Defense Lawyer Summarizes Criminal Sexual Conduct in Minnesota
Minnesota law classifies criminal sexual conduct into five categories: first- through fifth-degree criminal sexual conduct. Each degree of the crime covers a variety of behavior, with first-degree carrying the most severe penalties and fifth-degree the least severe. Generally speaking, the first-degree and third-degree crimes apply to sexual conduct involving sexual penetration of the victim; the second-, fourth-, and fifth-degree crimes apply to sexual conduct involving sexual contact with the victim without sexual penetration.
The elements of the criminal sexual conduct crimes also vary with respect to a number of other issues. For example, criminal sexual conduct in the first and second degree typically apply to conduct involving personal injury to the victim; the use or threatened use of force, violence, or a dangerous weapon; or victims who are extremely young. Criminal sexual conduct in the third, fourth, and fifth degree typically address less aggravated conduct and apply to other situations in which the victim either did not consent to the sexual conduct, was relatively young, or was incapable of voluntarily consenting to the sexual conduct due to a particular vulnerability or due to a special relationship between the victim and the perpetrator.
Criminal sexual conduct in the first, second, third, and fourth degree are felony-level offenses. Criminal sexual conduct in the fifth degree is a gross misdemeanor offense; however, certain repeat violations of this crime are classified as felonies.
The maximum penalty for fifth degree criminal sexual conduct is one year of incarceration and a $3,000 fine. The maximum penalty for fourth degree criminal sexual conduct is ten years of imprisonment and a $20,000 fine. The maximum penalty for third degree criminal sexual conduct is 15 years of imprisonment and a $30,000 fine. The maximum penalty for second degree criminal sexual conduct is 25 years and a $35,000 fine. The maximum penalty for a charge of first degree criminal sexual conduct is 30 years of imprisonment and a fine of $40,000.
