Reviewed by the Marketing Team Last updated
Martine Law PLLC | Updated October 23, 2026
Fifth degree criminal sexual conduct in Minnesota covers nonconsensual sexual penetration, nonconsensual sexual contact, and masturbation or lewd exhibition of the genitals in the known presence of a child under 16. Under Minnesota Statutes section 609.3451, contact and child presence offenses are gross misdemeanors unless enhanced, nonconsensual penetration is a felony, and qualifying prior convictions raise the maximum to seven years. An unenhanced conviction does not by itself trigger registration under the fifth degree listing, but a plea from a registrable felony can. Source: Minnesota Statutes 609.3451
| Conduct | Level | Maximum |
|---|---|---|
| Nonconsensual sexual contact, or exhibition with a child under 16 present | Gross misdemeanor | 364 days and $3,000 |
| Nonconsensual sexual penetration | Felony | 2 years and $10,000 |
| Any of the above after a qualifying prior conviction within ten years | Felony | 7 years and $14,000 |
Source: Minnesota Statutes 609.3451
Is fifth degree CSC a felony or a gross misdemeanor?
It depends on the conduct and the record. A first nonconsensual penetration offense is a felony, while contact and child presence offenses are gross misdemeanors unless a qualifying prior conviction enhances them. Source: Minnesota Statutes 609.3451
The current structure comes from a 2021 amendment that applies to crimes committed on or after September 15, 2021, and the section was amended again in 2023. Source: Laws 2021, First Special Session, chapter 11, article 4, section 20
What must prosecutors prove for fifth degree CSC?
The state must prove one of three routes. Unlike higher degrees, the penetration and contact routes do not require proof of force, injury, coercion, incapacity, an occupational relationship or an age gap, though such facts may also support a higher charge. Source: Minnesota Statutes 609.3451
- Nonconsensual sexual penetration. This includes intercourse, oral or anal sex, and any intrusion however slight into the genital or anal openings, plus certain acts the actor causes through authority, coercion or inducement. Source: Minnesota Statutes 609.341
- Nonconsensual sexual contact. For this section, that means the actor intentionally touching the complainant’s intimate parts or the clothing over them, intentionally touching the complainant’s body or clothing with seminal fluid or sperm, intentionally removing or attempting to remove clothing covering the intimate parts or undergarments, or causing the complainant’s nonconsensual touching of the actor’s intimate parts. Each requires sexual or aggressive intent.
- Masturbation or lewd exhibition of the genitals in the presence of a minor under 16, knowing or having reason to know the minor is present. This route requires no touching and does not turn on consent.
Consent means words or overt actions showing freely given present agreement to the particular act. A relationship or failure to resist is not consent, and a person who is mentally incapacitated or physically helpless cannot consent. Intimate parts are the primary genital area, groin, inner thigh, buttocks and breast. Source: Minnesota Statutes 609.341 See what consent means in CSC cases.
When does a prior conviction make fifth degree a felony?
A new fifth degree offense becomes the seven-year felony only when it occurs within ten years of a qualifying prior conviction. One prior contact conviction is not enough. Source: Minnesota Statutes 609.3451
| Prior conviction within ten years | Enough to enhance? |
|---|---|
| Fifth degree nonconsensual penetration | Yes, one is enough |
| Fifth degree child presence exhibition | Yes, one is enough |
| First through fourth degree CSC, criminal sexual predatory conduct, certain indecent exposure offenses, or child sexual abuse material possession or dissemination | Yes, one is enough |
| Fifth degree nonconsensual contact | Only with two or more, measured from the first |
What sentence applies to fifth degree CSC?
