Sex Crimes

Sex crimes are some of the most embarrassing and serious charges one can face.  Minnesota statutes do not use the term sex crime but rather criminal sexual conduct.   We can assist clients accused of a variety of sex crimes including (but not limited to):

Rape or Criminal Sexual Conduct

Fifth Degree Criminal Sexual Assault

Fifth Degree Criminal Sexual Conduct is the lowest level of criminal sexual conduct in Minnesota. It is a gross misdemeanor which is punishable up to a year in local county jail.

This offense requires one of the following:

  • nonconsensual sexual contact (except of the buttocks):
  • masturbation or lewd exhibition of the genitals in the presence of a minor under the age of 16;
  • removal or attempted removal of clothing covering intimate parts
  • nonconsensual touching of the intimate parts of another, if performed with sexual or aggressive intent.

Fourth Degree Criminal Sexual Conduct

Fourth degree criminal sexual conduct is specific to sexual contact (not penetration) and applies when the defendant engages in sexual contact:

  • with a victim under the age of 13 and when the defendant is not more than three years older than the victim; or
  • with a victim that is at least 13 years of age, but not yet 16, and when the defendant is more than four years older than the victim or in a position of authority over the victim.

 Third Degree Criminal Sexual Conduct

In order to be convicted for criminal sexual conduct in the third degree the State must prove sexual penetration—not just sexual contact.  One can be convicted of third degree criminal sexual conduct when the defendant engages in sexual penetration:

  • with a victim under the age of 13 and when the defendant is not more than three years older than the victim; or
  • with a victim  that is at least 13 years of age but less than 16 years of age and the defendant is more than two years older than the victim.

If the alleged victim is at least 13 years of age, mistake of age may be an affirmative defense if the defendant is not more than ten years older than the alleged victim.

Penalties for Third Degree Criminal Sexual Conduct are a presumptive 48 months in prison with up to 15 years in prison and a $30,000 fine.

 Second Degree Criminal Sexual Conduct

Similar to fourth degree criminal sexual conduct under the second degree offense the State needs only to prove sexual contact—not sexual penetration.  One can be convicted of second degree criminal sexual conduct when the defendant engages in sexual contact:

  • with a victim that is less than 13 years of age and when the defendant is more than three years older than the victim;
  • with a victim that is at least 13 years of age but less than 16 years of age and the defendant is not more than four years older than the victim and in a position of authority over the victim; or
  • with a victim that is less than 16 years of age and when the defendant has a significant relationship to the victim.

Penalties for a Second Degree Criminal Sexual Conduct carry a presumptive 90 months in prison, up to 25 years and $35,000 fine.

 First Degree Criminal Sexual Conduct

In order to be convicted of first degree criminal sexual conduct typically the State must prove sexual penetration (the exception for the need to prove penetration is when the victim is under the age of 13).  One can be convicted of first degree criminal sexual conduct when:

  • the defendant engages in either sexual contact or penetration with a victim under the age of 13 and when the actor is three years or older than the victim; or
  • the defendant engages in sexual penetration with a victim that is at least 13 years of age but less than 16 years of age and the defendant is more than four years older than the victim and in a position of authority over the victim.

Penalties for first degree criminal sexual conduct is a presumptive 144 months in prison with up to 30 years in prison and up to a $40,000 fine.

Statutory Rape

Statutory Rape is generally charged as a 4th Degree Criminal Sexual Assault  which is a felony.  If the victim is 13, 14, or 15 and the defendant is four or more years older and in a position of authority it can be criminal sexual conduct.

Penalties include a presumptive “stayed” sentence, which means instead of going to prison the prison is stayed if the defendant follow the conditions of probation.  The fine is up to $20,000.

Child Pornography

Child pornography is a serious crime, ranging from simply possessing child porn to distributing or producing it can lead to very serious consequences, even mandatory prison sentences.

The State has endless resources at their disposal.  If you are charged with a serious felony you need someone in your corner advocated and fighting for your freedom.  The attorneys at Rosengren, Kohlmeyer & Hagen Law Office have extensive experience in representing individuals being charged with criminal sexual conduct cases.

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