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Martine Law PLLC | Updated October 23, 2026
Second degree criminal sexual conduct in Minnesota is a felony under Minnesota Statutes section 609.343 involving sexual contact under a circumstance listed in the statute. Penetration does not have to be proved. The ordinary maximum is 25 years in prison and a $35,000 fine. Most clauses carry a 90-month presumptive executed sentence, while three age and relationship clauses are sentenced lower, with probation presumed at criminal history scores of zero and one. Source: Minnesota Statutes 609.343
| Clause group | Grid level | Score zero sentence | Presumptive disposition |
|---|---|---|---|
| Subdivision 1, clauses (a) to (e), and subdivision 1a, clauses (a) to (d), (h) and (i) | B | 90 months, range 90 to 108 | Prison at every score |
| Subdivision 1a, clauses (e), (f) and (g) | D | 36 months, range 31 to 43 | Stayed at scores 0 and 1, prison at 2 or more |
Source: Minnesota Sentencing Guidelines 4.B, Sex Offender Grid, effective August 1, 2026
What is second degree criminal sexual conduct in Minnesota?
Second degree CSC is sexual contact combined with an aggravating circumstance listed in section 609.343. Unlike first degree, the state does not need to prove penetration. Source: Minnesota Statutes 609.343
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 17
What counts as sexual contact?
Sexual contact is touching of intimate parts 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. Source: Minnesota Statutes 609.341
For most second degree clauses, sexual contact includes these acts, committed without consent except where consent is no defense:
- The actor intentionally touching the complainant’s intimate parts
- The complainant touching 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
- Intentionally touching the complainant’s body or clothing with seminal fluid or sperm
For the significant relationship clauses, (g) and (h), the definition is broader: touching by the complainant or by another person counts without proof of coercion or authority. Source: Minnesota Statutes 609.341 See the difference between sexual contact and sexual penetration.
What must prosecutors prove under section 609.343?
The state must prove sexual 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). Source: Minnesota Statutes 609.343 Force includes threats of harm or of another crime that the complainant reasonably believes the actor can carry out, and personal injury includes bodily harm, severe mental anguish or pregnancy. Source: Minnesota Statutes 609.341
How do age and relationship rules affect the charge?
Four clauses of subdivision 1a turn on age and relationship, and in each one neither consent nor a mistake about age is a defense. Source: Minnesota Statutes 609.343
| Clause | Complainant age | Age gap | Other requirement |
|---|---|---|---|
| 1a(e) | Under 14 | More than 36 months | None; coercion need not be proved |
| 1a(f) | 14 or 15 | More than 36 months | Current or recent position of authority |
| 1a(g) | Under 16 | None | Significant relationship |
| 1a(h) | Under 16 | None | Significant relationship plus force or coercion by the actor or an accomplice, personal injury, or multiple acts over an extended period |
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.
Is the sentence for second degree CSC 90 months or 36 months?
It depends on the clause. For the Level B clauses, the court must presume a 90-month executed sentence unless a longer mandatory minimum or Guidelines sentence applies, and other dispositions are departures. Source: Minnesota Statutes 609.343 Clauses 1a(e), (f) and (g) are not covered by that presumption and are ranked at Level D.
| Criminal history score | 0 | 1 | 2 | 3 | 4 | 5 | 6+ |
|---|---|---|---|---|---|---|---|
| Level B months | 90 | 110 | 130 | 150 | 195 | 255 | 300 |
| Level D months | 36 | 48 | 60 | 70 | 91 | 119 | 140 |
Source: Minnesota Sentencing Guidelines 4.B Each cell has a range a judge may use without departing, such as 90 to 108 months at Level B and score zero, and no sentence may exceed the 300-month statutory maximum unless an enhancement allows it. For offenses on or after August 1, 2026, qualifying custody status, such as probation, adds 15 months at Level B or 7 at Level D, doubled if that status was for a felony sex offense. Source: Minnesota Sentencing Guidelines 2.C See Minnesota sentencing guidelines in felony cases.
An executed sentence is ordinarily two-thirds in prison and one-third on supervised release, so a 90-month sentence means 60 months in prison and 30 on release, subject to extension for disciplinary violations. Source: Minnesota Statutes 244.101
Can you get probation for second degree CSC?
