The Basics of Criminal Sexual Conduct in Minnesota

Degrees, Penalties, and Common Defenses

Being accused of Criminal Sexual Conduct (CSC) in Minnesota is one of the most serious and life-changing events a person can face. These cases carry not only the possibility of lengthy prison sentences and sex offender registration but also devastating personal and professional consequences.

Understanding how Minnesota defines sexual offenses, what the degrees mean, and what defenses are available is essential for anyone accused or under investigation.

This guide explains Minnesota’s Criminal Sexual Conduct laws, the penalties for each degree, and the strategies experienced attorneys use to protect the accused.

How Minnesota Defines Criminal Sexual Conduct

Minnesota groups sex crimes under the umbrella term “Criminal Sexual Conduct” (CSC), codified in Minn. Stat. §§ 609.341–609.3458.

These statutes cover all types of sexual assault or abuse, ranging from non-consensual sexual contact to sexual penetration involving minors or vulnerable adults.

To prove CSC, the state must generally show:

1. A sexual act occurred, meaning sexual contact or penetration as legally defined;
2. Lack of consent, or that the act involved coercion, force, threat, or incapacity; and
3. The required relationship or circumstance, such as age difference, authority, or use of violence.

Because each case is unique, Minnesota divides Criminal Sexual Conduct into five degrees, each with specific elements and penalties.

The Five Degrees of Criminal Sexual Conduct in Minnesota

First-Degree Criminal Sexual Conduct – Minn. Stat. § 609.342

The most severe sex crime charge. It involves sexual penetration and any of the following:

• The use or threat of a dangerous weapon.
• Causing personal injury to the victim.
• The victim being under 13 and the offender being more than three years older.
• The victim being between 13 and 16, with the offender holding a position of authority.
• Multiple acts of sexual abuse over time involving the same victim.

Penalties:

• Up to 30 years in prison.
• Fines up to $40,000.
• Mandatory registration as a sex offender under Minn. Stat. § 243.166.

Because of the extreme penalties, even an allegation can permanently damage reputations, careers, and families.

Second-Degree Criminal Sexual Conduct – Minn. Stat. § 609.343

This degree involves sexual contact (not penetration) and the same aggravating factors found in first-degree cases, such as:

• Use of a weapon or threat of force.
• The victim being under 13 and the offender being more than three years older.
• The victim being physically helpless or mentally impaired.
• Abuse of a position of authority (teacher, coach, caregiver, etc.).

Penalties:

• Up to 25 years in prison.
• Fines up to $35,000.

Third-Degree Criminal Sexual Conduct – Minn. Stat. § 609.344

Third-degree CSC typically involves sexual penetration but under less aggravated circumstances. Examples include:

• The victim is between 13 and 15 and the defendant is more than two years older.
• The act occurs through coercion or fear of harm.
• The victim is mentally incapacitated or physically helpless.
• The act involves a therapist, correctional employee, or clergy member abusing their authority.

Penalties:

• Up to 15 years in prison.
• Fines up to $30,000.

Fourth-Degree Criminal Sexual Conduct – Minn. Stat. § 609.345

Fourth-degree CSC mirrors third-degree but involves sexual contact instead of penetration.

It covers:

• Sexual contact by coercion or fear.
• Sexual contact with a victim who is incapacitated or underage.
• Sexual contact where the accused holds a position of authority.

Penalties:

• Up to 10 years in prison.
• Fines up to $20,000.

Fifth-Degree Criminal Sexual Conduct – Minn. Stat. § 609.3451

The least severe CSC charge, but still serious. It involves:

• Non-consensual sexual contact (touching intimate parts).
• Lewd exposure or masturbation in the presence of another without consent.

Penalties:

• Usually a gross misdemeanor (up to 1 year in jail).
• Can become a felony if there are prior CSC convictions or similar offenses.

Even this “lowest” degree can require sex offender registration and have lasting consequences.

Related Offenses and Enhancements

Certain circumstances can elevate penalties or add new charges, including:

• Repeat offenses: Prior CSC or sex-related convictions trigger mandatory minimum sentences.
• Aggravated circumstances: Use of a weapon, infliction of injury, or multiple victims can increase the degree.
• Failure to register as a sex offender: A separate felony under Minn. Stat. § 243.166, punishable by up to 5 years.

Understanding Consent Under Minnesota Law

Consent is a central issue in most CSC cases. Under Minn. Stat. § 609.341, subd. 4, “consent” means freely and voluntarily agreeing to engage in sexual contact or penetration.

