Accusations of committing a sex crime can cause irreparable harm to your reputation and your relationships with friends and family.
Convictions can lead to prison time and a costly fine. The best way to resolve your criminal charges as painlessly as possible is by hiring an experienced attorney to defend your case.
Individuals facing criminal sexual conduct 3rd degree charges often ask the following:
- What is 3rd degree criminal sexual conduct?;
- What are the penalties for 3rd degree criminal sexual conduct?;
- How can a Minneapolis – St. Paul criminal defense attorney help with 3rd degree criminal sexual contact charges?; and
- Where can I talk to a defense lawyer about my charges?
A St. Paul criminal sexual conduct lawyer at Arechigo & Stokka can answer questions about your charges and help protect your rights throughout the criminal process.
To speak to an experienced member of our team, please contact us today.
What Is Criminal Sexual Conduct 3rd Degree?
Minnesota criminal statutes outline different forms of 3rd degree criminal sexual conduct. 3rd degree criminal sexual conduct against an adult occurs when someone engages in sexual penetration with another person, and the actor:
- Uses coercion to accomplish the penetration;
- Knows or has reason to know that the victim is mentally impaired, mentally incapacitated, or physically helpless;
- Uses force; or
- Is in a prohibited occupational relationship with the victim at the time of the act.
3rd degree criminal sexual conduct against a minor occurs when an individual engages in sexual penetration and any of the following circumstances exist:
- The victim is under 14 years old, and the accused is no more than 36 months older than the victim;
- The complainant is between 14 and 16 years old and the accused is more than 2 years older than the victim;
- The accused uses coercion to accomplish the penetration;
- The accused knows or has reason to know the victim is mentally impaired, mentally incapacitated, or physically helpless;
- The victim is between 16 and 18 and the accused is more than three years older than the victim and in a current or recent position of authority over the victim;
- The victim is between 16 and 18 and the accused has a significant relationship to the victim;
- The accused uses force; or
- The accused is in a prohibited occupational relationship with the victim at the time of the act.
At its core, 3rd degree criminal sexual conduct defines Minnesota’s version of statutory rape.
A St. Paul / Minneapolis criminal defense lawyer can explain the differences between different degrees of criminal sexual conduct.
Special Relationships in Criminal Sexual Conduct Cases
A prohibited occupational relationship occurs when the accused performed a massage for hire and nonconsensual sexual contact occurred during or immediately before or after the actor performed or was hired to perform their services.
Additionally, the following relationships are prohibited occupational relationships, regardless of consent:
- Medical provider and patient,
- Member of clergy and congregant,
- Special transportation driver and rider,
- Psychotherapist and patient,
- Employee or contractor for any adult or juvenile correctional facility or treatment facility and patient,
- Licensed educator for secondary or elementary school and student,
- Facility caregiver or staff member and resident, or
- Police officer and detainee.
3rd degree criminal sexual contact describes certain violations for individuals in a “significant relationship” with the victim. A significant relationship exists when the accused is:
- The victim’s parent, stepparent, or guardian;
- Any of the following persons related to the complainant by blood, marriage, or adoption: brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent, great-grandparent, great-uncle, great-aunt;
- An adult who jointly resides intermittently or regularly in the same dwelling as the victim and who is not the victim’s spouse; or
- An adult who is or was involved in a romantic or sexual relationship with the victim’s parent.
Minnesota law recognizes the power imbalance these relationships create for victims and inflicts harsher penalties to deter such conduct.
Penalties for Criminal Sexual Conduct 3rd Degree
3rd degree criminal sexual conduct in Minnesota is punishable by up to 15 years in prison and a fine of up to $30,000.
If the criminal sexual contact involved a victim between 14 and 16 and the accused is between two and three years older than the victim, the crime is punishable by up to five years in prison and a fine of up to $30,000.
What Is the Difference Between 3rd and 4th Degree Criminal Sexual Conduct?
4th degree criminal sexual conduct involves similar circumstances to that of 3rd degree criminal sexual conduct.
However, 4th degree criminal sexual contact involves sexual contact instead of sexual penetration and usually involves an allegation of force or coercion.
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 of clothing covering the immediate area of the intimate parts, or
- Intentionally touching the victim with seminal fluid or sperm.
Sexual penetration means any of the following acts committed without the victim’s consent, whether or not 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.
The lack of penetration makes 4th degree criminal sexual conduct a less serious crime, so it carries lower potential penalties. 4th degree criminal sexual contact is punishable by up to 10 years in prison and a fine of up to $20,000.
Contact a Criminal Defense Lawyer to Discuss a 3rd Degree Criminal Sexual Conduct Charge
Having an experienced criminal defense lawyer in your corner can make or break the goal of getting a good outcome for your case. A qualified criminal sexual conduct lawyer can help your case in several ways by:
- Negotiating with the prosecutor to lessen your charges or dismiss your case,
- Determining whether a valid legal defense applies to your charges, and
- Providing a detailed explanation of your charges and potential penalties.
Our team knows how serious a criminal sexual conduct charge is. Do not wait to contact an attorney to start working on your case. Our team at Arechigo & Stokka looks forward to hearing from you.
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