What is criminal sexual conduct

Sexual misconduct is a category of sex crimes that encompasses acts undertaken for sexual gratification against the will of another or without his or her permission. The exact acts encompassed by the crime vary significantly by state and require a careful reading of state statutes. In some states, sexual misconduct refers to acts that do not fall within the precise definitions of rape or sexual assault, while other states may have sexual misconduct statutes that overlap significantly with other sex crimes.

Sexual misconduct can include harassment, unwanted touching, exposing oneself, undertaking sexual acts in public, forcing another to commit unwanted sexual acts, and otherwise causing offense or harm to another for purposes of sexual gratification.

In some states, the crime of sexual misconduct also directly addresses circumstances when individuals in position of power exercise their influence to sexually harass or take advantage of another individual in a subordinate position. Thus, for instance, sexual misconduct may arise when a boss sexually harasses an employee, or when a teacher uses a position of authority to take advantage of a student. In many cases, these types of interactions will be illegal even if they appear consensual, since the law finds that the abuse of power for sexual purposes is itself a criminal act and involves the exploitation of trust or authority.

An individual abusing their position of power to sexually harass a subordinate may be guilty of sexual misconduct in some states.

Punishments for sexual assault vary widely depending on the state statute at issue. In many states, sexual misconduct is considered a misdemeanor and may result in jail time, probation, or fines. When the misconduct is particularly egregious, or the defendant is a repeat offender, a felony and more jail time may be charged. Additionally, a guilty charge for sexual misconduct can result in being placed on a sex offender registry listing, which can affect future employment opportunities.

When sexual misconduct is charged as a result of an abuse of authority, a defendant may lose his or her job and possibly be prohibited from taking a similar position in the future. Thus, for instance, teachers or physicians found guilty of sexual misconduct with a student or patient may lose their professional licenses as a result of their illegal actions.

Like many other sex crimes, defending against charges of sexual misconduct often centers on refuting the allegations of the victim or attempting to show that the allegations are false. In employment contexts, sexual misconduct may be alleged when an employee is disgruntled or holds a grudge against an employer, and a defense against the charges may rely, in part, on showing the victim’s ulterior motives for raising the allegations.

Since sexual misconduct is a criminal charge, a prosecutor must prove that the crime was committed beyond a reasonable doubt. If the defendant is able to establish inconsistencies in a prosecutor’s case or raise alternative theories for the victim’s actions or perceptions, this can be enough to protect a defendant from a guilty verdict.

It is also important to recognize that consent may be a defense to sexual misconduct in certain circumstances. If the victim alleges that he or she was subjected to unwanted touching or harassment, the defendant can attempt to establish that the victim actually consented to these sexual acts at the time. However, if the sexual misconduct arises from a position of power, consent may not be a legal defense because the abuse of power is a crime even if the subordinate appeared to consent.

Last reviewed October 2021

The state of Minnesota classifies criminal sexual conduct under five categories.

The seriousness of the crime determines its ranking. The rankings depend on the nature of the crime and the type of evidence that exists. Prior convictions will also affect the ranking of the crime.

Criminal Sexual Conduct In Minnesota
1. First Degree
2. Second Degree
3. Third Degree
4. Fourth Degree
5. Fifth Degree
Maximum Penalties
Additional Penalties
What’s The Difference Between 1st, 2nd, 3rd, 4th & 5th Degree Charges?
Heinous Elements
Assessments

First-degree criminal sexual conduct (Minn. Stat. § 609.342) is the most severe charge for a criminal sexual conduct crime. This level of conduct applies the following criminal activity:

Sexual contact with a person who is under the age of 13, and the offender is more than 36 months older than the victim.

Having sex with a victim who is between the ages of 13 and 16 years old, and the offender is 48 months older than the victim.
Intercourse where the victim feared serious bodily harm to him or herself or to another person.
A sex act where the offender used a dangerous weapon to obtain submission from the victim.
Sexual activity that occurred after an injury to the victim or when the victim was mentally or physically incapacitated.
Encounters accomplished with the help of an accomplice using force, coercion, or what appeared to be a dangerous weapon.
Having sex with a person who is under the age of 16 where the offender has a significant relationship with the victim.

The definition of a significant relationship is someone who is a guardian, step-parent, or parent to the victim.

It also includes any persons related to the alleged victim by marriage, blood, or adoption. This can include step-sisters, step-brothers, first cousins, nephews, aunts, uncles, grandparents, great-grandparents, great-aunts, great-uncles, sisters, or brothers.

A significant relationship can be someone regularly resides in the same place as the victim, but is not married to the parent.

When there is a significant relationship, this charge will also result if:

The actor or an accomplice used force or coercion to gain submission.
A victim suffered personal injury.
There were multiple acts committed over time.

If charged with first-degree criminal misconduct, a defendant can face up to 30 years in prison and a fine of $40,000.

Extended prison time is applicable if there are aggravating factors.

A charge of criminal sexual conduct in the second degree (Minn. Stat. § 609.343) applies to all the situations listed under the first-degree charge, but there is no accusation of sexual penetration to the victim.

The following situations include second-degree criminal sexual conduct:

The alleged victim is under the age of 13 and the offender is more than 36 months older than the victim.

Sex with a victim between the ages of 13 and 16, and the offender is more than 48 months older than the victim and holds a certain amount of authority over the victim.
The victim has reason to fear bodily harm to him or herself or others at the conduct occurred.
A dangerous weapon lead the victim to believe their life was in danger if they did not submit to the sexual act.
An injury occurred through sexual contact or where the victim was mentally or physically incapacitated.
Sexual acts accomplished with assistance of an accomplice either using force, coercion, or what appeared to be a dangerous weapon.
Having sexual contact with a person who is under the age of 16 and it is determined the offender has a significant relationship with the victim.

