What is Second-Degree Criminal Sexual Conduct in Minnesota?

A felony sex crime under Minn. Stat. § 609.343 involving sexual contact—rather than penetration—with aggravating factors such as age, injury, weapon use, authority/relationship, or a victim who is impaired or helpless.

What penalties can I face for Second-Degree CSC?

Up to 25 years’ imprisonment, fines up to $35,000, mandatory conditional release, and sex offender registration. Collateral consequences can affect employment, housing, and immigration.

How is Second-Degree CSC different from First-Degree CSC?

Second-Degree CSC generally involves sexual contact, while First-Degree requires penetration with similar aggravating factors. Both are serious felonies with severe penalties.

What defenses are available in Second-Degree CSC cases?

Defenses may include challenging credibility, contesting forensic or medical findings, demonstrating consent where legally valid, mistaken identity, and suppression of unlawfully obtained evidence.

What kinds of evidence are used in these sex crimes cases?

Common evidence includes witness statements, medical exams, DNA or trace testing, phone and social media records, and expert testimony. Such evidence can be incomplete or subject to multiple interpretations.

Who will handle my case at Lundgren & Johnson?

Your defense is led by experienced attorneys, including Adam T. Johnson and David R. Lundgren, who represent clients in serious sex crimes matters throughout Minnesota.

Second Degree Criminal Sexual Conduct

Minnesota Sex Crimes Defense Attorneys

Being charged with Second-Degree Criminal Sexual Conduct (CSC) in Minnesota is a life-altering event. A conviction can result in long prison sentences, steep fines, and mandatory sex offender registration. Even before trial, simply facing charges can damage reputations, employment, and family relationships.

At Lundgren & Johnson, PSC, our attorneys Adam T. Johnson and David R. Lundgren are highly experienced in defending clients against sex crimes charges across Minnesota. Both have represented individuals accused of serious offenses in state and federal courts, bringing a combination of trial skill, legal knowledge, and tireless advocacy to protect their clients’ rights.

Learn more about sex crimes defense lawyer Adam T. Johnson

Learn more about sex crimes defense lawyer David R. Lundgren

What Is Second Degree Criminal Sexual Conduct?

Under Minnesota Statute § 609.343, Second Degree CSC is a felony sex crime involving sexual contact with aggravating circumstances. Unlike First Degree CSC, penetration is not required. Instead, prosecutors must prove contact plus one or more specific factors, such as:

Age-based elements

The victim is under 13, and the defendant is more than 36 months older.
The victim is between 13 and 16, and the defendant is at least 48 months older, in a position of authority, or in a significant relationship with the victim.

Force or injury

The act caused personal injury.
The defendant used or threatened to use a dangerous weapon.

Authority or relationship

The defendant is a parent, stepparent, guardian, teacher, coach, or other authority figure.
The defendant had a significant relationship with the victim.

Victim’s incapacity

The victim was mentally impaired, physically helpless, or intoxicated, and the defendant knew or should have known.

Penalties for Second Degree Criminal Sexual Conduct in Minnesota

The consequences of a conviction are severe:

Prison sentence: Up to 25 years.
Fines: Up to $35,000.
Conditional release: Mandatory supervised release following incarceration.
Sex offender registration: Often required for life.
Collateral consequences: Restrictions on employment, housing, firearm ownership, travel, and immigration status.

In cases involving victims under 16 or aggravating factors, mandatory minimum prison terms may apply. Judges often have limited discretion in sentencing due to Minnesota’s sex crimes sentencing guidelines.

Real World Examples of Second Degree Criminal Sexual Conduct

Understanding how these cases arise is critical. Common scenarios include:

A teacher accused of inappropriate sexual contact with a student.
A step-parent or relative accused of touching a child under 16.
Allegations of sexual touching involving an intoxicated or unconscious adult.
A caregiver accused of abusing authority over a vulnerable adult.

These cases often involve complex factual disputes and are emotionally charged. Prosecutors and investigators pursue them aggressively, making strong defense representation essential.

The Role of Forensic Evidence in Sex Crimes Cases

While Second Degree CSC does not require penetration, prosecutors often attempt to bolster allegations with forensic and corroborating evidence, such as:

DNA testing on clothing, bedding, or other items.
Medical examinations for signs of injury.
Toxicology reports showing drugs or alcohol impairment.
Digital evidence like text messages, emails, or social media posts.
Expert testimony on victim psychology or injury patterns.

However, forensic evidence in Minnesota sex crimes cases can often be inconclusive or misinterpreted. At Lundgren & Johnson, our attorneys know how to scrutinize lab reports, cross-examine forensic experts, and expose weaknesses in the state’s evidence. Don’t leave your defense up to chance, choose sex crimes lawyers who have seen the best strategies utilized by prosecutors and know how to attack their cases.

Defenses to Second Degree CSC Charges

Every case is unique, and the right defense depends on the facts. Common strategies for defenses to second degree criminal sexual conduct charges include:

Challenging credibility: Pointing out inconsistencies in the accuser’s story, motives to lie, or suggestive questioning by investigators.
Attacking forensic evidence: Showing that DNA or medical findings are inconclusive or consistent with non-criminal explanations.
Consent issues: In adult cases, establishing that the contact was consensual.
Mistaken identity: Contesting whether the defendant was the person involved.
Constitutional violations: Suppressing evidence obtained through unlawful searches, seizures, or interrogations.

Our attorneys thoroughly investigate every angle, consult independent experts when necessary, and develop trial strategies that create reasonable doubt.

Why Experience Matters in Sex Crimes Defense

Cases involving Second Degree Criminal Sexual Conduct are among the most aggressively prosecuted in Minnesota. Police and prosecutors often use specialized investigative units for sex crimes. Without experienced defense counsel, defendants face overwhelming odds.

At Lundgren & Johnson, we bring decades of combined experience to every case:

Adam T. Johnson has a strong track record in complex criminal defense, including serious sex crimes and violent felonies. Known for meticulous preparation and effective courtroom advocacy, he has earned recognition for his ability to challenge forensic evidence and expert witnesses.
David R. Lundgren is a founding partner of the firm with extensive trial experience. He is respected for his strategic approach, constitutional law expertise, and relentless defense of clients accused of high-stakes crimes, including CSC charges.

Together, they have defended clients in some of Minnesota’s most challenging criminal cases, giving them the insight and skill needed to handle Second Degree Criminal Sexual Conduct allegations.

Taking Immediate Action Is Crucial

If you are under investigation or charged with Second Degree Criminal Sexual Conduct, you must act quickly:

Do not speak to police without a lawyer.
Preserve evidence, such as messages, receipts, or witnesses, after consultation with a lawyer.
Contact a defense attorney immediately.

The earlier our attorneys can get involved, the better the chances of protecting your rights and shaping the outcome of your case.

Contact Lundgren & Johnson, PSC

Facing a charge of Second Degree CSC is overwhelming, but you don’t have to face it alone. At Lundgren & Johnson, we provide aggressive, compassionate, and experienced representation for clients accused of sex crimes in Minneapolis, St. Paul, and throughout Minnesota.

Call us today at 612-767-9643

Consultations are no cost and judgment free. If you prefer that we reach out to you:

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Lundgren & Johnson, PSC