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Martine Law PLLC | Updated October 23, 2026
Third degree criminal sexual conduct in Minnesota is a felony under Minnesota Statutes section 609.344 involving sexual penetration under a listed circumstance, such as coercion, force, a complainant who cannot consent, a prohibited occupational relationship, or certain age and relationship facts. The ordinary maximum is 15 years in prison and a $30,000 fine, with a five-year prison maximum for one close-in-age clause and higher exposure under special sentencing laws. A prison sentence carries ten years or lifetime conditional release, and every conviction requires predatory offender registration. Source: Minnesota Statutes 609.344
| Clause group | Grid level | Score zero sentence | Presumptive disposition |
|---|---|---|---|
| Subdivision 1, clauses (a) to (d), and subdivision 1a, clauses (c), (d), (g), (h) and (i) | C | 48 months, range 41 to 57 | Prison at every score |
| Subdivision 1a, clauses (a), (e) and (f), and clause (b) with an age gap over 36 months | D | 36 months, range 31 to 43 | Stayed at scores 0 and 1, prison at 2 or more |
| Subdivision 1a, clause (b) with an age gap over 24 but no more than 36 months | G | 15 months, range 13 to 18 | Stayed at scores 0 to 3, prison at 4 or more |
Source: Minnesota Sentencing Guidelines 4.B and 5.A, effective August 1, 2026
What is third degree criminal sexual conduct in Minnesota?
Third degree CSC is sexual penetration combined with a circumstance listed in section 609.344, without requiring a weapon or injury. Source: Minnesota Statutes 609.344
Sexual penetration includes intercourse, oral or anal sex, and any intrusion however slight into the genital or anal openings. It also covers certain acts the actor causes through authority, coercion, or inducement of a child under 14 or a mentally impaired person. Source: Minnesota Statutes 609.341 See the difference between sexual contact and sexual penetration.
The current text comes from a 2021 rewrite that applies to crimes committed on or after September 15, 2021. Earlier conduct is judged under the law then in effect. Source: Laws 2021, First Special Session, chapter 11, article 4, section 18
What must prosecutors prove under section 609.344?
The state must prove penetration plus the charged clause. For adults, subdivision 1 covers:
- (a) the actor used coercion
- (b) the actor knew or had reason to know the complainant was mentally impaired, mentally incapacitated or physically helpless
- (c) the actor used force as defined in section 609.341, subdivision 3, clause (2)
- (d) the actor was in a prohibited occupational relationship with the complainant at the time
Subdivision 1a repeats these for complainants under 18 as clauses (c), (d), (h) and (i), and adds age and relationship clauses. In each of those, consent is not a defense. Source: Minnesota Statutes 609.344
| Clause | Complainant age | Required gap or relationship | Mistake of age |
|---|---|---|---|
| 1a(a) | Under 14 | Actor no more than 36 months older | No defense |
| 1a(b) | 14 or 15 | Actor more than 24 months older | Defense only if actor no more than 60 months older |
| 1a(e) | 16 or 17 | More than 36 months older and a current or recent position of authority | No defense |
| 1a(f) | 16 or 17 | Significant relationship | No defense |
| 1a(g) | 16 or 17 | Significant relationship plus force or coercion by the actor or an accomplice, personal injury, or multiple acts over an extended period | No defense |
What do force, coercion and incapacity mean?
Each is defined by statute. Source: Minnesota Statutes 609.341
- Force, for this degree, is attempted or threatened bodily harm, or the commission or threat of another crime, against the complainant or another, that makes the complainant reasonably believe the actor can carry it out.
- Coercion is words or circumstances causing reasonable fear of bodily harm, or confinement or superior size or strength. No specific act or threat must be proved.
- Mentally incapacitated means lacking judgment to consent because of a substance given without agreement, or being so affected by any substance that the person cannot consent or cannot appreciate, understand or control their conduct.
- Physically helpless means asleep, unconscious, physically unable to withhold or withdraw consent, or unable to communicate nonconsent.
- Personal injury includes bodily harm, severe mental anguish or pregnancy.
- Significant relationship covers parents, stepparents, guardians, listed relatives, adults living in the home, and a parent’s romantic or sexual partner. A position of authority includes anyone responsible for a child’s care, however briefly, now or within the prior 120 days. See alcohol, blackouts and consent in Minnesota.
What counts as a prohibited occupational relationship?