If convicted, you could face up to 25 years in prison and fines up to $35,000.

There could be more severe penalties if aggravated circumstances exist in your case. Furthermore, not knowing the victim’s age is not a defense.

Also, consent by the victim is never applicable in this charge.

This charge (Minn. Stat. § 609.344) involves sexual penetration made under the following circumstances:

The victim is under the age of 13 and the offender is not more than 36 months older than the victim.
Sexual contact with a victim who is at least 13 years old, but less than 16 years old. The offender is more than 2 years older than the victim.
The offender or an accomplice used force to complete the act or the victim was mentally or physically incapacitated at the time of the act.
The alleged victim is at least 16 years old, but is under 18. The offender is more than 48 months older than the victim and is in a position of power over the victim.

What is a Position of Authority?

A position of authority includes a parent or someone assuming parental rights for the alleged victim. This makes the offender responsible for the welfare, health, and supervision of the victim. Supervision would include any amount of time, no matter how brief, and can include time spent with a psychotherapist.

The alleged victim is a patient of a therapist, and an active sexual relationship develops between the therapist and patient.
The offender has formal leadership in a church or other religious institution, and the victim has sought their advice.

For a conviction of criminal sexual conduct in the third degree, the penalty could be up to a 15-year prison sentence and a fine of $30,000.

Typically, mistaken age is not a defense to these charges. However, the attorneys at Ringstrom DeKrey have years of experience defending these types of cases.

This charge (Minn. Stat. § 609.345) involves sexual contact without penetration and applies under the following circumstances:

Sexual contact with someone under the age of 13 and the offender is no more than 36 months older than the victim.
Sexual activities with someone at least 13 years old, but less than 16 years old. The offender is more than 48 months older than the victim or has recently been in a position of authority over the victim.
When sexual contact occurs with the use of force.
There is reason to know the alleged victim is mentally or physically incapacitated.
The offender is at least 16 years old, but less than 18 years old. The offender is more than 48 months older than the victim and is in a position of authority or was recently in such a position.

A conviction of fourth degree carries a penalty up to 10 years in prison, along with a possible fine of $20,000.

Under the laws of Minnesota, fifth degree criminal sexual conduct (Minn. Stat. § 609.3451) occurs in two types of scenarios:

An offender engages in nonconsensual sexual contact.
An offender engages in lewd acts or masturbation while in the presence of a minor under the age of 16. Or, has reason to believe or know a minor is in their presence.

Sexual contact involves the actor touching the victim’s intimate parts or requiring the victim to touch another’s intimate parts. It also includes the attempted removal or intentional removal of clothing covering the victim’s private parts.

If this is a first-time offense, these charges are often considered gross misdemeanors. Criminal sexual conduct in the fifth degree charged as a gross misdemeanor, you could face up to one-year in prison and fines up to $3,000.

When charged as a felony, 5th degree penalties include up to seven years in prison and a fine up to $14,000.

1st degree is a 30-year prison sentence with a possible fine up to $40,000.
2nd degree is a 25-year prison sentence with a possible fine up to $35,000.
3rd degree is a 15-year prison sentence with a possible fine up to $30,000.
4th degree is a 10-year prison sentence with a possible fine up to $20,000.
5th degree is a 1-year jail sentence with a possible fine up to $3,000.

Not only are those convicted facing lengthy prison sentences, but you are also required to register as a sex offender.

Having to register as a “predatory offender” is extremely damaging to your life and future. Our attorneys will do everything to fight this on your behalf.

Criminal defense attorneys at Ringstrom DeKrey have the expertise it will take to defend you against these charges.

1st degree and 3rd degree criminal sexual conduct charges usually involve sexual penetration. Most often, involving a minor.

2nd degree, 4th degree, and 5th degree involve sexual contact, without penetration.

Charges of 1st degree through 4th degree criminal sexual conduct are felonies. Whereas the 5th degree criminal sexual conduct can be either felonies or gross misdemeanors.

You could face multiple charges. For example, the same incident could lead to two separate counts of first-degree criminal sexual conduct. Likewise, you could face one count in the 1st degree and one in the 2nd degree.

The prosecution is able to allege the presence of a “heinous element” in the commission of the crime if they have evidence of any of the following:

Torture of the victim.
Intentional infliction of great bodily harm on the victim.
Intentional mutilation of the victim.
Exposure of the victim to extremely inhumane conditions.
Use of a dangerous weapon.
Multiple victims.
Multiple perpetrators.
Movement of the victim from one place to another without release in a safe place.
Previous convictions of criminal sexual conduct.

The presence of one or more “heinous elements” justifies an upward departure in sentencing. This can include a mandatory life sentence without release, depending on the facts of the case. (Minn. Stat. § 609.3455)

Criminal sexual conduct in Minnesota may result in specific assessments before sentencing.

An independent professional will make treatment recommendations related to the conviction. The required assessments are sometimes waived if the charge carries a presumptive prison sentence. Or if there was an evaluation before the conviction. (Minn. Stat. § 609.3457, subd. 1)

Repeat offenders, convicted of new felony-level charges must complete a sex offender assessment.

This assessment will result in treatment recommendations. It will cover the history of offenses, the current offense’s level of severity, and the offender’s social history. The court considers the results of the assessment as one part of sentencing. (Minn. Stat. § 609.3457, subd. 1a)

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