Consent cannot exist when:

• The victim is under 13 (regardless of agreement).
• The victim is between 13 and 16 and the offender is significantly older or in a position of authority.
• The victim is physically helpless, asleep, intoxicated, or mentally incapacitated.
• The act occurs through coercion, fear, or deception.

Because consent often comes down to one person’s word against another’s, these cases require careful examination of evidence, communication, and context.

How Prosecutors Build a CSC Case

Prosecutors rely on many types of evidence to prove guilt beyond a reasonable doubt, including:

• Complainant statements. The alleged victim’s testimony is often the centerpiece.
• Physical evidence. DNA, clothing, or injury reports from a Sexual Assault Nurse Examiner (SANE) exam.
• Electronic evidence. Text messages, emails, or social media conversations.
• Witness statements. Friends, relatives, or bystanders who observed the alleged incident or its aftermath.
• Expert testimony. Medical or psychological experts who explain trauma or injuries.

However, sexual assault investigations are not infallible. Misinterpretations, false memories, or lack of corroborating evidence can lead to wrongful charges.

Common Defenses to Criminal Sexual Conduct Charges

An experienced Minneapolis criminal defense attorney will analyze every detail of the case to find weaknesses in the prosecution’s evidence.

1. Consent

In adult cases, the defense may argue the sexual act was consensual and that the accusation stemmed from regret, misunderstanding, or outside pressure.

2. False Allegations

False reports can occur in custody disputes, relationship conflicts, or revenge situations. Demonstrating inconsistencies or motives to fabricate can undermine the prosecution’s case.

3. Lack of Evidence

Many CSC cases rely solely on testimony without physical evidence. The defense can challenge the reliability and sufficiency of the state’s proof.

4. Mistaken Identity

DNA errors, faulty memory, or misidentification can lead to charges against the wrong person.

5. Improper Police Procedures

If investigators violated rights during questioning, search, or evidence collection, the defense can move to suppress evidence.

6. Mental Incapacity or Lack of Intent

The defense can argue the accused lacked the intent or awareness necessary for the alleged act.

Because of the stigma surrounding sex crimes, presenting a clear, fact-based defense is critical.

What Happens After an Arrest

1. Arrest or Notice to Appear

Police may arrest the suspect immediately or after investigation.

2. Bail and Conditions

Judges often impose strict conditions, including no-contact orders and travel restrictions.

3. Discovery and Pretrial Motions

The defense reviews all evidence and may file motions to suppress or dismiss charges.

4. Plea Negotiations or Trial

Depending on the evidence, attorneys may negotiate a plea deal or take the case to trial.

5. Sentencing and Registration

Convictions lead to sentencing and, in nearly all cases, sex offender registration.

Sex Offender Registration Requirements

Under Minn. Stat. § 243.166, anyone convicted of qualifying sex crimes must register with law enforcement for 10 years or longer, depending on the conviction.

Registration requires providing an address, employment, and contact information, with strict reporting obligations. Failing to register is itself a felony offense.

Collateral Consequences of a CSC Conviction

Beyond imprisonment and fines, CSC convictions carry severe lifelong effects:

• Public stigma and loss of reputation.
• Employment and housing difficulties due to background checks.
• Restriction from living near schools or parks.
• Loss of voting and firearm rights.
• Impact on family law cases, including child custody.

Even being accused—without conviction—can lead to job termination and social isolation.

How an Experienced Attorney Can Help

Defending a CSC charge requires knowledge of forensic evidence, trauma psychology, and Minnesota’s specific procedural laws.

A skilled Minneapolis sex crimes lawyer can:

• Investigate inconsistencies in the complaint.
• Challenge improper police interviews or search warrants.
• Review SANE and DNA reports for errors.
• Retain medical or forensic experts.
• Negotiate for reduced charges or alternative outcomes.
• Present a strong defense at trial.

Having the right attorney early in the process can make a crucial difference.

Key Takeaways

• Minnesota divides Criminal Sexual Conduct into five degrees, ranging from misdemeanor to major felony.
• Penalties can include up to 30 years in prison, heavy fines, and lifelong registration.
• Consent, false allegations, and lack of evidence are among the most common defenses.
• Convictions carry devastating personal, professional, and social consequences.
• Early legal intervention is vital—before speaking to police or investigators.

Contact Martine Law

Facing a Criminal Sexual Conduct charge in Minnesota can feel overwhelming, but you are not alone. At Martine Law, we defend clients accused of all degrees of CSC with experience, compassion, and determination.

We understand how prosecutors build these cases and how to expose weaknesses in the evidence. Our goal is to protect your rights, your freedom, and your future.

Contact us today for a confidential consultation with a defense attorney who will stand by you every step of the way.