Occupation and circumstances must both fit. In summary, including some impersonators: Source: Minnesota Statutes 609.341
- Massage or bodywork for hire, during or right around the service, if nonconsensual
- Psychotherapists, with a current patient, an emotionally dependent former patient, or by therapeutic deception
- Medical providers, by falsely claiming a medical purpose
- Clergy, during private spiritual counseling of a person not married to the actor
- Special transportation drivers, around transport
- Peace officers, when the complainant was restrained or not reasonably free to leave, excluding lawful searches and force
- Corrections and secure treatment staff, contractors and volunteers, with residents or supervisees
- Secondary schools, a licensed educator at the student’s school, or an adult at least 48 months older who works there or is a licensed educator elsewhere
- Facility caregivers, with residents or clients, except a preexisting consensual relationship or a personal care attendant
What sentence applies to third degree CSC?
The maximum is 15 years and $30,000, or five years in prison under clause 1a(b) when the actor was more than 24 but no more than 36 months older. Source: Minnesota Statutes 609.344
| Criminal history score | 0 | 1 | 2 | 3 | 4 | 5 | 6+ |
|---|---|---|---|---|---|---|---|
| Level C months | 48 | 62 | 76 | 90 | 117 | 153 | 180 |
| Level D months | 36 | 48 | 60 | 70 | 91 | 119 | 140 |
| Level G months | 15 | 20 | 25 | 30 | 39 | 51 | 60 |
Source: Minnesota Sentencing Guidelines 4.B These are presumptive durations with ranges, not mandatory minimums. The 2026 Guidelines govern offenses on or after August 1, 2026; for those, qualifying custody status such as probation adds 9 months at Level C, 7 at D or 3 at G, doubled for felony sex offense custody status. Source: Minnesota Sentencing Guidelines 2.C See Minnesota sentencing guidelines in felony cases.
For crimes on or after August 1, 2026, an adult’s intentional deception of a minor about being a minor can be an aggravating factor. Source: Laws 2026, chapter 97, article 6, sections 1 and 2
Special laws override the grid: at least three years in prison for a conviction within 15 years of a previous sex offense conviction, mandatory life for certain repeat offenders, and at least double the presumptive term for offenders found dangerous and engrained. Source: Minnesota Statutes 609.3455 A conviction also requires a fine of at least 30 percent of the maximum. Source: Minnesota Statutes 609.101
Can you get probation for third degree CSC?
Yes for the Level D and G clauses at low criminal history scores, where a stay is presumed. A stay of execution pronounces a prison term and suspends it; a stay of imposition pronounces none. Probation can include up to 364 days of local confinement and last up to the maximum prison term. Source: Minnesota Sentencing Guidelines 1.B and 3.A Source: Minnesota Statutes 609.135 See how a stay of imposition works.
For the Level C clauses, probation requires a dispositional departure for substantial and compelling reasons. The 2026 mitigating factor for having no prior conviction does not apply to Sex Offender Grid offenses. Source: Minnesota Sentencing Guidelines 2.D See how probation works for felony charges.
For clause 1a(f), unless mandatory imprisonment applies, the court may stay the sentence if that serves the complainant or family unit and an assessment shows acceptance into and ability to respond to treatment. Conditions include jail, treatment, and no unsupervised contact with the complainant until treatment ends unless the program and supervising agent approve. Source: Minnesota Statutes 609.344 The three-year repeat minimum can be stayed only for acceptance into a commissioner-approved inpatient sex offender program, with jail, treatment and aftercare. Source: Minnesota Statutes 609.3455
A sex offender assessment is ordered before sentencing unless waived, and treatment is ordered when needed for anyone not sent to prison. Source: Minnesota Statutes 609.3457
What is conditional release after prison?
When the court commits a person to prison for third degree CSC, ten years of conditional release follow release from prison. It is lifetime with a previous or prior sex offense conviction, terms the statute defines by the timing of earlier convictions. A violation can return the person to prison for part or all of the remaining term. A stayed sentence does not. Source: Minnesota Statutes 609.3455
Does third degree CSC require predatory offender registration?
Yes. A person charged with felony third degree CSC must register if convicted of that offense or another offense arising from the same circumstances. Registration lasts ten years from initial registration or until probation, supervised release or conditional release ends, whichever is later. Reporting failures add five years, and a new incarceration can restart the period. It is lifetime for subdivision 1, clauses (a) or (c), subdivision 1a, clauses (a), (c), (g) or (h), and for anyone with a prior registrable conviction. Source: Minnesota Statutes 243.166 See Minnesota sex offender registration requirements.
Public notification is separate: when a registrant leaves prison, a review committee assigns a risk level that controls how widely police may share information. Source: Minnesota Statutes 244.052
Can a third degree CSC conviction be expunged?
No. Records of a conviction for an offense that requires registration may not be expunged, and a third degree conviction always requires registration. Source: Minnesota Statutes 609A.02 See expungement in Minnesota.
Can an old allegation still be prosecuted?
