Sexual offenses are vigorously prosecuted in Minnesota and carry serious consequences, including prison sentences and significant fines. Moreover, having a sex crime conviction on your record can have devastating consequences on your hard-earned reputation and family relationships. As such, it’s important to take these charges seriously and to get help from an experienced sex crime defense lawyer.
What Is A Sex Crime?
A sex crime is an illegal act of a sexual nature. Examples of sex crimes include prostitution, rape or sexual battery, and communication of sexually explicit materials to children. Minnesota also specifically defines criminal sexual predatory conduct as “a predatory crime that was motivated by the offender’s sexual impulses or was part of a predatory pattern of behavior that had criminal sexual conduct as its goal,” which can carry lengthy prison sentences and a fine of up to $20,000.
How Does Minnesota Categorize Sex Crimes?
Minnesota has five degrees of criminal sexual conduct, arranged in descending degree of severity as follows:
- First-degree – Criminal sexual conduct of the first-degree includes circumstances where sexual penetration occurred where the victim was under fear of imminent serious bodily harm, the perpetrator threatened the victim with a weapon, or the perpetrator caused harm to the victim through force or coercion, among other circumstances. Conviction of this crime carries a penalty of up to thirty years in prison, a fine of up to $40,000, or both.
- Second-degree – Second-degree criminal sexual conduct is distinguished from a first-degree charge as being sexual contact where the victim had a fear of serious bodily harm, the perpetrator threatened the victim with a weapon, or the perpetrator harmed the victim through the use of coercion or force (or other statutory factors). Conviction of this crime could result in a prison sentence of up to twenty-five years, a fine of up to $35,000, or both.
- Third-degree – A third-degree offense may be found if someone engages in sexual penetration with another person if they used coercion or force, if the victim was mentally incapacitated or physically impaired, or if an occupational relationship exists between the perpetrator and victim. Conviction of third-degree criminal sexual conduct could result in a fifteen-year prison sentence, a $30,000 fine, or both.
- Fourth-degree – In a fourth-degree offense, the same circumstances exist as in a third-degree offense, except that only sexual contact must occur. The penalties for this offense are up to ten years in prison, a $20,000 fine, or both.
- Fifth-degree – A fifth-degree offense includes non-consensual sexual penetration, non-consensual sexual contact, or improper sexual conduct in the presence of a minor. A fifth-degree criminal sexual conduct charge may be a gross misdemeanor offense or felony.
How Can You Defend Yourself Against A Sex Crime?
If you’re facing allegations of criminal sexual conduct, don’t make the mistake of attempting to defend yourself. Court cases are complex, and you need and deserve the help of an experienced defense attorney. They will thoroughly investigate the allegations, gather the evidence to support your defenses, and craft a strong legal strategy to counter the prosecutor’s case against you. For example, a defense attorney may question the alleged victim’s credibility, establish the consent of the complaining party, or invoke certain affirmative defenses, depending on the circumstances of your case.
Contact A Sex Crimes Lawyer In Minnesota Today
If you are accused of a sex crime in St. Paul or Ramsey County, Minnesota, a criminal defense attorney should be your first call. Duffy Defense, PLLC, understands what you’re up against, and we want to help you avoid the consequences of a conviction. Contact us today to speak to Alec M. Duffy in a free, initial case consultation.