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

Reviewed by the Marketing Team · Last updated October 23, 2026

Martine Law PLLC | Updated October 23, 2026

Fourth degree criminal sexual conduct in Minnesota is a felony under Minnesota Statutes section 609.345 that requires sexual contact under a listed circumstance, such as coercion, force, a complainant who cannot consent, a prohibited occupational relationship, or certain age and relationship facts. Penetration does not have to be proved. The ordinary maximum is ten years in prison and a $20,000 fine. Absent a mandatory sentencing law or departure, probation is presumed at criminal history scores of zero to two, but every conviction requires predatory offender registration. Source: Minnesota Statutes 609.345

Source: Minnesota Sentencing Guidelines 4.B and 5.A, effective August 1, 2026

What is fourth degree criminal sexual conduct in Minnesota?

Fourth degree CSC is sexual contact combined with a circumstance listed in section 609.345. Penetration need not be proved, and an allegation of penetration does not by itself rule out a fourth degree charge. Source: Minnesota Statutes 609.345

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 19

What touching counts as sexual contact?

Sexual contact is touching done with sexual or aggressive intent, and it includes touching through clothing. Intimate parts are the primary genital area, groin, inner thigh, buttocks and breast. For every fourth degree clause except 1a(f) and (g), it means these acts, committed without consent except where consent is no defense: Source: Minnesota Statutes 609.341

• The actor intentionally touching the complainant’s intimate parts
• The complainant touching the actor’s, their own or another person’s intimate parts, when caused by a person in a position of authority, by coercion, or by inducement of a child under 14 or a mentally impaired person
• Another person touching the complainant’s intimate parts, when caused by coercion or a person in a position of authority
• Touching the clothing over the immediate area of the intimate parts in any of those cases
• The actor intentionally touching the complainant’s body or clothing with seminal fluid or sperm

For the significant relationship clauses, 1a(f) and (g), a broader definition applies: touching by the complainant or by another person counts without proof of coercion or authority. Bare skin contact is not required for any clause. See the difference between sexual contact and sexual penetration.

What must prosecutors prove under section 609.345?

The state must prove sexual contact plus the charged clause. For adults, subdivision 1 covers coercion, an actor who knew or had reason to know the complainant was mentally impaired, mentally incapacitated or physically helpless, force as defined in section 609.341, subdivision 3, clause (2), and a prohibited occupational relationship. Subdivision 1a repeats these for complainants under 18 as clauses (c), (d), (h) and (i) and adds age and relationship clauses, in each of which consent is not a defense. Source: Minnesota Statutes 609.345

Third degree’s 14 or 15 year old clause is different: it requires a gap over 24 months and has no position of authority alternative. Source: Minnesota Statutes 609.344 See the age of consent in Minnesota.

What do the key terms 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 includes being so affected by any substance that the person cannot consent.
• Personal injury includes bodily harm, severe mental anguish or pregnancy.
• Position of authority includes anyone responsible for a child’s care or supervision, however briefly, now or within the prior 120 days, and for sexual contact it includes a psychotherapist.
• Significant relationship covers parents, stepparents, guardians, listed relatives, adults living in the home, and a parent’s romantic or sexual partner.

A prohibited occupational relationship requires a listed occupation and its statutory circumstances, such as a psychotherapist with a patient or a peace officer with someone not reasonably free to leave. Except for massage, consent is not a defense.

What sentence applies to fourth degree CSC?

The ordinary maximum is ten years and $20,000, subject to the special sentencing laws in section 609.3455. Source: Minnesota Statutes 609.345

Source: Minnesota Sentencing Guidelines 4.B These are presumptive durations with ranges, and a first CSC charge does not guarantee a score of zero. The 2026 Guidelines govern offenses on or after August 1, 2026; for those, qualifying custody status such as probation adds 6 months at Level E or 4 at Level F, doubled for felony sex offense custody status. Source: Minnesota Sentencing Guidelines 2.C See how criminal history scores affect sentencing.

Special laws override the grid. A conviction within 15 years of a previous sex offense conviction requires at least three years in prison. Mandatory life for repeat offenders applies to fourth degree only when the earlier convictions were first, second or third degree CSC or certain other listed offenses, and offenders found dangerous and engrained face at least double the presumptive term. 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 fourth degree CSC?

