Minnesota takes any crime of a sexual nature very seriously and criminal sexual conduct is no different. A charge, or charges, of criminal sexual conduct, can refer to anything from child molestation to statutory rape. A charge like this will prevent you from getting a job, renting a home, and making/keeping friends and family in your life. You need help.
If you, or someone you know, has been accused of such a crime, contacting a local criminal attorney with direct experience in sexual cases can help you, and your chances, in a courtroom or in a plea. No matter what, this is a serious crime that will affect almost every move you make for the rest of your life. Let’s discuss:
What Is Criminal Sexual Conduct?
According to Minnesota’s Criminal Statutes 609.342, criminal sexual conduct is described as the sexual contact between an adult and anyone considered a child, by law. The charges are broken up into degrees of seriousness, due to the age of the victims. The age of consent in Minnesota is 16 years old, anything under that is a serious crime with consequences that prosecutors zealously fight for.
Let’s break it down.
1st Degree Criminal Sexual Conduct
1st-degree is the most serious as it involves the actual molestation and penetration of a child under the age of 13. The maximum penalty for these crimes is 30 years in prison with a $40,000 fine. The suggested minimum sentence for a first-time offender is 144 months, which is full 12 years. This is a serious felony charge.
2nd Degree Criminal Sexual Conduct
2nd-degree criminal sexual conduct refers to felonious sexual contact, i.e. touching, without penetration of a child under the age of 13. If found guilty, you could spend up to 25 years in prison with a $35,000 fine. Sentencing guidelines suggest at least 90 months, or 7 1/2 years in prison. 36 of those months could be stayed, or suspended, if the court could not find that any violence was committed.
3rd Degree Criminal Sexual Conduct
3rd degree refers to the sexual penetration of a child from the ages of 13, referred to in many states and in the media as statutory rape, which is a felony. The maximum sentence can be 15 years with a $30,000 fine. Guidelines suggest 4 years, or 48 months, in prison but 36 of those months could be suspended for a first-time offender with a great defense team.
4th Degree Criminal Sexual Conduct
4th-degree criminal sexual conduct is a charge given when there is statutory sexual conduct, without penetration. You could spend ten years in prison and have to pay $20,000 in fines. Guidelines suggest 18 to 24 months, some of which can be stayed by the judge, depending on your defense. This is a gross misdemeanor.
5th Degree Criminal Sexual Conduct
5th-degree charges refer to lewd behavior or sexual conduct around children or to children. You could spend a year in prison and pay a fine of $3,000. unless this is a repeating problem, which will add both prison time and fines to your consequences. Also a gross misdemeanor, guidelines state that any sentence of 5th-degree criminal sexual conduct can be stayed but the suggested sentence is 15 months.
Further Consequences
If the prosecutors find that any physical harm came to the child during the acts of criminal sexual conduct, you can receive maximum sentences and fines as consequences, or even additional charges. Certain repeat offenders can be imprisoned for life or indeterminate sentences.
Everyone found guilty of one of these crimes will have to register as a criminal sexual offender and subject themselves to assessment and treatment. Almost anyone found guilty of a felony sexual charge will have 10 years of special supervision after release. This is called conditional release. You will have to volunteer a sample of your DNA.
Your best bet for a good deal, with a plea or in a courtroom, is will a local Minnesota attorney who knows local judges and prosecutors. They know the system and a very experienced in local laws. But who should you call?
St. Paul Sexual Conduct Defense Lawyer
Contact us today at DeVore Criminal Defense to begin building your defense. We are here for you whenever you need us, and we suggest contacting us as soon as you can.
Posted 3rd December 2021 by DeVore Law Office