Third Degree Criminal Sexual Conduct

Third Degree Criminal Sexual Conduct

Minnesota Sex Crimes Defense

Allegations of Third Degree Criminal Sexual Conduct are devastating. While Third Degree Criminal Sexual Conduct is two steps below first degree charges, it is still a serious felony sex crime that can bring a prison sentence, heavy fines, mandatory conditional release after prison, and predatory-offender registration obligations that last years, or, in some circumstances, life. Understanding what the State must prove, the potential penalties, and the collateral requirements is critical to defending your future.

At Lundgren & Johnson, PSC, we defend people charged with sex crimes across Minnesota. We scrutinize the State’s evidence, challenge unreliable forensic evidence, cross-examine witnesses, launch an investigation tailored to your case, and protect your rights at every stage.

What the State Must Prove in Third Degree Criminal Sexual Conduct Cases

Under Minn. Stat. § 609.344, the State must prove sexual penetration plus one of several qualifying circumstances. For adult complainants, qualifying circumstances include: coercion, force, knowledge that the complainant is mentally impaired/incapacitated/physically helpless, or a prohibited occupational relationship (e.g., certain care, education, or authority roles).

For complainants under 18, the statute lists specific age-difference and authority/relationship scenarios, plus force/coercion/incapacity variants. The statute also specifies when mistake of age or consent is not a defense.

Key takeaways about Third Degree Criminal Sexual Conduct Charges:

• Penetration is required for third degree criminal sexual conduct, unlike second degree criminal sexual conduct which is sexual contact.
• Certain age gaps and positions of authority/relationship can create criminal liability even if there was no force.
• For many under-18 provisions, consent and mistake of age are not defenses.

Penalties if Convicted of Third Degree Criminal Sexual Conduct

Third Degree Criminal Sexual Conduct carries up to 15 years in prison and $30,000 in fines. The statute also expressly notes that a person convicted under § 609.344 is subject to conditional release under § 609.3455.

Conditional Release: What Happens After Prison

Minnesota adds mandatory conditional release on top of the prison term for many sex offenses. For Third Degree Criminal Sexual Conduct, the court must impose a 10-year conditional release term after prison. Violations can return a person to custody to serve part, or all, of the remaining conditional-release time. Lifetime conditional release applies if certain repeat-offender/dangerous-offender provisions are triggered. The law also outlines conditions (e.g., treatment) and the Commissioner’s revocation authority.

• 10-year conditional release is mandatory for third degree criminal sexual conduct convictions if the person is sentenced to prison.
• Lifetime conditional release can apply to repeat or designated dangerous sex offenders.
• Release conditions can include approved treatment and other supervision requirements; violations risk revocation and longer prison time.

Predatory Offender Registration (Duration & Lifetime Triggers)

Anyone convicted of CSC 3 is a registrant under Minnesota’s predatory-offender registration law (Minn. Stat. § 243.166). The default registration period is 10 years from initial registration (or until probation/supervised/conditional release ends, whichever is later). Failing to comply can add five years to the registration period. In some circumstances, lifetime registration applies—including certain CSC 3 clauses and cases with prior qualifying convictions.

• Who must register: People convicted of § 609.344 must register.
• Default duration: 10 years from initial registration or the end of probation/supervised/conditional release, whichever is later. Extensions apply for noncompliance or new qualifying incarceration.
• Lifetime registration: Required for specified offenses—including certain Third Degree Criminal Sexual Conduct offenses and for some repeat-offender scenarios or civil-commitment circumstances.

Registration also imposes strict address, employment, school, vehicle, and periodic verification requirements; missing deadlines or moves can create new criminal exposure.

How Third Degree Criminal Sexual Conduct (CSC 3) Differs from CSC 1 and CSC 2

• CSC 1 (First-Degree): Requires penetration plus aggravated circumstances (e.g., certain ages under 13 with age gaps; dangerous weapon; great bodily harm; multiple actors), with harsher maximums and enhanced/life-sentence frameworks in some cases.
• CSC 2 (Second-Degree): Involves sexual contact—not penetration—but with aggravating factors similar to CSC 1 (age/force/injury/weapon/authority). It is still a serious felony, but the sexual act element differs (contact vs. penetration).
• CSC 3 (Third-Degree): Penetration is required like CSC 1, but without the full set of CSC 1 aggravating factors. Third Degree Criminal Sexual Conduct qualifying factors include coercion, force, incapacity, as well as age-gap and authority/relationship provisions for under-18 scenarios. The maximum penalty is generally 15 years, but the same conditional-release statute applies and registration can be lengthy or lifetime, depending on the specific offense.

