Sex Laws | Minnesota Criminal Sexual Conduct Statutes
Sex crime cases in Minnesota, are normally based upon Minnesota Statutes (and rarely, local ordinances). And most prosecutions are under Minnesota Criminal Sexual Conduct Statutes. So here is an overview.
Due process requires notice of forbidden conduct. Without notice, a person is not criminally responsible. And today, we give this notice in a statute (or a local ordinance).
Of course this is based upon a legal fiction – that people read statutes, and know what they contain.
But, though most people may not know what’s in them; since statutes are available to the public, they could know.
Minnesota Statutes are available at the Minnesota Legislature’s website.
And so are the administrative rules (“Minnesota Rules”) that govern executive branch agencies; and the Minnesota Constitution.
Most sex crime statutes, including Criminal Sexual Conduct, are in Chapter 609 of Minnesota Statutes.
Statutes may give words special meanings, sometimes different from commonly understood meanings. And many Chapters and Sections of Minnesota Statutes contain definitions applicable to certain other statutory sections, such as Section 609.341.
Minnesota Criminal Sexual Conduct Statutes
The most common felony sex crime charges are Sections 609.342 – 609.3451: “Criminal Sexual Conduct in the ____ degree.”
And they range from first through fifth degrees. (First degree carries the most severe penalty).
Severity factors
What factors make a felony crime more severe in punishment if convicted? The main ones are:
Proximity of sexual conduct:
- penetration;
- sexual contact; or
- non-touch.
Coercion vs. consent:
- Fear of imminent great bodily harm
- “Dangerous weapon”
- Personal injury
- Use of Force or Coercion
- Vulnerable complainant (mentally or physically)
- One or more accomplices
Abuse of trust:
- Use of Professional or Occupational Status (psychotherapist, physician, clergy, government or correctional employee or agent, massage or physical therapist, etc.).
- “Position of Authority” enhances criminal sexual conduct.
Incest and forbidden relationships:
- “Significant relationship.”
Arbitrary age limits:
- Age of Complainant, and age of consent;
- Age Difference;
- Age-based sex crimes.
Prior convictions:
- Mandatory minimum sentencing provisions, based on prior sex-related convictions.
So, these are the most common factors in Minnesota Criminal Sexual Conduct Statutes.
Other sex-related Minnesota criminal laws
Other commonly charged sex-related crimes and statutes include:
Prostitution
Minnesota Statutes §609.321 through §609.325 relate to prostitution crimes. And most prostitution charges in the Twin Cities area are against alleged customers of adult sex workers.
Usually these stem from police sting traps, under Minnesota Statutes §609.324, subds. 2 and 3. If in a public place the crime is a Gross Misdemeanor (up to one year jail) under subd. 2; while otherwise the crime is a simple misdemeanor (up to 90 days jail).
Recently police tactics have become abusive – publishing names and photos of accused people on the internet, upon unproven claims. Another abuse is asset forfeitures of cars, based upon claims of prostitution in cars.
And another recent trend in abusive police practices entices people looking for an adult sex worker, with a bait-and-switch offer of a supposedly underage sex worker.
Attorney Thomas Gallagher defends people from prostitution charges.
And see our article: Sex Workers, Prostitution and Minnesota Law.
Indecent Conduct or Exposure
Prosecutors can charge indecent conduct crimes under several laws and fact patterns.
And Attorney Thomas Gallagher defends people from indecent conduct or exposure charges.
Statute of Limitations for sex crimes
Prosecutors rarely charge people where the limitations period bars prosecution. But if they do, we can assert the defense. Limitations periods for sex crimes in Minnesota are long. And this increases the risk that innocent people will wrongly face charges.
Limitations periods vary from three years on the low-end to no limitations period at all on the high-end.
Factors that affect the statute of limitations period:
- evidence preserved is capable of DNA testing
- Victim under age 18
- date of report to police
- criminal statute applicable to claim
No statute of limitations. First, second, or third degree Criminal Sexual Conduct or sex trafficking; if physical evidence preserved is capable of DNA testing,
Nine years after date of offense, or three years after report to police, whichever is later. First, second, third, or fourth degree Criminal Sexual Conduct or sex trafficking under age 18; if evidence is not capable of DNA testing.
Nine years after date of offense. First, second, or third degree Criminal Sexual Conduct or sex trafficking 18 years old or older; if evidence is not capable of DNA testing.
For details and exceptions, see Minnesota’s main criminal statute of limitations, Minnesota Statutes §628.26, subds. e, f, k, l, m. Or call Minneapolis Criminal Sexual Conduct Attorney Thomas Gallagher.
Sex Offender Registration
Or, now broadened, and labeled “predatory offender” registration. Minnesota Statutes §243.166 has most of the important provisions.
When is failure to register as a predator offender required in Minnesota?
- The criminal Complaint had charges that trigger registration; and,
- A conviction of any crime stemming from the same behavioral conduct.
For example, the prosecutor’s Complaint charges you with Minnesota Criminal Sexual Conduct Third Degree. And the jury brings a verdict of not-guilty on that charge; but guilty of disorderly conduct. Even though Minnesota’s disorderly conduct crime does not trigger a predatory offender registration requirement; you still do have to register! An unfair law, best avoided.
And failure to register is a crime – see Minnesota Statutes §243.166, subd. 5. The registration period is at least ten years, usually much longer – see Minnesota Statutes §243.166, subd. 6.
Incredibly, this law requires children to register as well. So go here for more on juvenile sex crime defense.
Minneapolis Criminal Sexual Conduct Attorney
If facing criminal sexual conduct or other sex crime charges, you need the best defense. And Minneapolis sex crimes defense attorney Thomas Gallagher can provide it.
You can put Thomas Gallagher’s three decades experience in sex crimes defense, to work for you.
Take a look at Gallagher’s best lawyer ratings from peer reviews; and consumer five-star reviews.
Thomas Gallagher has taught many criminal defense law courses to other lawyers. And other lawyers consult with him often for help with their cases.
Do you need the best?
Question? You can call Minnesota Criminal Sexual Conduct Defense Attorney Thomas Gallagher at 612 333-1500.