Sex Crimes
If you or someone you know is facing a sex crime charge then contact skilled Minnesota criminal lawyer, Paul Edlund, as soon as possible to begin fighting allegations against you. Schedule a consultation today by calling 612 338-2829.
Criminal Sexual Conduct
Sex crimes cover a variety of conduct including, but not limited to:
- Rape
- Date rape
- Statutory rape
- Sexual assault
- Sexual abuse
- Sexual harassment
- Production, distribution or possession of child pornography
- Child enticement
- Child molestation
- Internet sex crimes
- Solicitation, Inducement or Promotion of Prostitution
- Prostitution Committed in School or Park Zone
- Loitering With Intent to Participate in Prostitution
- Other charges
In Minnesota, the crimes listed above and other sex crimes are now charged under the crime of “Criminal Sexual Conduct.” There are five degrees of criminal sexual conduct. The degree charged is dependant upon the age of the alleged victim and age of the defendant, the type of relationship between the two and the nature of the sexual conduct.
First degree criminal sexual conduct is the most serious. A person convicted of first degree criminal sexual conduct will be sentenced to at least 12 years in prison. This is true even if this is the accused has no previous criminal record. 12 years is a mandatory minimum prison sentence for even first time offenders, which is in addition to many other requirements and conditions.
First Degree Sexual Assault
Sex Abuse in the 1st Degree: When in the course of committing sexual abuse, the person causes another serious injury, such as a disabling mental illness; a bodily injury which creates a substantial risk of death, causes serious permanent disfigurement, or causes protracted loss or impairment of the function of any bodily member or organ; or injury to a child that requires surgical repair and necessitates the administration of general anesthesia. First degree sex abuse is a Class A Felony requiring life imprisonment without the possibility of parole.
Second Degree Sexual Assault
Sex Abuse in the 2nd Degree: Whoever commits one of the following acts can be charged with second degree sexual assault in Minnesota if:
- The accused committed a sex act while displaying a dangerous weapon in a threatening manner;
- The accused committed a sex act using or threatening to use force that would create a substantial risk of death to any person;
- The accused committed a sex act on a victim under the age of 12;
- The accused aided and abetted another in committing sexual assault through force or against the will of the victim.
Sex Abuse in the second degree is a Class B forcible felony requiring mandatory prison sentence of 25 years. It is also subject to the 70% rule for certain forcible felonies meaning that the individual must serve 70% of his/her time before even being eligible for parole.
Third Degree Sexual Assault
Sex Abuse in the 3rd Degree is divided into two subsections:
- Commits a sex act against another by force or against the will not rising to the level of First or Second Degree; and
- Alleged victim is incapable of consent or there is a special relationship between the defendant and alleged victim. This subsection is broken down into 6 additional subsections:
- Alleged victim is suffering from a mental defect or incapacity which precludes the person from giving consent;
- Alleged victim is 12 or 13 years of age;
- Alleged victim is 14 or 15 and the defendant is a member of the same household;
- Alleged victim is 14 or 15 and the defendant is related by blood or affinity to the 4th degree;
- Alleged victim is 14 or 15 and the defendant is in a position of authority and uses it to coerce the participants submission; or
- Alleged victim is 14 or 15 and the defendant is 5 or more years older than the alleged victim.
Sex Abuse in the third degree is a Class C Felony carrying with it a 10 year term of imprisonment as it is a forcible felony.
Fourth Degree Sexual Assault
Sex Abuse in the 4th Degree: Whoever engages in sexual contact with another person is guilty of criminal sexual conduct in the fourth degree if any of the following circumstances exists:
- Age Difference - The complainant is under 13 years of age and the accused is no more than 36 months older than the complainant
- Force or Coercion - The accused uses force or coercion to accomplish the sexual contact
- Mental & Physical Infirmity of Victim - The accused knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless
- Position of Authority - The complainant is at least 16 but less than 18 years of age and the accused is more than 48 months older than the complainant and in a position of authority over the complainant
- Significant Relationship - The actor has a significant relationship to the complainant and the complainant was at least 16 but under 18-years-old at the time of the sexual contact.
A person convicted of fourth degree sexual assault may be sentenced to imprisonment for up to 10 years or fined up to $20,000, or both.
Fifth Degree Sexual Assault
Sex Abuse in the 5th Degree: A person is guilty of criminal sexual conduct in the fifth degree:
- If the person engages in nonconsensual sexual contact; or
- The person engages in masturbation or lewd exhibition of the genitals in the presence of a minor under the age of 16, knowing or having reason to know the minor is present.
"Sexual contact" does not include the intentional touching of the clothing covering the immediate area of the buttocks. Sexual contact does includes the intentional removal or attempted removal of clothing covering the complainant's intimate parts or undergarments, and the nonconsensual touching by the complainant of the actor's intimate parts, effected by the accused, if the action is performed with sexual or aggressive intent.
Child Enticement
Child enticement frequently involves having contact with a child over the internet or on the phone and asking to meet the child for the purpose of any type of sexual activity that is criminal. The crime is committed upon the discussion of meeting. It does not require an actual meeting or any sexual activity to take place.
Child Pornography
Under federal law, child pornography is defined as any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct where: the production of the visual depiction involves the use of a minor engaging in sexually explicit conduct; or the visual depiction is a digital imagine, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or the visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.
Child pornography is a crime that includes the act of producing pornographic materials, the sale or trafficking of such materials, and the possession of such materials. The federal definition of a child is a person under the age of 18. While some may be concerned about pictures of unclothed children, not all pictures of this type are considered pornography. The child must be placed in a sexualized situation, or engaging in sexual conduct.
Sex crime charges can can cause serious damage to your future if you do not retain the services of a skilled criminal lawyer in Minnesota promptly. Retaining an experienced lawyer to agressively pursue acquittal can prevent a conviction and otherwise protect your rights. With your future at stake, contact the knowledgeable Minnesota criminal lawyer Paul Edlund as soon as possible. Serving Minneapolis, St. Paul, the Greater Twin Cities Metro and beyond, Mr. Edlund is a reputable attorney in Minnesota with an exceptional rate of success. The earlier a lawyer is involved with your case, the better your attorney will be able to defend you: Contact Paul Edlund today for a consultation!
PHONE: 612.338.2829