Minnesota Legal Definitions
We understand that people may need information about the legal definitions of child sexual abuse in Minnesota. The information below is not intended in any way as legal advice. Please consult an attorney if you are seeking legal advice. If you need help finding an attorney, you can call our safe and confidential Helpline: 1-888-773-8368 for a referral.
Disclaimer: This is a summary of Minnesota state statutes found in chapter 600. These statutes have been rewritten and are not to be interpreted as specific law. Please visit the website: http://www.revisor.leg.state.mn.us/stats/609/ for the exact legal language.
Registration: All people convicted of a sex offense or a sex related offense are required to register with law enforcement and notify law enforcement of any change in address for ten years or longer.
Criminal Sexual Conduct in the 1st Degree: This is a felony charge which involves an act of sexual penetration unless the victim is under 13 and the actor is more than 36 months older in which case genital to genital contact would also have this charge. This charge also includes situations where the victim is under 13, 14 or 15 and the actor is more than 48 months older and in a position of authority. This charge can also include: the use of force or coercion, the use of a dangerous weapon, threats of personal harm, being aided or abetted by accomplices and/or the victim was mentally impaired, mentally incapacitated or physically helpless.
Examples that could be legally charged as 1st degree:
- A 15 year old boy is threatened to be hit in the face if he does not perform oral sex on his 42 year old stepfather.
- A 12 year old girl is touched on her bare genitals by a 25 year old male's bare genitals without penetration.
Penalty: May be sentenced to imprisonment for not more than 30 years and/or payment of a fine of not more than $40,000.
Criminal Sexual Conduct in the 2nd Degree: This is a felony charge which involves an incident involving sexual contact, not penetration. If the victim is under 13 and the actor is more than 36 months older, coercion does not have to be proven. This charge also includes if the victim is 13, 14 or 15 and the actor is more than 48 months older and in a position of authority. This charge can also include: the use of force or coercion, the use of a dangerous weapon, threats of personal harm, being aided or abetted by accomplices and/or the victim was mentally impaired, mentally incapacitated or physically helpless.
Examples that could be legally charged as 2nd degree:
- A 15 year old boy's crotch is grabbed by a 32 year old female teacher.
- A 42 year old female minister touches a 14 year old girl's inner thigh over her clothes.
Penalty: May be sentenced to imprisonment for not more than 25 years and/or payment of a fine of not more than $35,000.
Criminal Sexual Conduct in the 3rd Degree: This is a felony charge, which is similar to the 1st Degree (penetration has occurred) but usually does not involve incidents where strong force or coercion was used. Also includes cases between children or youth where the victim is under 13 and the actor is no more than 36 months older or the victim is 13, 14 or 15 and the actor is no more than 24 months older.
Examples that could be legally charged as 3rd degree:
- A 19 year old girl has intercourse with a 15 year old boy.
- A 14 year old boy digitally penetrates an 11 year old boy.
Penalty: May be sentenced to imprisonment for not more than 15 years and/or payment of a fine of not more than $30,000.
Criminal Sexual Conduct in the 4th Degree: This is a felony charge, similar to 2nd degree (contact has occurred without penetration) when less force is used and it also includes cases between children or youth where the victim is under 13 and the actor is no more than 36 months older. This charge also includes if the victim is 13, 14 or 15 and the actor is more than 48 months older or in a position of authority.
Examples that could be legally charged as 4th degree:
- A 10 year old boy pulls down a 7 year old girls pants and touches her butt.
- A 14 year old is asked to touch his father's genitals.
Penalty: May be sentenced to imprisonment for not more than 10 years and/or payment of a fine of not more than $20,000.
Criminal Sexual Conduct in the 5th Degree: This is a gross misdemeanor charge. Involves engagement in nonconsensual sexual contact (low level) or if the actor engages in masturbation or lewd exhibition of the genitals in the presence of a minor under the age of 16. Can become a felony charge if the actor has been previously charged with Criminal Sexual Conduct in the 5th degree.
Examples that could be legally charged as 5th degree:
- A 27 year old man masturbates in front of a 15 year old girl.
- A 42 year old woman shows her genitals to a 14 year old boy.
Penalty: May be sentenced to imprisonment for not more than 1 year and/or payment of a fine of not more than $3,000.
Solicitation of children to engage in sexual conduct: This charge might be applied if an actor attempts to persuade someone 15 or younger to engage in sexual contact (in person, by telephone, by letter or by computerized or other electronic means).
Penalty: May be sentenced to imprisonment for not more than 3 years and/or payment of a fine of not more than $5,000.
Possession of pornographic work involving minors: This charge is a felony and includes both the dissemination and the possession of pornographic work, meaning, an original or reproduction of a picture, film, photograph, negative, slide, videotape, videodisc, or drawing of a sexual performance involving a minor or any visual depiction including any photograph, film, video, picture, drawing, negative, slide or computer-generated image or picture, whether made or produced by electronic, mechanical or other means that uses a minor to depict actual or simulated sexual conduct or has been created, adapted or modified to appear that an identifiable minor is engaging in sexual conduct or is advertised, promoted, presented, described or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexual conduct.
Penalty: Dissemination: May be sentenced to imprisonment for not more than 7 years and/or payment of a fine of not more than $10,000 and not more than 15 years and/or not more than $20,000 for a second or subsequent offense. Possession: May be sentenced to imprisonment for not more than 5 years and/or payment of a fine of not more than $5,000 and not more than 10 years and/or not more than $10,000 for a second or subsequent offense.
Stay: With a Criminal Sexual Conduct in the 1-4th degrees, except when imprisonment is required (if the offense is within 15 years of a different sexual offense which was charged) the courts may stay imposition or execution of the sentence if it is in the best interest of the family and a professional assessment indicates that the offender has been accepted by and can respond to a treatment program. If a stay occurs, the conditions of probation would include: incarceration in a local jail or workhouse, completion of a sex offender treatment program, no unsupervised contact with the victim until the completion of the treatment program unless approved by the treatment program and the supervising correctional agent.
Risk levels: If time in a correctional institution is served, a risk level will be assigned upon release and is affected by a variety of factors including: history of sexual offenses, success or failure with a treatment program, an interview with a trained psychologist and/or a file review . Risk levels are determined by the End of Confinement Review Committee (ECRC).
If assigned a Risk Level 1, the information is sent to local law enforcement and can be shared with victims and/or witnesses to the crimes
If assigned a Risk Level 2, the information is sent to local law enforcement and can be shared with victims and/or witnesses to the crimes. Additionally, law enforcement may notify schools, day care centers, or other organizations that represents potential victims.
If assigned a Risk Level 3, a full community notification would occur. Law enforcement may share all public information with the public. It is likely that a communication meeting will be held and the person's name, picture and information about the offense may appear in the newspaper, on television and/or on posters.
Top of page
