Criminal Sexual Conduct Laws Cover An Extremely Broad Amount of Behavior
Criminal sexual conduct offenses are charged in degrees of seriousness, ranging from extremely serious felony first-degree offenses to gross misdemeanor fifth-degree offenses.
The level of offense depends on the nature of the circumstances, the allegations, the amount of available evidence supporting the allegations, and the prior history – if any – of the charged individual.
Example Case Result
Second Degree Criminal Sexual Conduct Charges Dismissed
State Dismisses 2nd Degree Sexual Assault Case Prior to Trial
THE FACTS: Client was charged with two separate counts of 2nd Degree Criminal Sexual Conduct stemming from allegations that he sexually touched his niece and daughter. The niece had made statements to a doctor that the client, her uncle, would touch her during moments of playful interactions. The niece also stated that her cousin, the client’s daughter, had told her that the client was doing the same thing to his daughter. The daughter was interviewed by a forensic nurse and denied that the client was touching her. The client maintained his innocence and consistently explained that there was never any inappropriate sexual touchings between him, his niece, or his daughter. The allegations upended the client’s life, removing him from his home for a period of time and keeping him from seeing his children. The client faced a lengthy prison sentence and a lifetime of sexual offender registration, if convicted.
THE DEFENSE: The Ramsey County Attorney’s Office filed two counts of 2nd Degree Criminal Sexual Conduct against the client. Criminal defense attorney John Arechigo pursued an aggressive defense. A thorough review of all investigative materials, including all witness statements, recorded interviews, and independent investigation revealed that the niece’s allegations did not constitute a criminal offense. In addition, attorney John Arechigo employed his own private investigator to interview potential trial witnesses, including the niece and several family members. The witnesses overwhelmingly supported the client’s version of the allegations. The prosecuting attorney agreed that there was no longer sufficient evidence to support the case at trial after attorney John Arechigo had revealed his investigative findings.
THE RESULT: The state dismissed the case three days before trial was set to begin. The client’s entire record related to this incident will soon be expunged.
A “Criminal Sexual Conduct Degrees at a Glance” comparison table
| Degree | Type of Contact | Key Circumstances | Maximum Penalty |
|---|---|---|---|
| 1st Degree | Sexual penetration | Victim under 13, force, or great bodily harm | 30 years |
| 2nd Degree | Sexual contact (no penetration) | Same circumstances as 1st degree | 25 years |
| 3rd Degree | Sexual penetration | Specific age/relationship circumstances; mental impairment; clergy/therapist | 15 years |
| 4th Degree | Sexual contact (no penetration) | Same circumstances as 3rd degree | 10 years |
| 5th Degree | Non-consensual contact or lewd exposure | First offense = gross misdemeanor; second = felony | 1 year (gross misd.) / 5 years (felony) |
1st-Degree Criminal Sexual Conduct
Criminal sexual conduct in the first degree is the most severe sex crime in Minnesota.
A first-degree sex crime can be charged under any of the following circumstances:
- Sex or sexual contact with a person under 13 years old if the actor was more than 36 months older
- Sex with a person 13 to 16 years old if the actor was more than 48 months older
- Sex with a person under 16 years old if the actor had a significant relationship with the individual
- The use or threat of great bodily harm to accomplish sexual penetration
- The complainant suffered a personal injury during un-consenting sex
This offense is most commonly charged in situations involving child molestation, child sexual abuse, and forcible rape.
A mistake of age is not a defense to a charge of criminal sexual conduct in the first degree.
The penalty of criminal sexual conduct in the first degree carries a maximum sentence of 30 years in prison, and possibly longer if other aggravating factors exist.
2nd-Degree Criminal Sexual Conduct
Criminal sexual conduct in the second degree covers all the circumstances of a first-degree offense but does not require sexual penetration.
This sex crime punishes sexual contact under any of the circumstances of the first-degree offense.
A mistake of age is not a defense.
The penalty of criminal sexual conduct in the second degree carries a maximum sentence of 25 years in prison.
Were You Charged With Criminal Sexual Conduct in Minnesota?
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Even if you were charged first, second, third, fourth, or fifth-degree charges in Minnesota, John Arechigo has the experience to help work through the case with you.
3rd Degree Criminal Sexual Conduct
Criminal sexual conduct in the third degree punishes sexual penetration under any of the following circumstances:
- The complainant is under 13 years old, and the actor is no more than 36 months older
- The complainant is at least 13 years old but less than 16 years old and the actor is no more than 24 months older
- The complainant is at least 16 years old but less than 18 and the actor is more than 48 months older and in a position of authority
- The complainant is at least 16 years old but less than 18 and the actor has a significant relationship with the individual
- The complainant is a patient of a psychotherapist and there is an active psychotherapist-patient relationship
- The actor is a member of the clergy and the complainant was seeking the actor’s advice or counseling
- The actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless
Third-degree criminal sexual conduct is most commonly charged in situations where people have been drinking and a person – usually female – claims that someone had sex with her when she was either passed out or unable to withhold her consent.
It’s always tough to know what really happened in these circumstances.
It’s not uncommon for both parties to be intoxicated during a sexual encounter and not really remember the details of the incident.
