Accused of Sexual Contact With a Minor in Minnesota: Next Steps

Reviewed by the Marketing Team · Last updated October 14, 2026

If you are accused of sexual contact with a minor in Minnesota, the possible charge depends on the alleged conduct, both people’s ages, their age difference, and any authority or significant relationship. Preserve relevant records, follow court orders, and obtain legal advice before giving an investigative interview. An accusation alone does not establish guilt.

This guide explains charge classification and practical next steps. For related questions, see our guides to the age of consent in Minnesota and Minnesota age-gap rules. Updated October 14, 2026. The law in effect on the alleged offense date matters.

What counts as sexual contact under Minnesota law?

Minn. Stat. § 609.341, subdivision 11, defines sexual contact for particular CSC provisions. It can include intentional touching of intimate parts or clothing covering them, with sexual or aggressive intent. The applicable definition depends on the charge; ordinary contact is not automatically criminal sexual conduct.

Sexual contact and sexual penetration are different statutory terms. Some specifically defined contact involving a child under 14 can fall within first-degree CSC. A lawyer should compare the alleged act with the exact subdivision instead of relying only on the label used in a police report.

How do age and relationships affect the charge?

It is inaccurate to say that every person under 18 is legally unable to consent in every situation. Minnesota uses different age, age-gap, authority, and relationship rules. Agreement does not provide a defense where the applicable statute excludes consent.

• Under 14: Second-degree CSC includes sexual contact when the accused is more than 36 months older. Fourth-degree CSC includes a provision where the accused is no more than 36 months older. These provisions do not allow consent or mistake of age as a defense.
• Ages 14 and 15: Fourth-degree contact provisions include an age gap of more than 36 months or a current or recent position of authority. Other provisions may apply when both age-gap and authority requirements are present.
• Ages 16 and 17: A current or recent position of authority combined with the specified age gap, a legally defined significant relationship, or other statutory circumstances can still support charges.

These examples are not an exhaustive charging chart. Review section 609.343 and section 609.345 with the actual dates of birth and alleged offense date. Penetration provisions have different thresholds, so a contact rule should not be applied to a penetration allegation.

Which degrees of CSC can apply?

First-degree CSC addresses penetration and certain specifically defined contact involving a child under 14 when an enumerated circumstance exists. Second-degree generally addresses sexual contact under its listed circumstances. Third-degree addresses penetration; fourth-degree addresses contact. Their elements include more than a simple distinction between aggravated and nonaggravated conduct.

Fifth-degree CSC includes nonconsensual penetration, nonconsensual contact, and specified masturbation or lewd exhibition in the presence of a child under 16. It is not always a gross misdemeanor. The complaint’s statute and subdivision identify what the prosecution must prove.

What penalties are possible?

Adult statutory maximums are not predictions of a sentence. The specific offense, criminal history, sentencing guidelines, and applicable special sentencing provisions matter.

• First degree: The ordinary statutory maximum is 30 years and a $40,000 fine, or both.
• Second degree: The ordinary maximum is 25 years and a $35,000 fine, or both.
• Third degree: Generally up to 15 years and a $30,000 fine, or both. Section 609.344, subdivision 2, provides a five-year maximum for a specified age-gap offense.
• Fourth degree: The ordinary maximum is 10 years and a $20,000 fine, or both.
• Fifth degree: The gross-misdemeanor provision carries up to 364 days and a $3,000 fine, or both. Nonconsensual penetration carries a two-year felony maximum and a $10,000 fine, or both. Qualifying prior convictions can increase the maximum to seven years and $14,000, or both.

Special sentencing rules can change the analysis, and conditional release may follow imprisonment. If the accused is a juvenile, these adult maximums do not by themselves explain the juvenile court process or outcome.

Will a case require predatory-offender registration?

Registration requires a separate analysis under Minn. Stat. § 243.166. For listed offenses, an initial qualifying charge followed by conviction of that offense or another offense arising from the same circumstances can trigger registration. A reduction in the conviction charge therefore does not necessarily eliminate the requirement.

Ask counsel to evaluate registration before making a plea decision, along with sentencing, release conditions, and other consequences. Do not assume that every CSC disposition has identical registration requirements.

What should you do after an allegation?

1. Keep all case documents. Bring the complaint, summons, release order, and court notices to your lawyer. Record upcoming deadlines.
2. Get advice before an interview. Discuss requests for statements or consent to searches with counsel. Do not lie, obstruct an investigation, or resist lawful process.
3. Preserve existing evidence. Keep original messages, calendars, and other relevant records. Do not delete, alter, manufacture, or unlawfully obtain evidence. If potentially illegal sexual images are involved, do not copy or forward them; ask counsel how to handle preservation lawfully.
4. Avoid pressure or prohibited contact. Do not seek a retraction, coach witnesses, or use friends to contact someone in violation of an order. Let counsel assess appropriate investigation.
5. Prepare a factual timeline. Separate personal recollection from assumptions and information received from others. List potential witnesses without coordinating accounts.

Frequently asked questions

Is a close age gap an automatic defense?

No. Close-age rules vary with the conduct and the specific provision. Some offenses involving children under 14 expressly apply even when the accused is no more than 36 months older. Avoid assuming that a general “Romeo and Juliet” label resolves a case.

What if the person said they were older?

Mistake of age is not a universal defense. Some provisions prohibit it, while others contain a limited affirmative defense. Counsel needs the exact charge, ages, and supporting evidence to assess whether a defense is legally available.

Can the case be dismissed if there is no physical evidence?

Missing physical evidence does not automatically end a case. Testimony and other evidence must be evaluated against the charged elements. See our guide to consent evidence in Minnesota CSC cases for why one message or missing test result is not decisive.

Discuss a Minnesota CSC allegation with Martine Law

Our Minnesota sex crime defense team can review the allegation, explain the charged elements, and discuss possible defenses and next steps. No particular result is guaranteed.

Request a free, confidential consultation. Criminal defense services are provided by Martine Law PLLC. Phones and chat are answered 24/7, with AI covering when no staff is free.

General information about Minnesota law, not legal advice for a particular case.