Fourth Degree Criminal Sexual Conduct

Minnesota Sex Offense Lawyers

A Fourth Degree Criminal Sexual Conduct charge is a serious felony under Minnesota law. While Fourth Degree Criminal Sexual Conduct is generally punished less severely than Third Degree Criminal Sexual Conduct a conviction can still bring prison time, heavy fines, mandatory conditional release after prison, and predatory-offender registration with strict compliance requirements. Understanding what the State must prove, and how Fourth Degree Criminal Sexual Conduct differs from other offenses like Criminal Sexual Conduct in the Third Degree, is critical to defending your future.

What the State Must Prove for Fourth Degree Criminal Sexual Conduct (CSC 4)

Under Minn. Stat. § 609.345, CSC 4 requires sexual contact plus one of several qualifying circumstances. For adult complainants, the State may allege:

Coercion to accomplish the contact;
Knowledge that the complainant was mentally impaired, incapacitated, or physically helpless;
Use of force as defined in § 609.341, subd. 3(2); or
A prohibited occupational relationship like certain care, education, or authority roles.

For complainants under 18, the statute lists age-based and relationship and authority scenarios, some with no consent or mistake-of-age defenses, as well as force, coercion, incapacity, positions of authority, relationship, and prohibited occupation offenses. The law details specific age gaps (e.g., “more than 36 months older”), positions of authority, and “significant relationship” provisions.

Key distinctions between Third and Fourth Degree Criminal Sexual Conduct:

CSC 4 = sexual contact with qualifying factors.
CSC 3 = sexual penetration with qualifying factors.

Penalties if Convicted of Fourth Degree Criminal Sexual Conduct

Unless a different rule in § 609.3455 applies, a Fourth Degree Criminal Sexual Conduct conviction carries up to 10 years’ imprisonment and up to $20,000 in fines. The statute also states that a person convicted under § 609.345 is subject to conditional release under § 609.3455 if the person’s prison sentence is executed.

Conditional Release for Fourth Degree Criminal Sexual Conduct Conviction (Post-Prison Supervision)

For many Minnesota sex offenses, including CSC 4, the court must impose mandatory conditional release when the sentence includes an executed prison sentence. § 609.3455, subd. 6 sets a 10-year conditional-release term after release from prison unless subd. 7 requires a longer, lifetime term in specified repeat-offender scenarios. Conditions can include approved sex offender treatment and other supervision requirements. Violations can lead to revocation and a return to prison to serve part or all of the remaining conditional release time.

Key Points about Conditional Release for Fourth Degree Criminal Sexual Conduct Convictions:

10-year conditional release is mandatory after prison for CSC 4.
Lifetime conditional release may apply to certain repeat/dangerous-offender situations.
The Commissioner controls conditions and revocations. Treatment may be required and often is required.

Predatory-Offender Registration (Who Must Register & How Long)

Anyone convicted of CSC 4 must register as a predatory offender under Minn. Stat. § 243.166. The default registration period is 10 years from initial registration or until probation/supervised/conditional release ends, whichever is later. If someone is re-incarcerated for a new qualifying offense, or on a revocation for the qualifying offense, the clock extends to 10 years from the last release or until supervision ends, whichever is later. Noncompliance can lead to new criminal charges and can extend the registration window.

Lifetime registration can apply under specified statutory circumstances. While CSC 4 requires registration, the statute’s lifetime requirements are tied to particular conditions and case histories. An experienced sex offense lawyer will analyze the charged clause, prior record, and any civil-commitment history to determine registration exposure.

How CSC 4 Differs from CSC 3

Act element:

CSC 4 requires sexual contact (touching), not penetration.
CSC 3 requires sexual penetration, plus additional qualifying factors.

Maximum penalties:

CSC 4: Up to 10 years and $20,000.
CSC 3: Up to 15 years with a narrow reduced max in one age-gap scenario.

Defenses and issues:

Fourth degree criminal sexual conduct cases often pivot on intentional contact-versus-accident, whether the position ofauthority/relationship actually exists, whether coercion/force can be proven, and incapacity disputes.
Third degree criminal sexual conduct adds proof of penetration as a requirement and may involve different age or authority based criteria where consent/mistake of age is not a defense.

Bottom line: Fourth Degree Criminal Sexual Conduct is not “minor.” It triggers the same conditional-release framework after prison and mandatory registration, even though the act element and max penalty are different from CSC 3.

Real World Scenarios We See in Fourth Degree Criminal Sexual Conduct Cases

Position of authority or workplace boundaries: Allegations of sexual contact by a teacher, coach, caregiver, or supervisor, where the prosecutor claims a prohibited occupational relationship or position of authority.
Incapacity or helplessness: Contact alleged while the complainant was intoxicated, asleep, or otherwise physically helpless, with the State arguing the accused knew or should have known.
Age/relationship dynamics: Allegations involving a minor with age-gap or significant-relationship factors where consent or mistake of age is not a defense under specified clauses.
Force/coercion without penetration: Claims of force or coercion to accomplish touching, distinct from CSC 3 where penetration is charged.

