A criminal sexual conduct conviction can turn your life upside down. The best way to avoid a conviction is by hiring a St.Paul criminal defense lawyer to defend your rights. Our team at Arechigo & Stokka has more than a decade of experience helping clients in Minnesota fight their criminal sexual conduct allegations. If you or a loved one are facing 5th degree criminal sexual conduct charges in Minnesota, contact Arechigo & Stokka today.
5th Degree Criminal Sexual Conduct in Minnesota: An Overview
Minnesota defines fifth degree criminal sexual conduct as when a person either:
- Engages in nonconsensual sexual contact; or
- Engages in masturbation or lewd exhibition of the genitals in the presence of a minor under 16, knowing or having reason to know the minor is present.
Additionally, nonconsensual sexual penetration is considered 5th degree sexual conduct.
Sexual penetration means any of the following acts committed without the victim’s consent, whether or not the emission of semen occurs:
- Sexual intercourse, cunnilingus, fellatio, or anal intercourse;
- Any intrusion, however slight, into the genital or anal opening with any body part or object.
Sexual contact means any of the following acts committed without the victim’s consent with sexual or aggressive intent:
- Intentionally touching of the victim’s intimate parts by the accused;
- Touching of a victim by a person in a current or recent position of authority, or by coercion, or by inducement for victims under 14 years of age or mentally impaired;
- Touching or removing clothing covering the immediate area of the intimate parts, or
- Intentionally touching the victim with seminal fluid or sperm.
An experienced criminal sexual conduct lawyer can explain the difference between 5th degree criminal sexual conduct and other degrees of the same charge.
Penalties for 5th Degree Sexual Conduct
5th degree criminal sexual conduct in the form of nonconsensual sexual contact or masturbation or exhibition in front of a minor under 16 is a gross misdemeanor. A gross misdemeanor carries the potential of up to 364 days in jail and a fine of up to $3,000.
5th degree criminal sexual conduct in the form of nonconsensual sexual penetration is a felony punishable by up to two years in prison and a fine of up to $10,000.
When the accused has prior criminal convictions for 5th degree criminal sexual conduct within the last ten years, a new conviction is punishable by up to seven years in prison and a fine of up to $14,000.
Even though 5th degree criminal sexual conduct is the least severe criminal sexual conduct charge, it can still result in spending years in prison and thousands of dollars in fines and court costs.
How Long Does 5th Degree Criminal Sexual Conduct Stay on Your Record?
A 5th degree criminal sexual conduct conviction could stay on your record forever. In Minnesota, you cannot get felony sex crimes convictions expunged from your record. You can get a 5th degree criminal sexual conduct arrest expunged from your record if your charges were later dismissed or if you go to trial and receive a not guilty verdict.
A criminal sexual conduct accusation can damage your reputation among loved ones and disqualify you from certain job opportunities. Reach out to a qualified defense lawyer to discuss ways to avoid a sex crimes conviction on your record.
Valid Legal Defenses to 5th Degree Criminal Sexual Conduct Charges
A valid legal defense may negate an element of the charged offense and help convince the prosecutor to drop your charges. Defenses that may apply in a criminal sexual conduct case include:
- Proof that the accusations against you are false;
- Proof that the victim mistook you for someone else;
- Insufficient evidence; or
- The alleged victim consented to sexual activity.
A legal defense does not apply in every case. A criminal defense attorney can review the circumstances of your case and determine whether a legal defense applies.
Contact a Minneapolis – St. Paul Criminal Defense Attorney at Arechigo & Stokka to Discuss Your Case
Our attorneys at Arechigo & Stokka have been protecting clients’ rights since our inception more than 15 years ago. We pride ourselves on responding to our clients’ questions as quickly as possible.
A qualified criminal sexual conduct lawyer can help your case in several ways by:
- Negotiating with the prosecutor to reduce your charges or dismiss your case,
- Creating a strategy to present to the District Attorney, and
- Providing an explanation of the penalties associated with your charges.
An attorney will meet with you to determine whether a legal defense applies to your case. We are committed to doing whatever is necessary to help our clients secure a favorable outcome in their criminal cases. Contact our office today to schedule an appointment with a criminal defense lawyer. Our team at Arechigo & Stokka looks forward to hearing from you.
Frequently Asked Questions
Many people do not know what to do when facing criminal sexual conduct charges. No one prepares to find themselves in this scenario. To help prospective clients, our team provided answers to some frequently asked questions about 5th degree criminal sexual conduct in Minnesota. You can contact our office if you have specific questions about your criminal charges.
How Is 5th Degree Criminal Sexual Conduct Different from 4th Degree?
4th degree criminal sexual conduct occurs when any of the following is committed against an adult victim:
- Using coercion to accomplish a sexual act;
- Engaging in a sexual act while knowing or having reason to know that the victim is mentally impaired, mentally incapacitated, or physically helpless;
- Using force to accomplish a sexual act; or
- Accomplishing a sexual act when in a prohibited occupational relationship with the victim.
The prosecutor must prove additional elements for a 4th degree criminal sexual conduct charge.
What Are the Penalties for 4th Degree Criminal Sexual Conduct?
A fourth degree criminal sexual conduct conviction is punishable by up to ten years in prison and a $20,000 fine. Additionally, a conviction will require you to register as a sex offender, making some of your basic information available to the public.
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