316 incidents of sexual assault were reported to the Minnesota Office of Higher Education (OHE) in 2023. These allegations can lead to severe legal consequences, as they are associated with criminal offenses like statutory rape.
The state of Minnesota is committed to protecting minors from sexual exploitation and abuse, and its strict laws against sexual assault reflect this. Statutory rape laws are based on the age of consent, which is the legal minimum age at which an individual can agree to sexual activity.
Our Minnesota criminal defense attorneys at Martine Law have a strong history of supporting clients in similar situations and are available to support Minnesotans that are facing charges or accusations of statutory rape. We offer compassionate support from experienced sex crimes defense lawyers who are committed to protecting your rights.
Read through this blog as we take a closer look at Minnesota’s age of consent, statutory rape, and related laws to help you better understand the legal age to consent to sex in MN.
Understanding Minnesota Age of Consent Laws
In Minnesota, the age of consent is 16 years old. This means that anyone under 16 cannot legally consent to sexual conduct, and an adult who engages in sexual activity with a minor under 16 can be charged with statutory rape or other sex crimes.
However, Minnesota law includes several exceptions to this baseline age of consent, which are meant to protect minors from coercion and exploitation.
Here’s what you need to know:
- If one person is under 14, sexual contact is strictly illegal, regardless of the minor’s consent or if the older person mistakes their age. No defenses are permitted in this case.
- If one person is 14-15 years old, they cannot consent to sexual contact with anyone more than 36 months older. The mistake of age is not a valid defense unless the older person is less than 60 months older and reasonably believes the minor was 16 or over.
- The law prohibits sexual contact between a minor aged 16-17 and a partner who currently holds or recently held a position of authority over them, regardless of consent. This applies to teachers, coaches, supervisors, etc.
- If one partner has a significant relationship with a 16-17-year-old, such as a stepparent or guardian, sexual contact is illegal regardless of consent or any mistake of age.
Importantly, these age of consent laws apply equally, regardless of the sexual orientation of the parties involved. Violations of Minnesota’s age of consent laws result in criminal penalties, which are harsher in cases of aggravated criminal sexual conduct involving the following:
- Force
- Multiple acts
- Injury to the minor
- Other serious circumstances
In certain cases involving a 16-17-year-old complainant, the court may waive sentencing if it determines that doing so is in the best interest of the minor and if the offender is amenable to completing a treatment program.
The complexity of Minnesota’s age of consent laws underscores the necessity for seeking legal guidance from experienced and thorough criminal defense attorneys if you are facing a sex crime charge.
Statutory Rape Penalties in Minnesota
In Minnesota, statutory rape applies when two parties engage in sexual contact or penetration and one of the parties is under 16. It is defined as criminal sexual conduct and is classified into five degrees.
Certain mitigating and aggravating factors, such as the age difference between the two parties, can determine which charges apply—whether felony or misdemeanor charges.
| Charge | Classification | Penalties |
|---|---|---|
| Criminal Sexual Conduct 1st Degree | Felony | Up to 30 years prison; $40,000 fine |
| Criminal Sexual Conduct 2nd Degree | Felony | Up to 25 years prison; $25,000 fine |
| Criminal Sexual Conduct 3rd Degree | Felony | Up to 15 years prison; $30,000 fine |
| Criminal Sexual Conduct 4th Degree | Felony | Up to 10 years in prison; $20,000 |
| Criminal Sexual Conduct 5th Degree | Gross Misdemeanor | Up to 1-year imprisonment; $3,000 fine |
| Repeat violations | Up to 5 years and a $10,000 fine *Repeat violations are punishable by up to 5 years and a $10,000 fine |
Working with a Minnesota sex crimes defense lawyer can provide crucial guidance and support. These attorneys are experienced in navigating the complexities of Minnesota’s legal system and can help defend your rights, challenge evidence, and work towards the most favorable outcome.
Are There Romeo and Juliet Laws? Close-in-Age Exceptions
Other states in the United States have enacted Romeo and Juliet laws. These laws provide close-in-age exceptions for consensual sexual relationships between an adult and a minor. Also known as “close-in-age exemptions,” they make statutory rape charges less likely for young people and their partners who are close in age.
Minnesota has no Romeo and Juliet law. This means that even if two individuals under 16 engage in consensual sex, they could technically both be charged with statutory rape, although such charges are uncommon in practice.
The absence of Romeo and Juliet laws in Minnesota means there are no exceptions to the age of consent laws for consensual relationships between young teens.
A seasoned criminal defense attorney in Minnesota can provide you with legal options and help reduce the charges in your case. Our attorneys at Martine Law are here to support you throughout this process.
Turn to the Martine Law Firm for Dedicated Defense
Minnesota’s age of consent laws are complex. Even consensual relationships can lead to criminal charges that remain on your record for life. A mistake in judgment should not ruin your future.
Our sex crimes defense lawyer at Martine Law understands the nuances of these laws and knows how to build the strongest defense to get charges reduced or dismissed. If you or a loved one is facing investigation or prosecution for an alleged underage relationship, it is crucial to get an advocate on your side immediately.
Contact our office today at (612) 979-1305 for a free consultation—we are available 24/7! We have successfully defended dozens of statutory rape cases by highlighting exceptions and proving mistaken age. Let us protect your rights and your reputation.
