In Minnesota, Criminal Sexual Conduct (CSC) laws are categorized into five degrees based on the severity of the alleged offense. These laws cover a wide range of behavior, from non-consensual sexual contact to more serious acts involving force or minors.
Understanding the distinctions between each degree is critical, whether you’re facing charges, supporting a loved one, or simply want to know your rights.
At Martine Law, we believe in educating our clients and community so they can navigate the legal system with clarity. Here’s a detailed look at Minnesota’s five degrees of CSC, including definitions, common examples, and potential penalties.
First-Degree Criminal Sexual Conduct (Minn. Stat. § 609.342)
Definition:
This is the most serious CSC offense in Minnesota. It typically involves sexual penetration under aggravating circumstances.
Examples:
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Penetration involving a victim under 13 when the accused is more than 36 months older.
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Use of force, coercion, or a weapon during the act.
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Penetration involving a physically helpless or mentally impaired victim.
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Situations involving multiple offenders or significant injury.
Penalties:
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Up to 30 years in prison
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Up to $40,000 in fines
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Mandatory registration as a sex offender
Aggravating factors (like a prior CSC conviction or serious injury) can lead to longer sentences or lifetime supervision.
Second-Degree Criminal Sexual Conduct (Minn. Stat. § 609.343)
Definition:
This charge involves sexual contact (not penetration) under similar aggravating conditions as first-degree CSC.
Examples:
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Sexual touching of a child under 13 by someone significantly older.
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Contact with a person who is mentally impaired, unconscious, or under threat.
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Situations involving weapons or physical force.
Penalties:
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Up to 25 years in prison
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Up to $35,000 in fines
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Sex offender registration required
Second-degree CSC is still a felony offense and carries serious long-term consequences.
Third-Degree Criminal Sexual Conduct (Minn. Stat. § 609.344)
Definition:
Third-degree CSC includes penetration, but without the extreme circumstances found in first-degree cases.
Examples:
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Sexual penetration with a 16- or 17-year-old where the actor is in a position of authority (e.g., teacher, coach).
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Penetration where the victim is intoxicated or mentally impaired and cannot consent.
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Penetration with someone who did not give consent due to coercion or fear.
Penalties:
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Up to 15 years in prison
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Up to $30,000 in fines
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Sex offender registration required
While considered less severe than first-degree, third-degree CSC still involves prison time and significant stigma.
Fourth-Degree Criminal Sexual Conduct (Minn. Stat. § 609.345)
Definition:
This degree mirrors third-degree CSC but involves sexual contact instead of penetration.
Examples:
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Inappropriate touching under circumstances where consent cannot be given (due to intoxication, fear, etc.).
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Contact between a teacher and a 16- or 17-year-old student.
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Touching during a massage or medical exam under false pretenses.
Penalties:
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Up to 10 years in prison
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Up to $20,000 in fines
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Mandatory registration as a sex offender in many cases
These charges are often filed alongside others, depending on the context and severity.
Fifth-Degree Criminal Sexual Conduct (Minn. Stat. § 609.3451)
Definition:
This is the least severe CSC offense and involves non-consensual sexual contact or lewd exposure.
Examples:
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Unwanted touching over clothing.
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Masturbating in front of someone without consent.
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Repeated acts of non-consensual groping.
Penalties:
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Up to 1 year in jail and/or a $3,000 fine if charged as a gross misdemeanor
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Up to 5 years in prison and a $10,000 fine if charged as a felony (repeat offenses or minors involved)
Though less severe, fifth-degree CSC still carries serious legal and social consequences, especially if there’s a prior history.
Facing CSC Charges? You’re Not Alone.
If you or someone you know is facing charges related to Criminal Sexual Conduct in Minnesota, the stakes are incredibly high. Beyond potential prison time, a conviction can impact your job, housing, and reputation for life.
At Martine Law, we provide experienced, compassionate, and strategic defense in CSC cases. We fight for your rights, challenge weak evidence, and explore every legal avenue to protect your future.