Criminal Sexual Conduct Attorneys in Minneapolis, MN

Representation for Sexual Crime Charges in Minneapolis

In Minnesota, the legal term for sexual assault is criminal sexual conduct. The offense is classified into five different degrees depending on the acts involved. If you are found guilty of any criminal sexual conduct crime in Minneapolis, you may be imprisoned, fined, and required to register as a sex offender.

Brockton D. Hunter P.A. has provided in-depth counsel for clients accused of criminal sexual conduct. When you turn to us, we can help navigate the confusing and stressful situation you are in.

What Is Criminal Sexual Conduct in Minnesota?

In Minnesota, criminal sexual conduct involves unlawful or unwanted sexual contact or penetration. Such acts are commonly referred to as sexual assault or rape.

Under the law, sexual contact is any of the following done without consent (unless consent is not a defense):

• Touching another’s intimate parts
• Using coercion or one’s status as a person of authority to force someone to touch their own, the alleged offender’s or another’s intimate parts
• Using coercion or one’s status as a person of authority to allow another to touch a victim’s intimate parts
• Touching the clothing covering a person’s intimate parts
• Making semen or sperm touch a victim’s body or clothing

Sexual penetration includes the following acts:

• Sexual intercourse or oral sex
• Intrusion into the victim’s genitals or anus by the alleged offender’s or another person’s body parts or an object
• Intrusion into the alleged offender’s or another person’s genitals or anus by the victim’s body parts or an object

The five degrees of criminal sexual conduct involve sexual penetration, sexual contact, or both. The severity of the offense depends on the alleged victim’s and offender’s ages, how the act was committed, and the relationship between the alleged offender and victim.

Below is an overview of Minnesota’s criminal sexual conduct laws:

First-Degree Criminal Sexual Conduct (Minnesota Statutes § 609.342)

A person may be charged with this offense if they engage in sexual penetration with someone else or sexual contact with a person under 13 years of age.

The specific circumstances in which the act must be committed to be a first-degree crime include:

• The victim was younger than 13 years of age and the alleged offender was more than 3 years older
• The victim was between 13 and 15 years of age and the alleged offender was more than 4 years older and was an authority figure over the victim
• The victim reasonably feared that they or someone else would be subject to great bodily harm for not complying
• The alleged offender had a dangerous weapon or an instrument they made the victim believe was a dangerous weapon and used or threatened to use it
• The alleged offender injured the victim and
  • Used force or coercion, or
  • They knew that the victim was mentally impaired, mentally incapacitated or physically helpless
• The alleged offender committed the offense with one or more other people and
  • An accomplice used force or coercion
  • An accomplice had a deadly weapon or an instrument they made the victim believe was a deadly weapon
• The victim was under 16 years of age and the alleged offender was a parent; stepparent; guardian; a relative by blood, marriage, or adoption; or an adult living in the same house as the victim
• The victim was under 16 years of age and the alleged offender was a parent; stepparent; guardian; a relative by blood, marriage, or adoption; or an adult living in the same house as the victim and
  • An accomplice used force or coercion
  • The victim was injured
  • The offense involved multiple instances of sexual abuse over an extended period

Second-Degree Criminal Sexual Conduct (Minnesota Statutes § 609.343)

Charges for this crime are levied when a person has sexual contact with someone else.

The circumstances under which the offense occur include:

• The victim was younger than 13 years of age and the alleged offender was more than 3 years older
• The victim was between 13 and 15 years of age and the alleged offender was more than 4 years older and had an authority position over the victim
• The victim reasonably feared that they or another person was in danger of great bodily harm
• The alleged offender was armed with a dangerous weapon or an instrument they made the victim believe was a dangerous weapon and used or threatened to use it
• The alleged offender injured the victim and
  • Used force or coercion, or
  • Knew that the victim was mentally impaired, mentally incapacitated, or physically helpless
• The alleged offender committed the offense with one or more others and
  • An accomplice used force or coercion
  • An accomplice had a dangerous weapon or an instrument believed to be a dangerous weapon
• The victim was under 16 years of age and the alleged offender was a parent; stepparent; guardian; a relative by blood, marriage, or adoption; or an adult living in the same house as the victim
• The victim was under 16 years of age and the alleged offender was a parent; stepparent; guardian; a relative by blood, marriage, or adoption; or an adult living in the same house as the victim and
  • An accomplice used force or coercion
  • The victim was injured
  • The offense involved multiple instances of sexual abuse over an extended period

Third-Degree Criminal Sexual Conduct (Minnesota Statutes § 609.344)

This offense involves sexual penetration with another person.