Evidence Commonly Used in CSC 4 and Common Defense Responses

Even without alleged penetration, prosecutors often build Fourth Degree Criminal Sexual Conduct cases with a mixture of testimonial, forensic, and digital evidence:

Medical/SANE records: May note no injury (common in many contact cases) or documented findings of injury whose presence or significance is disputed.
Trace/DNA: Transfer DNA on clothing or objects can show contact (but not definitively so) but rarely resolves consent or intent; mixtures and secondary transfer require careful review.
Toxicology: Used to argue impairment/helplessness; timing, metabolism, and tolerance matter.
Digital records: Texts, location data, social media, and access logs can undercut or corroborate competing narratives. Establishing inconsistencies in the timelines alleged by the complainant and the police can be crucial for the defense.
Interview techniques: Suggestive questioning or contamination of memory can distort accounts.

Our approach is to scrutinize chain-of-custody, challenge lab methods/assumptions, and, where useful, retain independent experts such as forensic toxicology/DNA scientists, psychologists, sexual assault nurses and doctors, digital forensic examiners) to test the State’s conclusions in sex crimes prosecutions.

Common Defense Strategies in Fourth Degree Sexual Conduct Cases

Every case demands and merits a defense tailored to the people and circumstances involved. The sex offense lawyers at Lundgren & Johnson have equipped themselves with various tools and strategies to put forth the most persuasive and strongest defense for their clients over the better part of the last 3 decades of their combined experience.

Because our sex offense lawyers defend their clients to the greatest extent possible, they have become knowledgeable in issues involved in criminal sexual conduct cases and how to address those issues. Perhaps one of the greatest strengths of our lawyers is their vast network of experts that they can call upon given the issues present in a case, and their extensive experience in presenting that expert witness evidence and testimony in court. Their level of preparation, litigation in the courtroom, years of experience, and scenarios they have encountered prove to be invaluable to their clients’ cases and defense.

Obtaining dismissals, acquittals, hung juries, and dispositional departures over decades does not happen by accident. Here are some examples of the strategies that our sex offense lawyers employ:

Consent and credibility (adult cases): Expose inconsistencies, motives to fabricate, memory contamination, and context from contemporaneous communications.
Challenging incapacity and helplessness claims: Reconstruct timelines; use witnesses and digital evidence to contest what the accused knew or reasonably should have known.
Authority and relationship elements: Test whether the State can actually prove prohibited occupation, position of authority, or significant relationship as charged.
Force or coercion: Examine physical findings or lack thereof, third-party observations, and alternative explanations for contact.
Constitutional motions: Suppress statements or evidence from unlawful searches, defective warrants, or custodial interrogations without proper warnings.
Registration and conditional release impacts: Incorporate downstream effects such as 10-year registration minimum (often effectively longer due to supervision), 10-year conditional release after prison, and potential lifetime consequences in specified situations.

What’s at Stake Beyond a Fourth Degree Criminal Sexual Conduct Sentence

Mandatory conditional release (10 years) after prison; violations risk revocation and re-incarceration.
Predatory-offender registration for at least 10 years from initial registration, or until supervision ends, whichever is later. Extensions and new charges can follow for noncompliance.
Long-term impacts on employment, housing, licensing, travel, immigration, and reputation.

Immediate Steps if You’re Under Investigation or Charged with a Sex Offense

Do not talk to police without a lawyer.
Preserve evidence: texts, call logs, social media, receipts, location data, and witness information after consultation with a lawyer.
Do not voluntarily provide evidence before speaking with a lawyer.
Avoid contact with the complainant and listed witnesses.
Call experienced counsel who understands the law, forensics, and the realities of sex crimes prosecutions. Choose a lawyer that is willing to fight for your freedom and future, and has experience with sex offense cases.

Why Choose Lundgren & Johnson, PSC

Sex-offense cases are complex and unforgiving. Our team brings deep knowledge of the law, scientific rigor, and focused trial practice to defend clients statewide. We dig into every element the State must prove, challenge overreach, and fight to protect your liberty and future.

Confidential Consultation

If you’re facing Fourth-Degree Criminal Sexual Conduct allegations in Minnesota, talk with a sex offense lawyer today. Do not leave your future up to chance. Our lawyers have the experience your case needs.

Lundgren & Johnson, PSC, Criminal Defense Attorneys, practices in Minneapolis, St. Paul, their surrounding metro areas, and statewide across Minnesota.

Call: 612-767-9643
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Lundgren & Johnson, PSC