Current law sets no deadline to file a third degree CSC complaint. Source: Minnesota Statutes 628.26 The 2021 change applied to violations on or after September 15, 2021, and a 2026 amendment reaches older crimes only if their limitations period had not expired before August 1, 2026. Source: Laws 2026, chapter 97, article 3, section 4 See Minnesota’s criminal statute of limitations.
Can someone be convicted without DNA or physical evidence?
Yes. The complainant’s testimony need not be corroborated, and resistance need not be shown. Source: Minnesota Statutes 609.347 The accused is still presumed innocent, and the state must prove every element beyond a reasonable doubt. Source: Minnesota Statutes 611.02 Evidence of the complainant’s previous sexual conduct is barred except in narrow situations the court approves before trial. See the rape shield rules in Minnesota.
What defenses may apply to a third degree CSC charge?
- Consent, where it applies. Consent means words or overt actions showing freely given present agreement to the particular act. A relationship or failure to resist is not consent, an incapacitated or helpless person cannot consent, and consent is no defense to the age, relationship or nonmassage occupational clauses. Source: Minnesota Statutes 609.341 See what consent means in CSC cases.
- The charged circumstance is not proven. The state must prove the required impairment and the actor’s knowledge, or the coercion, force or occupational facts. If that fails, the count fails, though another clause or offense may apply.
- Mistake of age. Available only under clause 1a(b), as explained below.
- Reliability. Counsel tests the allegation against messages, timelines and witnesses. See digital evidence in CSC investigations.
- Suppression. Whether a statement or search is excluded depends on the circumstances.
What happens after police contact or a charge in Hennepin County?
The county attorney prosecutes felonies. Source: Minnesota Statutes 388.051
- Before any interview, talk with a lawyer. See police interviews and your rights in Minnesota.
- At the first appearance, the court addresses release conditions, which can include no contact. Source: Minnesota Rules of Criminal Procedure 6 See bail and bond in Minnesota. If the complainant is a family or household member, the court may also issue a separate domestic abuse no contact order. Source: Minnesota Statutes 629.75
- Follow every order. Contact can also create exposure to witness tampering. Source: Minnesota Statutes 609.498
- At the omnibus hearing, probable cause and suppression issues are heard. Source: Minnesota Rules of Criminal Procedure 11 See what an omnibus hearing is.
A conviction requires a DNA sample if none is on file. Source: Minnesota Statutes 609.117 This page describes adult sentencing; an accused under 18 faces juvenile court procedures first, including certification rules. Source: Minnesota Statutes 260B.125 See juvenile CSC charges, our Minneapolis sex crime lawyer and Minnesota sex crimes defense pages.
How does third degree differ from other CSC charges?
First degree and second degree cover penetration and contact under more serious circumstances, such as fear of great bodily harm, a weapon, personal injury or an accomplice, plus their own age and relationship clauses. Fourth degree requires sexual contact under similar circumstances, but for a 14 or 15 year old it requires a gap over 36 months or a position of authority. Source: Minnesota Statutes 609.345 Fifth degree covers nonconsensual penetration or contact without requiring those additional circumstances. Source: Minnesota Statutes 609.3451
Questions people ask
Can a first-time offender get probation for third degree CSC?
It depends on the clause and criminal history score. The age-based Level D and G clauses presume probation at low scores. The coercion, force, incapacity and occupational clauses presume prison, so probation requires a departure. Source: Minnesota Sentencing Guidelines 4.B
Can you be charged with third degree CSC if the other person was drunk?
Yes, if the person was so affected by a substance that they could not consent or could not appreciate, understand or control their conduct, and the actor knew or had reason to know. Source: Minnesota Statutes 609.341
Does a plea to a lesser charge avoid registration?
Not necessarily. A person charged with felony third degree CSC must register if convicted of any offense arising from the same circumstances, and registration bars expungement. Source: Minnesota Statutes 243.166
Is mistake of age a defense to third degree CSC?
Only under clause 1a(b), for a 14 or 15 year old, when the actor was no more than 60 months older. The actor must prove a reasonable belief the complainant was 16 or older by a preponderance of the evidence. Source: Minnesota Statutes 609.344
What is the difference between third and fourth degree CSC?
Third degree requires penetration; fourth degree requires sexual contact. For a 14 or 15 year old, third degree requires a gap over 24 months, and fourth degree a gap over 36 months or a position of authority. Source: Minnesota Statutes 609.345
Talk with Martine Law about third degree criminal sexual conduct charges
Prison or probation, and ten-year or lifetime registration, turn on the exact clause. Martine Law PLLC can review the complaint, sentencing exposure and defenses with you before you decide anything. Contact Martine Law PLLC online. Phones are answered 24/7. Call 612-294-0650 to request a free consultation.
This article is general information about Minnesota law and is not legal advice for any specific situation.
