Introduction

A sex crime accusation in Minnesota carries serious and often life-altering consequences. These offenses not only include the potential for prison time, fines, and probation, but also lifelong registration as a predatory offender. But what exactly qualifies as a sex crime under Minnesota law, and how are these cases handled?

At Martine Law, we represent individuals facing serious criminal charges, including sex offenses. In this article, we break down the laws, classifications, penalties, and your legal options if you are accused of a sex crime in Minnesota.

Definition of a Sex Crime in Minnesota

Minnesota categorizes sex crimes under a legal framework known as Criminal Sexual Conduct (CSC). These statutes cover a broad range of unlawful sexual behaviors and are outlined in Minnesota Statutes § 609.341 – § 609.3455.

Sex crimes in Minnesota typically involve one or more of the following:

Lack of consent
Use of force or coercion
Victim incapacity (due to age, mental state, or intoxication)
Position of authority or trust
Sexual contact with minors

Even non-violent or non-physical acts may qualify as sex offenses, depending on the context and intent.

Categories of Criminal Sexual Conduct in Minnesota

There are five degrees of criminal sexual conduct in Minnesota, ranging from first-degree (most severe) to fifth-degree (least severe).

1. First-Degree Criminal Sexual Conduct

Involves sexual penetration with force or coercion
Victim may be under 13, or serious bodily harm may be caused
Felony offense punishable by up to 30 years in prison

2. Second-Degree Criminal Sexual Conduct

Involves sexual contact (not penetration) with force or threats
Can include cases involving minors or use of weapons
Penalties up to 25 years imprisonment

3. Third-Degree Criminal Sexual Conduct

Involves penetration, but with fewer aggravating factors
Often includes statutory rape involving minors aged 13 to 15
Maximum sentence of 15 years

4. Fourth-Degree Criminal Sexual Conduct

Involves sexual contact with minors or without consent
Less severe than second-degree, but still a felony
Up to 10 years imprisonment

5. Fifth-Degree Criminal Sexual Conduct

Includes non-consensual sexual contact or indecent exposure
Often charged as a gross misdemeanor, or a felony if repeated
May lead to 1–5 years in prison, depending on prior convictions

These classifications depend on a range of factors, including the victim’s age, the relationship between the accused and the victim, use of force or threats, and whether the accused had a position of authority.

What Counts as Consent Under Minnesota Law?

Consent is a major component of sex crime cases. Under Minnesota law, consent means freely given agreement — not coerced or assumed.

Consent is not valid if:

The victim is underage (even if they agree)
The victim is mentally incapacitated or intoxicated
The accused is in a position of authority (e.g., teacher, therapist)
Consent was obtained by deception or manipulation

In cases where consent is unclear or disputed, the prosecution must prove beyond a reasonable doubt that consent was not given or could not be given legally.

What Is Statutory Rape in Minnesota?

Statutory rape in Minnesota falls under Third- and Fourth-Degree Criminal Sexual Conduct. It involves sexual activity with minors below the age of legal consent, which is 16 in most cases.

Key points:

If the minor is under 13, any sexual contact is automatically first-degree CSC
If the minor is 13 to 15, it may be third- or fourth-degree CSC depending on the age gap
Close-in-age exemptions (often called “Romeo and Juliet” laws) may not apply in every situation

A person does not need to be aware of the victim’s age to be convicted. Claiming ignorance is not a valid defense in most cases.

What Is Required to Register as a Sex Offender?

Anyone convicted of most sex crimes in Minnesota is required to register as a predatory offender, managed by the Minnesota Department of Corrections. This includes:

Updating your address, employment, and vehicle information
Periodic in-person check-ins with law enforcement
Lifetime registration for certain crimes or repeat offenders

Failure to register correctly or on time is itself a felony offense.

Collateral Consequences of a Sex Crime Conviction

Beyond prison time and registration, a sex crime conviction can affect nearly every aspect of your life:

Loss of employment or professional licenses
Barriers to housing and education
Immigration consequences (including deportation)
Loss of child custody or parenting rights
Public stigma and reputational damage

This is why it is essential to consult with a defense attorney as soon as you learn of an investigation or arrest.

Defenses to Sex Crime Charges in Minnesota

Every case is unique, but possible defenses include:

Consent: If both parties agreed and were capable of consenting
Mistaken identity: Misidentification by the victim or witnesses
False allegations: Often arise during divorce or custody disputes
Lack of evidence: No physical evidence or unreliable testimony
Police misconduct: Illegal search or improper questioning

An experienced lawyer will evaluate your case and build a customized defense based on the facts and law.

What to Do If You’re Accused of a Sex Crime

If you’ve been accused of a sex offense:

Do not speak to police without a lawyer present
Avoid contact with the accuser
Preserve evidence such as texts, emails, or social media
Contact a criminal defense attorney immediately

Early intervention can change the course of the case. Let your lawyer communicate on your behalf and begin building your defense strategy right away.

How Martine Law Can Help

At Martine Law, we provide aggressive, confidential representation for those accused of sex crimes in Minnesota. We know how high the stakes are and will work tirelessly to protect your rights, freedom, and future.

Our team can help by:

Reviewing the prosecution’s case for weaknesses
Gathering evidence and expert testimony
Negotiating plea agreements or diversion options when possible
Fighting for your acquittal in court when needed

We understand the sensitive nature of these charges and will treat your case with the seriousness and discretion it deserves.

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A sex crime accusation can destroy your future if not handled correctly. Don’t face the legal system alone. Contact Martine Law today for a confidential case review and begin defending your reputation, rights, and freedom.

What Is a Sex Crime Under Minnesota Law?