lundgren & Johnson, PSC