First Degree Criminal Sexual Conduct in Minnesota: Elements, Penalties and Defenses

Reviewed by the Marketing Team · Last updated October 26, 2026

Martine Law PLLC | Updated October 23, 2026

First degree criminal sexual conduct in Minnesota is a felony under Minnesota Statutes section 609.342. It involves sexual penetration, or a narrowly defined type of sexual contact with a child under 14, when a circumstance listed in the statute exists. The ordinary maximum is 30 years in prison and a $40,000 fine, and the presumptive executed sentence starts at 144 months, although departures and special sentencing laws can change the outcome. Source: Minnesota Statutes 609.342

What is first degree criminal sexual conduct in Minnesota?

First degree CSC is sexual penetration, or sexual contact with a person under 14, combined with an aggravating circumstance listed in section 609.342. Source: Minnesota Statutes 609.342

Sexual penetration includes intercourse, oral or anal sex, and any intrusion however slight into the genital or anal openings. The “sexual contact with a person under 14” used here is narrower than ordinary sexual contact: it means intentional bare genital or anal contact between the actor and the complainant, or between the complainant and another person, with sexual or aggressive intent. Other touching of a child is charged under other degrees. Source: Minnesota Statutes 609.341 See the difference between sexual contact and sexual penetration.

The current text, with an adult victim subdivision 1 and a victim under 18 subdivision 1a, comes from a 2021 rewrite that applies to crimes committed on or after September 15, 2021. Earlier conduct is judged under the law in effect at the time. Source: Laws 2021, First Special Session, chapter 11, article 4, section 16

What must prosecutors prove under section 609.342?

The state must prove penetration, or the special under-14 contact, plus every element of the clause charged. For an adult complainant, the clauses of subdivision 1 are:

• (a) circumstances caused a reasonable fear of imminent great bodily harm to the complainant or another
• (b) the actor was armed with a dangerous weapon, or an article used or fashioned to look like one, and used or threatened to use it to cause submission
• (c) the actor caused personal injury and used coercion, used or threatened force, or knew or had reason to know the complainant was mentally impaired, mentally incapacitated or physically helpless
• (d) the actor used force by inflicting bodily harm
• (e) the actor was aided or abetted by an accomplice, and the actor or an accomplice used force or coercion, or used or threatened a real or apparent weapon, to cause submission. Mere possession of a weapon is not enough.

Subdivision 1a repeats these for complainants under 18 as clauses (a) to (d) and (i), and adds age and relationship clauses. Source: Minnesota Statutes 609.342

The defined terms matter. Force includes threats of harm or of another crime that the complainant reasonably believes the actor can carry out. Personal injury includes bodily harm, severe mental anguish or pregnancy. Mental incapacity can come from a substance given without agreement, or from any substance that leaves a person unable to consent. Source: Minnesota Statutes 609.341

How do age and relationship rules affect a first degree charge?

Four clauses turn on age and relationship rather than force, and in each one neither consent nor a mistake about age is a defense. Source: Minnesota Statutes 609.342

A significant relationship covers a parent, stepparent or guardian, listed relatives by blood, marriage or adoption, a non-spouse adult who lives in the same home regularly or intermittently, and an adult who is or was in a significant romantic or sexual relationship with the parent. A position of authority includes anyone responsible for a child’s care or supervision, however briefly, at the time of the act or within the prior 120 days. Source: Minnesota Statutes 609.341

For crimes on or after August 1, 2026, a judge may treat it as an aggravating sentencing factor that an adult intentionally deceived a minor into believing the adult was also a minor. Source: Laws 2026, chapter 97, article 6, sections 1 and 2 See the age of consent in Minnesota.

What sentence applies to first degree CSC?

The court must presume a 144-month executed sentence unless a longer mandatory minimum or Guidelines sentence applies, and any other disposition is a departure. Source: Minnesota Statutes 609.342

First degree CSC is Severity Level A on the Sex Offender Grid, where every cell presumes prison. These fixed durations come with a range a judge may use without departing:

Source: Minnesota Sentencing Guidelines 4.B, Sex Offender Grid, effective August 1, 2026 The criminal history score is a weighted calculation, not a count of convictions. For offenses on or after August 1, 2026, being on qualifying custody status, such as probation, adds 18 months, doubled if that status was for a felony sex offense. Source: Minnesota Sentencing Guidelines 2.C See how criminal history scores affect sentencing.

How much of a 144-month sentence is served in prison?

Ordinarily two-thirds, 96 months, in prison and one-third, 48 months, on supervised release. Disciplinary violations can extend prison time up to the full sentence, and conditional release is a separate obligation. Source: Minnesota Statutes 244.101

Can you get probation for first degree CSC?

Yes, but only through a departure or the special treatment stay, and not when a mandatory prison law applies. A judge may depart from presumptive prison only for substantial and compelling reasons stated on the record, such as a finding that the person is particularly amenable to probation. 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 a conviction under clause 1a(g), the court may stay the sentence if a stay serves the complainant or family unit and an assessment shows the person was accepted by and can respond to treatment. Probation must include local jail time, treatment, and no unsupervised contact with the complainant until treatment ends unless the program and supervising agent approve. Source: Minnesota Statutes 609.342

A conviction within 15 years of a previous sex offense conviction requires at least three years in prison, stayed only for acceptance into a commissioner-approved long-term inpatient sex offender program. Source: Minnesota Statutes 609.3455

When does a life sentence apply?

Life sentences for heinous elements apply only to subdivision 1, clauses (a) to (e), and subdivision 1a, clauses (a) to (d), (h) and (i). Source: Minnesota Statutes 609.3455

• One heinous element: life, with a court-set minimum term before release can be considered.
• Two heinous elements, or one plus a previous conviction under 609.342, 609.343, 609.344 or penetration-based sexual extortion: life without release, except that a person under 18 at the time receives life imprisonment instead.

