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Minnesota has five degrees of criminal sexual conduct (CSC). The charge depends on the alleged act and the circumstances, including age, the relationship between the people involved, force, coercion, and capacity to consent. First through fourth degree are felonies. Fifth degree can be a gross misdemeanor or a felony.
This guide compares the degrees and explains why the number alone does not tell you the likely sentence. For help with an allegation or charge, see our Minnesota sex crime defense services. Criminal consultations are free.
Updated October 13, 2026. This overview uses the Minnesota Revisor’s currently published statutes. The law applicable to a particular case may depend on when the alleged conduct occurred.
What are Minnesota’s five degrees of criminal sexual conduct?
The table summarizes ordinary statutory maximums, not predicted sentences. Specific exceptions and enhanced sentencing provisions can change the result.
| Degree | General distinction | Ordinary maximum |
|---|---|---|
| First | Penetration or certain contact involving a child under 14, with circumstances listed in the statute | 30 years; $40,000 fine |
| Second | Sexual contact with specified aggravating or age-related circumstances | 25 years; $35,000 fine |
| Third | Penetration with specified circumstances | 15 years; $30,000 fine, with a limited five-year exception |
| Fourth | Sexual contact with specified circumstances | 10 years; $20,000 fine |
| Fifth | Nonconsensual penetration, nonconsensual contact, or specified conduct in a minor’s presence | 364 days, two years, or seven years, depending on the provision |
First-Degree Criminal Sexual Conduct (Minn. Stat. § 609.342)
Section 609.342 addresses penetration and certain statutorily defined contact involving children under 14. Its separate provisions address circumstances such as weapons, specified force, injury combined with other factors, accomplices, age, and particular relationships.
One age-based provision concerns a complainant under 14 and an accused person more than 36 months older. Other provisions have different requirements. A short example cannot replace identifying the exact subdivision charged.
The ordinary maximum is 30 years in prison, a $40,000 fine, or both. The statute also contains a presumptive executed sentence provision, and section 609.3455 can require different sentencing treatment in qualifying cases.
Second-Degree Criminal Sexual Conduct (Minn. Stat. § 609.343)
Section 609.343 concerns sexual contact under specified circumstances. The statute separates adult and under-18 provisions. Weapons, specified force, injury combined with other circumstances, accomplices, ages, and relationships may matter.
For example, one provision concerns sexual contact with a complainant under 14 when the accused is more than 36 months older. Second-degree CSC does not require the same allegation of penetration as many first-degree cases.
The ordinary maximum is 25 years in prison, a $35,000 fine, or both, subject to applicable sentencing exceptions.
Third-Degree Criminal Sexual Conduct (Minn. Stat. § 609.344)
Section 609.344 addresses penetration involving circumstances such as coercion, specified force, known or reasonably knowable incapacity or helplessness, prohibited occupational relationships, and particular age or relationship conditions.
For a complainant at least 14 but under 16, subdivision 1a(b) uses an age difference of more than 24 months. It also contains a limited mistake-of-age defense with specific conditions. Consent itself is not a defense under that provision.
The ordinary maximum is 15 years in prison, a $30,000 fine, or both. A conviction under subdivision 1a(b) has a five-year maximum when the accused is more than 24 but no more than 36 months older. Other sentencing provisions may apply.
Fourth-Degree Criminal Sexual Conduct (Minn. Stat. § 609.345)
Section 609.345 concerns sexual contact under specified circumstances. It includes provisions about coercion, specified force, incapacity or helplessness, prohibited occupational relationships, and age or other relationships.
Do not apply third-degree age rules automatically to fourth-degree allegations. For example, the contact provision for a complainant at least 14 but under 16 uses an age difference of more than 36 months or a current or recent position of authority. The statute sets out separate conditions for any mistake-of-age defense.
The ordinary maximum is 10 years in prison, a $20,000 fine, or both, subject to applicable exceptions.
Fifth-Degree Criminal Sexual Conduct (Minn. Stat. § 609.3451)
Section 609.3451 has separate penalty paths:
- Gross misdemeanor: subdivision 1a covers nonconsensual sexual contact and specified masturbation or lewd exhibition in the presence of a minor under 16. The ordinary maximum is 364 days in jail, a $3,000 fine, or both.
- Penetration felony: nonconsensual sexual penetration under subdivision 1 carries up to two years in prison, a $10,000 fine, or both.
- Qualifying repeat-offense felony: subdivision 3(b) can increase the maximum to seven years and a $14,000 fine when its prior-conviction and timing requirements are satisfied.
Fifth degree is not always a misdemeanor, and its current felony rules cannot accurately be summarized as a single five-year penalty.
Does every CSC charge require predatory-offender registration?
Registration requires a separate analysis under Minn. Stat. § 243.166. The qualifying charge, conviction or adjudication, and surrounding circumstances matter. A conviction for another offense arising from the same circumstances can still trigger registration after a qualifying charge. Do not assume that reducing a charge removes that obligation.
Is the maximum penalty the sentence someone will receive?
No. A statutory maximum is a legal ceiling under the applicable provision, not a forecast. Sentencing guidelines, criminal history, mandatory provisions, the conviction, and any lawful departure must be evaluated separately. Prison, probation, conditional release, and registration are different issues.
Can a CSC case proceed without DNA or an eyewitness?
Yes. Section 609.347 does not require corroboration of the complainant’s testimony. The absence of DNA or another witness does not automatically end a case. Evidence must be assessed in context.
What should you review if you are charged with CSC?
- The statute, subdivision, and alleged offense date listed in the complaint.
- The conduct alleged and each element the prosecution must establish.
- Any release or no-contact conditions and upcoming court dates.
- The available records and evidence, including material that may support or contradict the allegation.
Read more about what consent means under Minnesota law and how consent evidence is evaluated in a CSC defense.
Talk with Martine Law about a Minnesota CSC allegation
Request a free criminal consultation to discuss your situation and next steps. Criminal defense services are provided by Minnesota Criminal Defense Attorneys PLLC. Phones and chat are answered 24/7, with AI covering when no staff is free.
General information, not legal advice. Outcomes depend on the facts and law applicable to each case.