It can be frightening to find yourself charged with a sex crime for what seemed like a consensual sexual encounter.
A mistake of age is a defense, but only to a charge under the second bullet point and only if the actor is no more than 120 months older than the complainant.
In this situation, the burden is on the actor to prove that the actor reasonably believed the complainant to be at least 16 years old.
A mistake of age is not a defense under any of the other circumstances.
The penalty of criminal sexual conduct in the third degree carries a maximum sentence of 15 years in prison.
4th Degree Criminal Sexual Conduct
Minnesota criminal sexual conduct in the fourth degree covers all the circumstances of a third-degree offense but does not require sexual penetration.
This sex crime punishes sexual contact under any of the circumstances of the third-degree offense.
The same limited defense applies.
The penalty of criminal sexual conduct in the fourth degree carries a maximum sentence of 10 years in prison.
5th Degree Criminal Sexual Conduct
Minnesota criminal sexual conduct in the fifth degree punishes non-consensual sexual contact and masturbation or lewd exhibition of genitals in the presence of a minor.
A first-time offense is a gross misdemeanor offense.
The penalty of criminal sexual conduct in the fifth degree will be having a felony filed if the person has a previous fifth-degree conviction.
Minnesota criminal sexual conduct crimes are some of the most serious crimes in the state.
Not only does a defendant face lengthy prison sentences, but registration requirements are triggered by a sex crime conviction as well.
These cases involve complicated evidentiary rules.
The use of witness testimony, prior out-of-court statements of a complainant or defendant, and the prior sexual history of a complainant or defendant can be very difficult to navigate.
The more serious sex crimes also almost always involve complex scientific evidence, such as DNA.
Hire One of the Best Defense Lawyers in St. Paul Minnesota
A conviction of a sex crime can have a life-altering impact.
You need a St. Paul, Minnesota criminal defense lawyer who knows how to prepare an aggressive defense.
Contact us or call 651-222-6603 today for a free consultation.
FAQ Section
What is criminal sexual conduct in Minnesota?
In Minnesota, criminal sexual conduct (CSC) is the umbrella legal term covering all non-consensual or otherwise prohibited sexual contact and sexual penetration offenses. The crime is divided into five degrees, from first-degree (the most serious) to fifth-degree (the least), with each degree defined under Minnesota Statutes § 609.342 through § 609.3451 and carrying its own maximum penalty.
What is the difference between the five degrees of criminal sexual conduct?
The key differences come down to two factors: whether the alleged act involved sexual penetration or only sexual contact, and the specific circumstances such as the victim’s age, the use of force, a position of authority, or mental incapacity. First and third degree involve penetration; second and fourth degree cover the same circumstances but without penetration. Fifth degree is a separate category covering non-consensual touching or lewd conduct in the presence of a minor.
Is criminal sexual conduct a felony in Minnesota?
Yes — first, second, third, and fourth degree criminal sexual conduct are all felonies in Minnesota. Fifth degree CSC is charged as a gross misdemeanor for a first offense, but is upgraded to a felony if the person has any prior fifth-degree CSC conviction.
What are the maximum penalties for criminal sexual conduct in Minnesota?
The maximum prison sentences are 30 years for first degree, 25 years for second degree, 15 years for third degree, and 10 years for fourth degree. Fifth degree carries up to one year for a first offense (gross misdemeanor) or up to five years if it’s a felony due to a prior CSC conviction. Aggravating factors can extend first-degree sentences further.
Is a mistake of age a defense to criminal sexual conduct in Minnesota?
For first and second degree CSC, mistake of age is not a defense — even an honest, reasonable belief that the alleged victim was older will not prevent a conviction. A limited mistake-of-age defense exists for third-degree charges involving a 13- to 16-year-old where the defendant was no more than 120 months older, but the burden is on the defense to prove the belief was reasonable.
Will I have to register as a sex offender if convicted of criminal sexual conduct in Minnesota?
In most cases, yes. Minnesota’s predatory offender registration statute (Minn. Stat. § 243.166) requires registration for nearly all CSC convictions, with registration periods ranging from 10 years to life depending on the offense and any prior history. Registration creates lifelong reporting obligations and significant restrictions on housing, employment, and travel.
What is the statute of limitations for criminal sexual conduct in Minnesota?
Minnesota eliminated the statute of limitations for most criminal sexual conduct offenses committed on or after September 15, 2021 — meaning charges can be brought at any time. For offenses committed before that date, the earlier limitations periods still apply, and they vary by degree and the timing of when the offense was reported.
Can a criminal sexual conduct conviction be expunged in Minnesota?
Statutory expungement under Minnesota Statutes Chapter 609A is very limited for CSC convictions — most felony CSC convictions are categorically not eligible. Charges that were dismissed or resolved without a conviction, however, can often be expunged, and other paths may exist through the court’s inherent authority. A defense attorney can review the case history to identify whether expungement is realistic.
I’ve been charged with criminal sexual conduct in Minnesota. What should I do first?
Stop speaking with investigators and contact a Minnesota criminal defense attorney immediately. CSC cases move quickly, involve complex evidentiary rules around prior statements and forensic evidence, and convictions carry life-altering consequences including prison and lifetime registration. Statements made before counsel is present are often the most damaging part of a defendant’s case.
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