Minnesota Age of Consent
The age of consent in Minnesota is 16 years old. Furthermore, a child between 13 and 16 of age can legally consent to sex with someone who is not more than two years older than them.
However, if an adult engages in sexual conduct with a minor who is four years younger than them, the adult could be charged with statutory rape in the state. If the victim is under 13 years of age—no matter the age of the defendant—it is also considered statutory rape.
Minnesota Statutory Rape Laws
According to Minnesota's statutory rape statutes, there are 4 types of offenses: first-, second-, third-, and fourth-degree sexual conduct.
First-Degree Sexual Conduct
If sexual penetration (e.g. sexual intercourse, anal sex, oral sex, or any other form of penetration) occurs between a minor under 13 years old and a defendant who is three or more years old, or between a child who is at least 13 of age but under 16 and a defendant who is in a position of power and at least four years older, it is considered first-degree sexual conduct. This type of sex crime is punishable by a maximum 30-year prison sentence and a fine no more than $40,000.
Second-Degree Sexual Conduct
If sexual contact (not considered penetration) occurs between a child under 13 years old and a defendant who is at least three years older, or between a child who is at least 13 of age but under 16 and a defendant who is in a position of power and at least four years older, it is charged as second-degree sexual conduct. This type of sex crime carries a maximum 25-year prison term and a fine not exceeding $35,000.
Third-Degree Sexual Conduct
If sexual penetration occurs between a child under 13 years old and a defendant who is not more than three years older, a child who is at least 13 of age but under 16 and a defendant who is more than two years older, or a child who is between 16 and less than 18 years old and a defendant who is more than four years older and in a position of power, it is a third-degree sexual conduct charge. This sex crime results in a maximum 15-year prison sentence and a fine of up to $30,000.
Fourth-Degree Sexual Conduct
If sexual contact short of penetration occurs between a child under 13 years old and a defendant who is not more than three years older, a child who is at least 13 of age but under 16 and a defendant who is more than four years older or in a position of power, or a child who is between 16 and less than 18 years old and a defendant who is over four years older and in a position of power, it is a fourth-degree sexual conduct charge. This sex crime is punishable by a prison term of up to 10 years and a maximum $20,000 fine.
If you have been charged with statutory rape in Minneapolis, contact Brockton D. Hunter P.A. today at (612) 979-1112 and request a free consultation.