Criminal Sexual Conduct Defense Lawyer in St. Paul, Minnesota

A criminal sexual conduct charge in Minnesota carries stringent penalties. As such, a successful conviction of the charge is sufficient to ruin your life, let alone your record. In addition, to the stringent penalties, you will be required to register as a sex offender. This means that the public will be notified of your conviction- a hindrance to making friends or seeking new job opportunities.

That said, a criminal sexual conduct charge can be defended even when there is merit to the charges. However, to achieve this, you need a qualified St. Paul criminal defense attorney to create a robust defense and ensure that your rights are protected.

Here is a basic guide to help you understand what certain sex crime charges mean in St. Paul, Minnesota.

Understanding  Criminal Sexual Conduct in St. Paul, Minnesota

Minnesota’s criminal sexual conduct is classified under five categories. This classification is based on the seriousness of the offense, but the prosecutors may classify each case depending on the unique circumstances of the alleged offense.

First Degree Criminal Sexual Conduct

Under Section 609.342 of the Minnesota Statute, first-degree criminal sexual conduct is a felony that is considered the most severe criminal sexual conduct charge. The elements which primarily lead to the charge are:

• The victim is under 13 years old, while the defendant is at least three years older.
• The victim reports some form of coercion either through bodily harm or death if they don’t comply.
• The defendant may have used some form of force through a deadly weapon or inflicted severe injuries on the victim.
• A sexual encounter with a person under the age of 16 where the offender has a significant relationship with the victim

That said, first-degree criminal sexual conduct carries stringent penalties. A successful conviction can result in lengthy jail time – a minimum of twelve years and a maximum of thirty years. This may also include a fine of up to $40,000.

Second Degree Criminal Sexual Conduct

Under section 609.343 of the Minnesota Statute, second-degree criminal sexual conduct refers to all the situations listed under the first-degree charge. However, there is no need for sexual penetration of the victim for the penetrator to be charged with second-degree criminal sexual conduct.

The charge includes the following elements:

• The alleged victim is under the age of 13, while the offender is 36 months older than the victim.
• The offender is anyone with an authoritative position over a child between thirteen and sixteen years.
• The offender threatened to use force on the victim
• There are specific physical injuries inflicted on the victim by the offender.

That said, the penalties for this charge include twenty-five years imprisonment and a fine of up to $35,000. The minimum sentence is seven and a half years in state prison.

Third Degree Criminal Sexual Conduct

This charge involves sexual penetration of a victim under the age of 13 years by an offender-typically an authoritative figure- who uses deception to accomplish their goal.

The penalties of the charge include fifteen years in prison and a fine of up to $30,000. Also, the minimum sentence for this charge is four years in prison.

Fourth Degree Criminal Sexual Conduct

Section 609.345 of the Minnesota Statute provides that fourth-degree criminal sexual conduct involves sexual contact without penetration. The charge applies if :

• The victim is under 13 years of age or between 13 and 15 years, while the defendant is at least four years older.
• The defendant is in an authoritative position.
• This type of charge carries a maximum of ten years in prison and a fine of up to $ 20,000.

5th Degree Criminal Sexual Conduct

Although considered a misdemeanor for first-time offenders, this type of charge carries severe penalties.

It takes place when:

• The offender engages in non-consensual sexual conduct
• The perpetrator engages in a lewd act in the presence of a minor under the age of 16 years.

A successful conviction can lead to seven years in prison and a fine of up to $14,000.

Final Thoughts

Based on the classification, at least four factors govern the charges. These factors are the main elements that must be proved in almost all criminal sexual conduct charges for the prosecution to have a successful conviction.

The elements include:

• Penetration
• Age
• Violence
• Life position.

That said, a qualified criminal defense attorney can help you build a robust defense to the effect that your charges are quashed, or you are exonerated completely.

Need Help? Contact a St Paul Criminal Sexual Conduct Lawyer

Devore Criminal Defense can help you defend yourself against any charge put forward by the prosecution. Contact us today for a free case evaluation.