What is the Age of Consent in Minnesota?

Studies show that teens and children are making better choices about their body. They are holding off on having sexual relations more often than in years past. However, no one can deny that teens and children are not sometimes promiscuous. A steady relationship with a partner can increase the chance of intercourse.

Research shows that both boys and girls have their first sexual intercourse at 17-years-old. Girls are slightly older at 17.3-years. Only about 16% of kids have relations before they are 15-years-old. For those few, parents universally will worry that their child is making a bad choice. They may start to question, “What is the age of consent in Minnesota?” Luckily, we have the answers to all the questions you want to be answered.

Kids and Consent

The purpose of an “Age of Consent Law” is so that kids have protection from unwanted sexual advances. It protects them from people who are older or in an authoritative position. The goal is not always to stop kids from having sex if they are ready to do so. It is a law to keep them away from people who may push them into something they are not ready for.

Often, the confusion comes in when a parent or caregiver feels that their child is too young and tries to stop it. The parent or guardian may feel that their 15-year-old is in a bad situation with a partner who is 16 only to find out that they are unable to prevent the relationship. Each state has different Age of Consent laws and very few of them are black and white.

Age of Consent in Minnesota

In most states, the Age of Consent ranges from 16-18 years of age. In Minnesota, it is 16. However, it is situational.

* If the 16-year-old is with a person who is in a position of authority, the age of consent may increase to 18.

* A child that is between 13 and 15. If the other person is more than 24 months older, it is possibly illegal if sexual penetration occurs. Other types of intercourse that do not include penetration, can have an age difference of up to 48 months.

* Anyone under 13 is considered incapable of consent. However, if they are with someone who is less than 36 months older, the penalty for it will be lessened.

When discussing consent, you should know that it is a very serious legal matter. Statutory rape charges can carry hefty punishment if it leads to a conviction. The amount of time that a person may be in jail for will depend greatly on the specifics of the charge.

Offenses Listed Under Minnesota’s Statutory Rape Statute

In Minnesota, there are four basic offense types that fall under the “Minnesota statutory rape statute”.

• First-Degree Sexual Conduct. This charge implies sexual penetration with a minor under the age of 13 by someone who is three or more years their senior. It can also allege a minor that is between 13-16 who has been touched by someone in a position of power. If you are found guilty, it can mean up to 30 years in prison and a fine of up to $40,000.
• Second-Degree Sexual Conduct. When this is alleged it indicates that a sexual act (not penetration), has happened between a 13-16-year-old and someone who is at least four years older. A person who is in power can also be accused of second-degree sexual conduct. A guilty verdict can mean up to 25 years in prison and fines that are up to $35,000.
• Third-Degree Sexual Conduct. Alleged third-degree sexual conduct means that sexual penetration has occurred between a child that is under 13 and someone not more than three years older. Other reasons for this accusation may be that the child is between 13-16 with someone more than two years older, or a child that is 16-18 with someone four years older and in a position of power. A statutory rape conviction could bring a minimum of 15 years in prison and a $30,000 fine.
• Fourth-Degree Sexual Conduct. This charge states that no penetration sexual conduct occurred between a child of under 13 and someone less than three years older. A teen that is between 13-18 with a person more than four years older, in a position of power. Fourth-degree sexual conduct charges could mean up to 10 years in prison and a fine of up to $20,000.

If you need more information, you can take a look at sections 609.34x of the Minnesota Criminal Code. It talks specifically about Fourth Degree charges.

Is It Statutory Rape?

Statutory rape is a serious crime. In Minnesota, it is taken very seriously. Therefore, it is important that you understand every aspect of your case when you are charged. You will hear terms that may be unfamiliar. You may question whether you have behaved inappropriately or not. There are many legal terms and loopholes you need to know about.

Other topics that you may hear about in regards to a case may include:

*Child Enticement. This is an attempt by a person to “entice” a child to engage in sexual relations. To be considered for this charge, a child under 16 must be approached by a person over 18 verbally. No sexual activity beyond talk needs to happen. Most often this charge is useful for internet-based contact in which explicit talk takes place. The punishment for this could be up to 3 years in jail and a fine of up to $5,000.

*Romeo and Juliet Laws. Often, this is mentioned if the two teens are close in age and had a consensual sexual relationship. It does not indicate wrongdoing. They may have had a relationship with one another and it progressed toward a sexual nature. The Romeo and Juliet Law is designed to protect parties that are under 16 years old but in a healthy relationship with someone near their age group.

Facing criminal charges means you need someone in your corner who understands how the system works. Attorney Kevin DeVore knows your rights and will fight to protect them. Kevin DeVore is a St. Paul Criminal Defense Lawyer. Contact us and we will help you through.