The gross misdemeanor carries up to 364 days and a $3,000 fine and is not ranked on the Sentencing Guidelines grids, which govern felonies. Source: Minnesota Statutes 609.3451 The felonies are on the Sex Offender Grid:
| Criminal history score | 0 | 1 | 2 | 3 | 4 | 5 | 6+ |
|---|---|---|---|---|---|---|---|
| Level H, penetration | 12 | 14 | 16 | 18 | 24 | 24 | 24 |
| Level F, enhanced | 18 | 27 | 36 | 45 | 59 | 77 | 84 |
Source: Minnesota Sentencing Guidelines 4.B and 5.A, effective August 1, 2026
Level H presumes a stayed sentence at scores zero to four and prison at five or more, capped by the two-year maximum. Its score-zero cell is 12 months, and a sentence of one year and one day is permitted without a departure. Level F presumes a stay at scores zero to two and prison at three or more. Source: Minnesota Sentencing Guidelines 2.C and 4.B
These are presumptive durations, not guaranteed sentences. The 2026 Guidelines govern offenses on or after August 1, 2026; for those, qualifying custody status such as probation adds 2 months at Level H or 4 at Level F, doubled for felony sex offense custody status, within the statutory maximum. Source: Minnesota Sentencing Guidelines 2.C See Minnesota sentencing guidelines in felony cases.
Can you get probation for fifth degree CSC?
Yes. Probation is available at every level, and the stay can be long. A gross misdemeanor stay can last up to four years, with the last year unsupervised unless the court finds supervision is needed. A felony penetration stay can last up to four years, and an enhanced felony stay up to seven. Probation can include up to 364 days of local confinement, and a court may extend probation for incomplete treatment. Source: Minnesota Statutes 609.135
For a felony, a stay of execution pronounces a prison term and suspends it, while a stay of imposition pronounces none; a completed stay of imposition leaves the conviction deemed a misdemeanor. Source: Minnesota Sentencing Guidelines 1.B and 3.A See how a stay of imposition works.
Fifth degree is a sex offense for the assessment law. The court orders an independent sex offender assessment before sentencing unless waived, and orders treatment when the assessment shows a need and the person is not sent to prison. A felony with any earlier sex offense conviction requires an assessment by the Minnesota security hospital. Source: Minnesota Statutes 609.3457 See sex offender treatment in Minnesota.
Does fifth degree CSC carry conditional release?
No. The mandatory conditional release terms in section 609.3455 apply to first through fourth degree and certain other offenses, not section 609.3451. An executed felony sentence still includes supervised release for the final third. Source: Minnesota Statutes 609.3455 Source: Minnesota Statutes 244.101
A fifth degree conviction counts as a sex offense under section 609.3455 for later cases. A later first through fourth degree conviction within 15 years can then require at least three years in prison, and a later first, second or third degree prison commitment can carry lifetime conditional release. A prior fifth degree conviction does not trigger lifetime conditional release on a later fourth degree case. Source: Minnesota Statutes 609.3455
Does fifth degree CSC require predatory offender registration?
Not for an unenhanced conviction standing alone, but three routes can require it. Source: Minnesota Statutes 243.166
| Situation | Registration |
|---|---|
| Charged and convicted only of unenhanced fifth degree | Not required by the fifth degree listing |
| Charged with the enhanced felony and convicted of it or an offense from the same circumstances | Required |
| Charged with a felony such as third or fourth degree CSC and convicted of fifth degree from the same circumstances | Required |
| Gross misdemeanor conviction by someone with an earlier listed offense that did not require registration at the time, or who completed registration in any state | Can be required under section 243.167 |
Source: Minnesota Statutes 243.167 Lifetime registration applies when a current registrable conviction follows a prior registrable conviction, which is a separate question from felony enhancement. See Minnesota sex offender registration requirements.
Can fifth degree CSC be expunged?
Sometimes, by petition, depending on the conviction level and registration. It is excluded from automatic expungement. Source: Minnesota Statutes 609A.015
| Disposition | Petition route |
|---|---|
| Nonregistrable gross misdemeanor | Possible three years after discharge without a new conviction |
| Felony with a sentence within gross misdemeanor or misdemeanor limits | Possible after the matching waiting period |
| Felony deemed a misdemeanor after a completed stay of imposition | Possible five years after discharge without a new conviction |
| Other felony fifth degree | Not on the list of felonies eligible for petition |
| Any conviction requiring registration | Barred |
Source: Minnesota Statutes 609A.02 Eligibility does not guarantee an order. See expungement in Minnesota.