Charges may arise when the crime is committed under the following circumstances:

• The victim was under 13 years of age and the alleged offender was not more than 3 years older
• The victim was between 13 and 15 years of age and the alleged offender was not more than 2 years older
• The alleged offender used force or coercion
• The alleged offender knew that the victim was mentally impaired, mentally incapacitated, or physically helpless
• The victim was between 16 and 17 years of age and the alleged offender was not more than 4 years older and in a position of authority over them
• The victim was under 16 years of age and the alleged offender was a parent; stepparent; guardian; a relative by blood, marriage, or adoption; or an adult living in the same house as the victim
• The victim was under 16 years of age and the alleged offender was a parent; stepparent; guardian; a relative by blood, marriage, or adoption; or an adult living in the same house as the victim and
  • An accomplice used force or coercion
  • The victim was injured
  • The offense involved multiple instances of sexual abuse over an extended period
• The alleged offender was the victim’s psychotherapist and
  • The offense happened during one or more therapy sessions, or
  • The offense happened outside of therapy while a psychotherapist-patient relationship existed
  • The alleged offender used therapeutic deception to facilitate the act
  • The victim was emotionally dependent on the alleged offender
• The alleged offender falsely claimed the act was for medical purposes
• The alleged offender was or said they were a clergy member and the offense occurred during a meeting where the victim sought spiritual guidance or aid
• The alleged offender was an employee of a correctional or treatment facility and the victim was a resident
• The alleged offender worked for a special transportation company and the offense occurred before or after the victim was transported
• The alleged offender provided massage or bodywork services and the offense was nonconsensual and occurred before, during, or after services were rendered
• The alleged offender was a peace officer and restrained the victim

Fourth-Degree Criminal Sexual Conduct (Minnesota Statutes § 609.345)

Accusations for this offense can arise when a person has sexual contact with someone else.

The specific circumstances that can trigger charges include the following:

• The victim was younger than 13 years of age and the alleged offender was not more than 3 years older
• The victim was between 13 and 15 years of age and the alleged offender was not more than 4 years older or was in an authority position over the victim
• The alleged offender used force or coercion
• The alleged offender knew that the victim was mentally impaired, mentally incapacitated, or physically helpless
• The victim was between 16 and 17 years of age and the alleged offender was more than 4 years older and in an authority position over them
• The victim was between 16 and 17 years of age and the alleged offender was a parent; stepparent; guardian; a relative by blood, marriage, or adoption; or an adult living in the same house as the victim
• The victim was between 16 and 17 years of age and the alleged offender was a parent; stepparent; guardian; a relative by blood, marriage, or adoption; or an adult living in the same house as the victim and
  • An accomplice used force or coercion
  • The victim was injured
  • The offense involved multiple instances of sexual abuse over an extended period
• The alleged offender was the victim’s psychotherapist and
  • The offense happened during one or more therapy sessions, or
  • The offense happened outside of therapy while a psychotherapist-patient relationship existed
  • The alleged offender used therapeutic deception to facilitate the act
  • The victim was emotionally dependent on the alleged offender
• The alleged offender was or said they were a clergy member and the offense occurred during a meeting where the victim sought spiritual guidance or aid
• The alleged offender was an employee of a correctional or treatment facility and the victim was a resident
• The alleged offender worked for a special transportation company and the offense occurred before or after the victim was transported
• The alleged offender provided massage or bodywork services and the offense was nonconsensual and occurred before, during, or after services were rendered
• The alleged offender was a peace officer and restrained the victim

Fifth-Degree Criminal Sexual Conduct (Minnesota Statutes § 609.3451)

This is considered the least severe of the criminal sexual conduct crimes. However, it is still a serious offense.

It involves:

• Engaging in unwanted sexual contact, or
• Knowingly masturbating or exposing one’s genitals in front of a person under 16 years of age

At Brockton D. Hunter P.A., we provide vigorous defense regardless of the severity of the crime. Whatever law you have been accused of breaking, turn to our Minnesota criminal sexual conduct lawyers for the legal representation you need.

Penalties for Criminal Sexual Conduct in MN

Except for a first-time fifth-degree criminal sexual conduct offense, the crime is a felony. That means a conviction can result in lengthy prison sentences and huge fines.

Below are some of the punishments levied in these cases:

• First-degree:
  • Up to 30 years of imprisonment and/or
  • Up to $40,000 in fines
• Second-degree:
  • Up to 25 years of imprisonment and/or
  • Up to $35,000 in fines
• Third-degree:
  • Up to 15 years of imprisonment and/or
  • Up to $30,000 in fines
• Fourth-degree:
  • Up to 10 years of imprisonment and/or
  • Up to $20,000 in fines
• Fifth-degree:
  • Up to 1 year of incarceration and/or
  • Up to $3,000 in fines

Although some criminal sexual conduct crimes are considered more severe than others, being convicted and suffering penalties can greatly impact your life. Our Minnesota criminal sexual conduct attorneys have experience handling these types of cases and are ready to put our knowledge and skills to work for you.

Contact Our Team for Criminal Sexual Conduct Defense Attorneys in MN

Our Minneapolis criminal sexual conduct lawyers provide zealous advocacy for our clients. We build trusting relationships and truly care about our clients’ well-being. You do not have to fight your charges alone. We can help!