Yes. At criminal history scores of zero to two, both Level E and Level F presume a stayed sentence. With a stay of execution, the court pronounces a prison term and suspends it; with a stay of imposition, it pronounces none, and a completed stay leaves the conviction deemed a misdemeanor. Probation can include up to 364 days of local confinement and can last up to ten years. Source: Minnesota Sentencing Guidelines 1.B and 3.A Source: Minnesota Statutes 609.135 See how a stay of imposition works.

A violation does not automatically mean prison; revocation requires a hearing. Source: Minnesota Rules of Criminal Procedure 27 See consequences of probation violations.

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 For clause 1a(f), unless mandatory imprisonment applies, the court may stay the sentence if that serves the complainant or family unit and the person is accepted into and can respond to treatment, with jail, treatment and contact limits. Source: Minnesota Statutes 609.345 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 See how probation works for felony charges.

What is conditional release for fourth degree CSC?

When the court commits a person to prison for fourth degree CSC, ten years of conditional release follow release from prison. It is lifetime only if a previous or prior conviction was for first, second or third degree CSC, criminal sexual predatory conduct, sexual extortion by penetration, or a similar law elsewhere, not a prior fourth or fifth degree conviction. A stayed sentence does not trigger conditional release. Source: Minnesota Statutes 609.3455

Does fourth degree CSC require predatory offender registration?

Yes, even when the sentence is stayed. A person charged with felony fourth 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 fourth degree CSC be reduced or expunged?

A fourth degree charge can be amended or resolved as a lower offense, such as fifth degree CSC, but a conviction arising from the same circumstances as the original felony charge still requires registration and a DNA sample if none is on file. Source: Minnesota Statutes 243.166 Source: Minnesota Statutes 609.117 Records of a conviction that requires registration may not be expunged. Source: Minnesota Statutes 609A.02 See expungement in Minnesota.

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 Current law sets no deadline to file a fourth degree complaint, but older conduct needs a review of the deadline then in effect; a 2026 amendment reaches older crimes only if their limitations period had not expired before August 1, 2026. Source: Minnesota Statutes 628.26 Source: Laws 2026, chapter 97, article 3, section 4 See Minnesota’s criminal statute of limitations.

What defenses may apply to a fourth degree CSC charge?

• No sexual or aggressive intent. Accidental touching is not intentional touching, and legitimate care without sexual or aggressive intent is not sexual contact, though a caregiver role is not itself a defense.
• Consent, where it applies. Consent means words or overt actions showing freely given present agreement to the particular act. 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 every element of the clause charged. If one theory fails, another clause or a fifth degree charge may still be pursued if its own elements are proved.
• Mistake of age. Under clause 1a(b), an actor no more than 60 months older may prove by a preponderance of the evidence a reasonable belief that the complainant was 16 or older. The clause also uses the phrase “less than 60 months,” so the exact boundary needs review. Source: Minnesota Statutes 609.345
• Reliability and suppression. Counsel tests the allegation against messages, timelines and witnesses, 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?

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.

This page describes adult sentencing; an accused under 18 faces juvenile court procedures first, including certification rules. Source: Minnesota Statutes 260B.125 See our Minneapolis sex crime lawyer and Minnesota sex crimes defense pages.

How does fourth 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. Third degree is the penetration counterpart, with a different 14 or 15 year old rule. Fifth degree covers nonconsensual contact or penetration without requiring those circumstances, plus certain conduct in the known presence of a child under 16; contact is a gross misdemeanor unless enhanced, and penetration is a felony. Source: Minnesota Statutes 609.3451

Questions people ask

Does touching over clothing count as fourth degree CSC?

It can. Sexual contact includes touching the clothing over the immediate area of the intimate parts, if done with sexual or aggressive intent and the other elements of a fourth degree clause are proved. Source: Minnesota Statutes 609.341

Will a first-time offender go to prison for fourth degree CSC?

Not presumptively at criminal history scores of zero to two, where the grid presumes a stayed sentence of 24 months at Level E or 18 months at Level F at a score of zero. Prison becomes presumptive at a score of three, and mandatory repeat-offender laws or a departure can change the result. Source: Minnesota Sentencing Guidelines 4.B

Does pleading down to fifth degree avoid registration?

Not when the person was charged with felony fourth degree CSC and the fifth degree conviction arises from the same set of circumstances. Registration is then required, and the record cannot be expunged. Source: Minnesota Statutes 243.166

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 fourth degree criminal sexual conduct charges

A fourth degree conviction means felony registration even when probation is presumed. 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.