{"id":374301,"date":"2016-04-11T01:22:51","date_gmt":"2016-04-11T06:22:51","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/minnesota-law\/minnesota-rape-and-sexual-assault-laws.html"},"modified":"2018-03-23T10:12:38","modified_gmt":"2018-03-23T15:12:38","slug":"minnesota-rape-and-sexual-assault-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/minnesota-law\/minnesota-rape-and-sexual-assault-laws.html","title":{"rendered":"Minnesota Rape and Sexual Assault Laws"},"content":{"rendered":"\n
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Minnesota Rape and Sexual Assault Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\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

Rape and sexual assault are illegal in Minnesota, as in all other states. However, Minnesota doesn\u2019t call these crimes by the usual terms. The legal name for the crime of rape<\/a> and sexual assault<\/a> is \u201ccriminal sexual conduct.\u201d Minnesota has five degrees or levels of criminal sexual conduct that vary based on the unlawful sexual activity and the age of the victim.<\/p>\n

The following table outlines the rape and sexual assault laws in Minnesota.<\/p>\n\n
Code Sections<\/b><\/td>\nMinnesota Statutes Sections 609.342 \u2013 Criminal Sexual Conduct in the First Degree<\/a>, 609.343 \u2013 Second Degree<\/a>, 609.343 \u2013 Third Degree<\/a>, 609.345 \u2013 Fourth Degree<\/a>, and 609.3451 \u2013 Fifth Degree<\/a><\/td>\n<\/tr>
What\u2019s Prohibited?<\/b><\/td>\n

Criminal Sexual Conduct in Minnesota is all of the following, based on the degree:<\/p>\n

First Degree<\/u> \u2013 Sexual penetration<\/a> (vaginal, oral, or anal sex or any intrusion of the victim\u2019s genital or anal openings by any part of the defendant or an object) of anyone or sexual contact with a person under 13 (intentional touching of victim\u2019s bare genitals or anus by defendant or another\u2019s genitals or anus with sexual or aggressive intent) in the following circumstances:<\/p>\n

Penalties<\/b><\/td>\nThe penalties for the above crimes are:
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\nFirst Degree<\/u> \u2013 Typically, a maximum of 30 years and a fine of $40,000. The mandatory minimum sentence is at least 12 years. Also, offenders are subject to conditional release<\/a>, which means for 10 years after release from prison, the offender has to submit to sex offender treatment, monitoring, etc. If the defendant had a prior sex offense conviction, he or she will be on conditional release for the remainder of his or her life.
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\nIt\u2019s possible to stay the minimum sentence<\/a>, but if the court decides to, it must be done in the best interest of the victim or the family, a professional sex offender assessment has been done and probation<\/a> includes local jail, treatment, and no unsupervised contact with the victim unless approved by the probation officer and the treatment program.
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\nSecond Degree<\/u> \u2013 The maximum sentence is 25 years and max fine is $35,000. The minimum sentence is 7.5 years, unless a different minimum is required. The offender would also be subject to conditional release described above. Stays are also possible.
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\nThird Degree <\/u>\u2013 At most, the penalty is 15 years in prison and a fine of $30,000. If the victim was 13-15 and the defendant wasn\u2019t more than 4 years, but more than 2 years older than the maximum is 5 years and a fine of $30,000. Conditional release is again required.
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\nFourth Degree<\/u> \u2013 The penalty is up to 10 years in prison and a fine up to $20,000. This person also has to be monitored under conditional release and could get a stay of part of the sentence.
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\nFifth Degree<\/u> \u2013 Typically a gross misdemeanor<\/a>, it\u2019s penalty is up to 1 year imprisonment and a fine up to $3,000. However, if the defendant had a prior conviction it could be a felony that\u2019s penalized by up to 7 years in prison and a fine up to $14,000.
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\nPredatory Offender Registry<\/u>
\nMost of these offenses will get you on the Minnesota sex offender registry<\/a>. This severely impacts your life, including where you can work and live.<\/td>\n<\/tr>
Defenses<\/b><\/td>\n

It\u2019s generally NOT a defense<\/a> that a defendant was mistaken as to the victim\u2019s age. However, sometimes it can be for a person who has sex with a 13-15 year old thinking they were at least 16.<\/p>\n

The victim\u2019s consent to the sexual acts is often not a defense. When the child is too young to be involved with you, it\u2019s still statutory rape<\/a>. Consent also isn\u2019t a defense to a psychotherapist, clergy, or correctional officer or volunteer who uses their position to have sex with the victim.<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

Note:<\/i><\/b> State laws change constantly. It\u2019s important to verify the laws you’re researching.<\/i><\/p>\n

Get Help With Your Rape Charges From a Minnesota Defense Attorney<\/h2>\n

A conviction on rape or sexual assault charges not only will result in a serious penalty (including a lengthy prison term), but also will land you on the sex offender registry for life. Everyone has the right to a fair trial, and it pays to hire a top-notch defense attorney. Get started today by contacting an experienced Minnesota criminal defense attorney<\/a>.
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