Yes for some clauses. For clauses 1a(e), (f) and (g), the grid presumes a stayed sentence at criminal history scores of zero and one, meaning probation with up to 364 days of local confinement possible as a condition. A presumptive stay is not guaranteed, and mandatory laws can override it. Source: Minnesota Sentencing Guidelines 4.B
For the Level B clauses, probation requires a dispositional departure for substantial and compelling reasons, 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 clause 1a(g), the court may also use a special treatment stay if it 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 609.343
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
Can probation still involve lifetime registration?
Yes. Registration does not depend on whether the sentence was stayed. A person charged with felony second degree CSC must register if convicted of that offense or another offense arising from the same circumstances. 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, so the under-14 clause 1a(e) carries lifetime registration even where probation is presumed. 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
When do life sentences and conditional release apply?
Life sentences for heinous elements apply only to the Level B clause group. One heinous element requires life with a court-set minimum term; two, or one plus a previous conviction under 609.342, 609.343, 609.344 or penetration-based sexual extortion, require life without release, except that a person under 18 at the time receives life imprisonment instead. An element of the charged clause cannot count, and the same facts cannot prove two heinous elements. Separate repeat-offender life provisions can reach any second degree clause. Source: Minnesota Statutes 609.3455
Conditional release follows only a prison commitment: ten years after release, or lifetime after a life sentence or with a previous or prior sex offense conviction. A stayed sentence is not itself a prison commitment. Source: Minnesota Statutes 609.3455
Can an old allegation still be prosecuted?
Current law sets no deadline to file a second 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 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. 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 the rape shield rules in Minnesota.
What defenses may apply to a second degree CSC charge?
- No sexual or aggressive intent. Accidental contact, legitimate medical care or ordinary caregiving may fail the intent requirement, though calling conduct care is not itself a defense.
- Consent, where it applies. Consent means freely given present agreement shown by words or overt actions. 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, fear or accomplice element fails, that count fails, though another clause or offense may still apply.
- Age and relationship facts. The 36-month gap applies to clauses (e) and (f), the authority window is 120 days, and the relationship list is defined by statute.
- Reliability and suppression. Counsel can test the allegation against messages, timelines and witnesses, and seek to suppress unlawfully obtained statements or evidence. A warrantless search is not automatically unlawful. See digital evidence in CSC investigations.
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. 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. Source: Minnesota Statutes 609.498 Keep messages and records; deleting data can destroy helpful evidence.
- At the omnibus hearing, probable cause, evidentiary and constitutional issues are heard. Source: Minnesota Rules of Criminal Procedure 11 See what an omnibus hearing is.
A conviction also requires a DNA sample if none is on file and a fine of at least 30 percent of the maximum, which cannot be waived. 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 second degree differ from first, fourth and fifth degree CSC?
These are selected differences. First degree uses the same circumstances but requires penetration or a narrow bare-skin contact with a child under 14. Fourth degree is also sexual contact, but under circumstances such as coercion or incapacity, and for a 14 or 15 year old requires a more than 36-month gap or a position of authority, not both. Source: Minnesota Statutes 609.345 Third degree is the penetration counterpart of fourth degree. Fifth degree covers nonconsensual contact and certain conduct in the known presence of a child under 16. Source: Minnesota Statutes 609.3451
Questions people ask
Does touching over clothing count as second 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 second degree clause are proved. Source: Minnesota Statutes 609.341
Does second degree CSC require penetration?
No. It requires sexual contact. Penetration need not be proved, and an allegation of penetration does not by itself rule out a second degree charge. Source: Minnesota Statutes 609.343
Can a first-time offender get probation for second degree CSC?
For clauses 1a(e), (f) and (g), probation is presumed at criminal history scores of zero and one. For the other clauses, prison for 90 months is presumed and probation requires a departure. Source: Minnesota Sentencing Guidelines 4.B
Is registration always lifetime for second 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
Is there a statute of limitations for second 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 second degree criminal sexual conduct charges
Whether a second degree charge presumes prison or probation, and whether registration is lifetime, turns on the exact clause. Martine Law PLLC can review the complaint, the sentencing group and the defenses with you before you make any decision. 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.