Real World Third Degree Criminal Sexual Conduct Cases We Typically See

• College/party setting: Penetration is alleged while the complainant was intoxicated, asleep, or physically helpless.  The prosecutor argues the accused knew or should have known the victim was incapacitated.
• Teen relationships with age gaps: A 17-year-old and an adult with more than a 36-month age difference; or penetration where the adult is in a current or recent position of authority (teacher, coach, supervisor). Consent/mistake of age are often not defenses in these clauses.
• Coercion/force allegations: The State claims penetration was accomplished by coercion or force—even where no weapon or severe injury is alleged.

Forensic Evidence: Weighty Evidence, but Open to Many Interpretations

Prosecutors often rely on forensic and corroborating evidence to support sex crimes allegations even when the case is largely testimonial:

• Medical exams may document findings or explicitly note no injury, which is common even in reported assaults.
• DNA/trace evidence swabs of clothing, bedding, or someone’s body may show contact but rarely proves lack of consent.  Additionally, it is possible to have your DNA transferred onto a person or object even if you’ve never directly contacted the person or object.
• Toxicology can be used to argue impairment; results must be interpreted carefully depending on timing, metabolism, and tolerance.
• Digital evidence such as texts, social media, and location data often undercuts or corroborates timelines and accounts.
• Expert testimony on trauma response, delayed reporting, or injury should be closely vetted for scope, foundation, qualifications, and reliability.

Our defense teams challenge chain-of-custody, lab methods, assumptions in reports, and over-interpretation.  We present alternative explanations consistent with the science, such as consensual contact, transfer DNA, and a big picture, common sense understanding of the case.

Defense Strategies We Use in Third Degree Criminal Sexual Conduct Cases

Your defense will be tailored to your facts, overall context, and the totality of the circumstances present in your case. Strategies often include:

• Credibility disputes: Cross-examination of witnesses to reveal inconsistencies, motives to fabricate, suggestive interview techniques, contamination of memory, and context surrounding texts or messages.
• Challenging force/coercion/incapacity claims: Establishing a precise timeline of events, witness accounts, digital footprints, and expert consultation to address impairment or “helplessness” assertions.
• Age/authority provisions: For under-18 offenses, analyze whether the State can actually prove authority/relationship or age elements as charged and whether any statutory affirmative defense applies.
• Forensic scrutiny: Independent and meticulous review of SANE/medical records, DNA statistics/mixtures, and toxicology interpretations. We deploy our broad and deep network of defense experts where warranted.
• Constitutional motions: Suppress statements or evidence obtained through unlawful searches, defective warrants, or custodial interrogation without proper warnings.
• Registration/conditional-release impacts: When negotiating or litigating our cases, we account for downstream consequences such as registration duration and tier, 10-year or lifetime conditional release, and the risk of later revocation.

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

• 10-year conditional release (or lifetime in repeat/dangerous-offender cases) after prison. Violations may lead to re-incarceration.
• Predatory-offender registration for at least 10 years (often effectively longer, given supervision terms), with lifetime for specified third degree criminal sexual conduct or repeat situations.
• Employment, housing, travel, immigration, licensing, education, and reputation consequences.

Immediate Steps if You’re Under Investigation or Charged

• Do not speak to police without a lawyer.
• Preserve evidence—texts, call logs, social media, receipts, location data, witness names, after consulting with a sex crimes lawyer.
• Avoid contact with the complainant and other witnesses.
• Contact experienced counsel to intervene early, protect your rights, and start building your defense.

Why Choose Lundgren & Johnson, PSC, Sex Crimes Defense Lawyers

Sex-offense prosecutions are complex and unforgiving. We pair intense factual investigation with scientific rigor and targeted motions practice. Our approach is to expose weaknesses, present alternative narratives consistent with evidence, and relentlessly protect our clients at charging, bail, motion practice, trial, and on appeal where necessary.

Our lawyers are widely recognized for their aggressive advocacy in the legal community.  We achieve consistently positive results for our clients.  Their dedicated defense efforts over the last 28 plus combined years of practice have yielded awards and recognitions including AV Preeminent Rated by Martindale-Hubbell, Super Lawyers, Rising Stars, Best Lawyers, Best Law Firms, Minnesota Monthly Top Lawyers, Three Best Rated, Top 100 Trial Attorneys, and Lead Counsel Verified.

Call for a Confidential Consultation

If you’re facing Third Degree Criminal Sexual Conduct allegations in Minnesota, or any other sex crime, speak with a sex crimes defense lawyer today.

Lundgren & Johnson, PSC, defends cases in Minneapolis–St. Paul, their surrounding metro areas, and statewide across Minnesota.

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