{"id":374295,"date":"2016-03-31T21:35:43","date_gmt":"2016-04-01T02:35:43","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/minnesota-law\/minnesota-prohibited-consensual-sexual-activity-laws.html"},"modified":"2023-01-23T11:51:03","modified_gmt":"2023-01-23T16:51:03","slug":"minnesota-prohibited-consensual-sexual-activity-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/minnesota-law\/minnesota-prohibited-consensual-sexual-activity-laws.html","title":{"rendered":"Minnesota Prohibited Consensual Sexual Activity Laws"},"content":{"rendered":"\n
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Minnesota Prohibited Consensual Sexual Activity Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Nicole Prebeck, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

For the most part, consensual sexual activity is none of the government’s business. Sexual assault, rape, and other such sex crimes<\/a> all involve non-consensual sex and are thus considered serious violations. However, there are some situations where consensual sex crosses the line and either endangers another’s well-being or disrupts the public.<\/p>\r\n

This article provides a brief overview of Minnesota laws prohibiting certain consensual and non-consensual sex acts. Keep in mind that "consent" is a legal term defined by state criminal law. For example, it is impossible for anyone under the age of 16 to consent<\/a> to sexual activity in Minnesota.<\/p>\r\n

The History of Prohibited Consensual Sex Acts<\/h2>\r\n

While any kind of non-consensual sex is a crime, most states at one time enforced anti-sodomy laws aimed at singling out same-sex couples. However, these laws were struck down in Lawrence v. Texas<\/a> <\/i>(2003), and were found to be unconstitutional and therefore unenforceable.<\/p>\r\n

Some sex acts remain criminalized under state laws, particularly when they involve unwitting third parties in an offensive or shocking manner. For instance, engaging in sexual acts in public (or even in private, if the act is visible to others) or exposing your genitals in public are considered illegal under most state laws.<\/p>\r\n

Minnesota Prohibited Consensual Activity Laws: At a Glance<\/h2>\r\n

Additional information about Minnesota’s laws prohibiting certain types of consensual sexual activity can be found in the following table. See FindLaw’s Sex Crimes<\/a> section to learn more about prohibited non-consensual sex acts.<\/p>\r\n\r\n

Sodomy Laws Applicable to<\/p>\r\n<\/th>\r\n

There are no longer anti-sodomy laws in Minnesota.<\/td>\r\n<\/tr>

Penalty for Sodomy<\/p>\r\n<\/th>\r\n

<\/i>There is no penalty for sodomy in Minnesota<\/td>\r\n<\/tr>

HIV Exposure and Compelled Testing for Offenders<\/p>\r\n<\/th>\r\n

Under \u00a7 609.2241<\/a> of the Minnesota Statutes, if the crime involved sexual penetration with another person without having first informed the other person that they have a communicable disease, or if the crime involved the transfer of blood or sperm (except for medical research), the victim may request the convicted sex offender to undergo an HIV or other STI test.<\/td>\r\n<\/tr>

Other Crimes Relating to Consensual Sex Acts<\/p>\r\n<\/th>\r\n

Other Crimes Relating to Non-consensual Sex Acts<\/p>\r\n<\/th>\r\n