In Minnesota, Criminal Sexual Conduct (CSC) charges cover a wide range of alleged sexual offenses, from unwanted touching to acts involving penetration. The distinction between sexual contact and sexual penetration is critical—because it determines the degree of the charge and the severity of potential penalties.
At Martine Law, we help clients understand how Minnesota law defines these terms, what prosecutors must prove, and how to build a strong defense against false or exaggerated accusations.
How Minnesota Classifies Criminal Sexual Conduct
Minnesota divides sex offenses into five degrees of Criminal Sexual Conduct, each defined in Minn. Stat. §§609.342–609.3451.
The level of the charge depends largely on:
- The nature of the sexual act (contact vs. penetration)
- The age and relationship of the alleged victim and accused
- The use of force, coercion, or threats
- Whether a weapon was used or the victim was incapacitated
The first three degrees generally involve sexual penetration, while the fourth and fifth degrees involve sexual contact.
Understanding these definitions is key to knowing what the state must prove—and what defenses may apply.
What Counts as Sexual Penetration Under Minnesota Law
Under Minn. Stat. §609.341, Subd. 12, “sexual penetration” includes:
- Any intrusion, however slight, of the penis into the genital or anal openings;
- Any intrusion, however slight, of any part of the body or any object into the genital or anal openings;
- Cunnilingus or fellatio (oral sexual acts); or
- Any act of sexual intercourse, regardless of ejaculation or physical injury.
Key takeaway: even minimal or momentary intrusion qualifies as penetration under Minnesota law.
This means the state doesn’t have to prove full intercourse or physical harm—just any degree of intrusion that meets the statutory definition.
What Counts as Sexual Contact Under Minnesota Law
According to Minn. Stat. §609.341, Subd. 11, “sexual contact” includes a variety of physical touches done with sexual or aggressive intent.
Sexual contact may include:
- Touching the intimate parts of another person, or
- Having another person touch your intimate parts,
- Through clothing or on bare skin,
- When the act is done to satisfy sexual or aggressive impulses.
Intimate parts include the genitals, buttocks, inner thighs, groin, or breasts.
Importantly, contact does not have to involve force or pain—it can be as minimal as inappropriate touching or groping. However, prosecutors must still prove that the act was intentional and sexual in nature.
Why the Difference Matters
The difference between sexual contact and sexual penetration can determine the degree of the charge and the potential sentence.
| Type of Act | Typical Charge | Maximum Penalty |
| Sexual penetration with force, threats, or a child victim | 1st–3rd Degree CSC | Up to 30 years in prison and $40,000 fine |
| Sexual contact involving coercion, minors, or authority figures | 4th–5th Degree CSC | Up to 10 years in prison and $20,000 fine (felony or gross misdemeanor) |
These are general guidelines; the exact charge depends on circumstances like age differences, consent, and the presence of weapons, drugs, or coercion.
For example:
- Touching a person’s intimate parts without consent may result in a 4th- or 5th-degree CSC charge.
- Engaging in penetration by coercion or with a minor could result in a 1st-, 2nd-, or 3rd-degree CSC charge, which are far more severe.
Common Scenarios and Misunderstandings
Many CSC cases arise from gray areas or misinterpretations of what occurred. Some common examples include:
- Consensual situations later described as non-consensual.
- Accidental or incidental contact, such as brushing against someone in a crowded setting.
- Unclear boundaries during intimate relationships or under the influence of alcohol.
Even if no physical injury occurs, Minnesota prosecutors may still pursue charges if they believe the act meets the statutory definition of sexual contact or penetration.
That’s why having a lawyer who understands the nuances of these definitions is so important.
Defending Against CSC Charges
At Martine Law, we tailor every defense to the facts of the case. Strategies often include:
1. Challenging Consent Issues
We investigate whether the alleged victim consented and whether there’s evidence contradicting the claim of force or coercion.
2. Disputing the Act Itself
We scrutinize physical evidence, medical exams, and witness statements to show that no sexual contact or penetration occurred.
3. Questioning Intent
Prosecutors must prove that any contact was intentional and for sexual or aggressive purposes—not accidental or misinterpreted.
4. Challenging Forensic or DNA Evidence
DNA or medical evidence can be flawed or inconclusive. We review lab reports and expert testimony for errors or inconsistencies.
5. Protecting Against Prejudicial Evidence
We fight to exclude prior accusations or unrelated conduct that could unfairly influence the jury under Minnesota’s Spreigl rules.
Why You Need an Experienced Defense Lawyer
Even an allegation of sexual misconduct can have lasting consequences—affecting your reputation, relationships, and employment. A conviction can lead to prison, lifetime registration as a sex offender, and permanent stigma.
At Martine Law, our attorneys have extensive experience handling Criminal Sexual Conduct cases across Minnesota. We take a meticulous, evidence-based approach to every case, focusing on protecting your rights and your future.
If you’re facing accusations involving sexual contact or sexual penetration in Minnesota, don’t wait to get help. Contact Martine Law for a confidential consultation. We’ll explain your options, evaluate the evidence, and fight for your freedom.