What is the statute of limitations for fifth degree CSC?
Three years after the offense, subject to exclusions. Fifth degree is not on the no-limit list for first through fourth degree. Time when the accused did not live in Minnesota, time in a written pretrial diversion program, and time evidence was undergoing DNA analysis are excluded, so the deadline can fall later than three calendar years. Source: Minnesota Statutes 628.26 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 state must still 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 fifth degree CSC charge?
The defense depends on which route is charged.
- Consent, for penetration and contact. The state must prove the act was nonconsensual. Source: Minnesota Statutes 609.341
- No intentional touching or no sexual or aggressive intent, for contact. Accidental touching is not intentional touching.
- The act fits no defined form of contact. For a direct touching charge, whether an intimate part was involved matters, but clothing removal and seminal fluid contact are separate forms that must also be considered.
- Identity. Counsel tests who was present through video, witnesses and location data.
- Knowledge, for child presence. The state must prove the accused knew or had reason to know a child under 16 was present.
- The prior does not qualify. For an enhanced charge, the prior’s type, number and date control.
- Reliability and suppression. Counsel tests the allegation against messages and timelines, and whether a statement or search is excluded depends on the circumstances. See digital evidence in CSC investigations.
What happens after police contact or a charge in Hennepin County?
- Before any interview, talk with a lawyer, even if the matter is described as minor. 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 DNA sample is required, if none is on file, after a felony conviction or after any conviction arising from the same circumstances as a felony charge. Source: Minnesota Statutes 609.117 A conviction can appear in criminal history records and affect employment, licensing and housing, and it may carry immigration consequences for a noncitizen. See our Minneapolis sex crime lawyer and Minnesota sex crimes defense pages.
How does fifth degree differ from other CSC charges?
First degree and second degree cover penetration and contact under serious circumstances, such as fear of great bodily harm, a weapon, personal injury or an accomplice, plus age and relationship clauses. Third degree and fourth degree cover penetration and contact through coercion, force, incapacity, occupational relationships and age rules, and both always require registration. Fifth degree requires none of those circumstances. Source: Minnesota Statutes 609.345
Questions people ask
Is fifth degree criminal sexual conduct a felony in Minnesota?
Nonconsensual penetration is a felony with up to two years. Nonconsensual contact and child presence exhibition are gross misdemeanors with up to 364 days, unless a qualifying prior conviction within ten years makes the offense a felony with up to seven years. Source: Minnesota Statutes 609.3451
Does one prior fifth degree conviction make the next one a felony?
It depends on the prior. One prior fifth degree penetration or child presence conviction within ten years is enough. Prior nonconsensual contact convictions enhance only when there are two or more, measured from the first. Source: Minnesota Statutes 609.3451
Do you have to register for fifth degree CSC?
An unenhanced fifth degree conviction does not by itself require registration. It is required for the enhanced felony, and when the person was charged with a registrable felony such as fourth degree CSC and convicted of fifth degree arising from the same circumstances. Section 243.167 can also require it for some people with older qualifying convictions. Source: Minnesota Statutes 243.166
Can removing someone’s clothing count as fifth degree CSC?
Yes. Intentionally removing or attempting to remove clothing covering a person’s intimate parts or undergarments counts as sexual contact for fifth degree when done with sexual or aggressive intent and without consent. Source: Minnesota Statutes 609.3451
Can fifth degree CSC be expunged in Minnesota?
Not automatically. A nonregistrable gross misdemeanor may qualify for a petition three years after discharge without a new conviction, and some felony dispositions have separate routes. A conviction requiring registration cannot be expunged. Source: Minnesota Statutes 609A.02
Talk with Martine Law about fifth degree criminal sexual conduct charges
Whether a fifth degree case is a gross misdemeanor or felony, and whether it leads to registration, turns on the conduct, the original charge and any prior record. Martine Law PLLC can review the complaint and the 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.