Heinous elements include torture, intentionally inflicted great bodily harm, mutilation, extreme inhumane conditions, using or threatening a weapon to cause submission, multiple victims, multiple perpetrators, and removal without release in a safe place. An element of the charged clause cannot count, and the same facts cannot prove two heinous elements. The statute also mandates life for certain repeat offenders and at least double the presumptive sentence for offenders found dangerous and engrained. Source: Minnesota Statutes 609.3455

What is conditional release after prison?

When a court commits a person to prison for first degree CSC, ten years of conditional release follow release from prison. It is lifetime after a life sentence under section 609.3455, or when the person has a previous or prior sex offense conviction. Conditions may include treatment and aftercare, and a violation can return the person to prison for part or all of the remaining term. Source: Minnesota Statutes 609.3455

Does first degree CSC require predatory offender registration?

Yes. A person charged with felony first degree CSC must register if convicted of that offense or another offense arising from the same circumstances, so a plea to a lesser charge may not end the duty. Registration lasts ten years or until supervision ends, whichever is later, and can be extended or restarted. It is lifetime for subdivision 1, clauses (a) to (c) or (e), subdivision 1a, clauses (a) to (e) 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 an old allegation still be prosecuted?

Current law sets no deadline to file a first 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 Older allegations need a review of the deadline in effect at the time. 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 DNA evidence in Minnesota CSC cases.

What defenses may apply to a first degree CSC charge?

The defense starts with the exact clause charged, because the state must prove that clause’s elements.

• Consent, where it applies. Consent means words or overt actions showing freely given present agreement to the act. A relationship or failure to resist is not consent, a person who is incapacitated or physically helpless cannot consent, and consent is no defense to the age clauses. Source: Minnesota Statutes 609.341 See what consent means in CSC cases.
• The charged circumstance is not proven. If the weapon, injury, accomplice or fear element fails, that count fails, though another clause or offense may still apply.
• Age and relationship facts. The 36-month gap applies only to clauses (e) and (f), and the relationship clauses use the statutory definition.
• Reliability. Counsel can compare the allegation with messages, timelines, location data, witnesses and forensic results. See digital evidence in CSC investigations.
• Unlawfully obtained evidence. Statements taken in violation of constitutional rights and evidence from an unlawful search may be suppressed. A warrantless search is not automatically unlawful.

What happens after a charge in Hennepin County?

A felony moves through a first appearance, discovery, an omnibus hearing, negotiation and, if needed, trial, and the county attorney prosecutes. Source: Minnesota Statutes 388.051

• Before any interview, talk with a lawyer, because statements become evidence. Read about police interviews and your rights in Minnesota.
• At the first appearance, the court sets 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 violate an order or create exposure to a charge such as witness tampering, so let counsel communicate. Source: Minnesota Statutes 609.498 Keep messages and records; deleting data can destroy helpful evidence.
• At the omnibus hearing, probable cause, evidentiary, constitutional and prior sexual conduct issues are heard. Source: Minnesota Rules of Criminal Procedure 11 See what an omnibus hearing is.

A conviction also requires a DNA sample if one is not on file, and a fine of at least 30 percent of the maximum, which can be reduced but not waived for hardship. Source: Minnesota Statutes 609.117 Source: Minnesota Statutes 609.101 For local help, see our Minneapolis sex crime lawyer and Minnesota sex crimes defense pages.

How does first degree differ from other CSC charges?

These are selected differences. Second degree uses the same circumstances but requires sexual contact, not penetration. Third degree and fourth degree cover penetration and contact through coercion, incapacity, prohibited relationships and their own age rules. Fifth degree covers nonconsensual contact or penetration and certain conduct in the known presence of a child under 16. Source: Minnesota Statutes 609.3451

Questions people ask

Can you get probation for first degree CSC in Minnesota?

Sometimes. Prison is presumptive, so probation requires a departure for substantial and compelling reasons or, for clause 1a(g), the treatment stay. Mandatory prison laws for repeat and life sentence cases can rule it out. Source: Minnesota Statutes 609.342

Is 144 months mandatory?

No. It is a presumptive executed sentence, not a mandatory minimum. A judge may sentence within 144 to 172 months at a score of zero, or depart with stated reasons, and about two-thirds of an executed sentence is served in prison. Source: Minnesota Sentencing Guidelines 4.B

Is registration always lifetime for first degree CSC?

No. It is lifetime for subdivision 1, clauses (a) to (c) or (e), subdivision 1a, clauses (a) to (e) or (h), and with a prior registrable conviction. Other clauses require at least ten years. Source: Minnesota Statutes 243.166

Can first degree CSC charges be reduced?

They can be amended or resolved as a lower offense, but registration can still apply when the conviction arises from the same circumstances. Conditional release depends on the conviction and a prison commitment, not the original charge. Source: Minnesota Statutes 243.166

Is there a statute of limitations for first degree CSC?

Not under current law. Older allegations require a review of the deadline that applied at the time and whether it had expired. Source: Minnesota Statutes 628.26

Talk with Martine Law about first degree criminal sexual conduct charges

A first degree CSC investigation or charge raises prison, conditional release and registration questions that turn on the exact clause. Martine Law PLLC can review the complaint, the sentencing exposure and the defenses with you before you make any decision. Contact Martine Law PLLC online. Phones and chat are answered 24/7, with AI covering when no staff is free. Call (612) 979-1305 to request a free consultation.

This article is general information about Minnesota law and is not legal advice for any specific situation. Criminal defense consultations are free. Your consultation is with our Director of Client Engagement, not an attorney. If you hire us, an attorney handles your case.