Minnesota has five levels (degrees) of criminal sexual conduct (CSC). based on various factors. As the charges go higher up in degree, the penalties increase. Understanding the various degrees can help you know what you’re up against if you or someone you know is accused of one—and why you need an attorney experienced in defending sex crimes.
First-Degree Criminal Sexual Conduct
First-degree CSC is the most serious level of criminal sexual conduct. These charges involve sexual penetration in these circumstances:
- The complainant is under 14 and the accused is more than three years older
- The complainant is between 14 but less than 16 and the accused is more than four years older and in a position of authority
- The accused uses force, violence, weapons, or threats of great bodily harm
- Situations where the complainant (child or adult) suffers injury or where a dangerous weapon is used or threatened
Convictions for First Degree CSC can carry up to 30 years in prison and fines up to $40,000. The law also requires long-term registration as a predatory offender, mandatory minimum prison sentences, and conditional release after prison.
Second-Degree Criminal Sexual Conduct
Second-degree CSC involves sexual contact rather than penetration. “Sexual contact” generally means the touching of the intimate parts of the victim. Common situations include:
- Sexual contact with a child under 14 by someone more than three years older
- Sexual contact with a person between 14 and 16 when the accused is more than four years older than the complainant and in a position of authority
- Sexual contact that involves force, coercion, injury, or a weapon
Second-degree CSC has a maximum of 25 years in prison and fines up to $35,000, along with mandatory registration requirements, mandatory minimum prison sentences and conditional release after prison.
Third-Degree Criminal Sexual Conduct
Third-degree CSC includes sexual penetration under less severe circumstances. This applies when:
- The complainant is between 14 and 16, and the accused is more than two years older
- The complainant is 16 or 17, and the accused is in a position of authority and at least three years older
- The act occurs without consent due to coercion, threat, or fear of bodily harm
- The complainant is mentally impaired, mentally incapacitated, or physically helpless
A third-degree CSC conviction can result in up to 15 years in prison and $30,000 in fines, as well as mandatory registration and conditional release after prison.
Fourth-Degree Criminal Sexual Conduct
Fourth-degree CSC involves sexual contact under similar circumstances as third degree, including:
- Sexual contact with someone under 14 and the accused is three or fewer years older
- Sexual contact with someone between 14 and 16 when the accused is more than three years older
- Sexual contact with someone 16 or 17 when the accused is in a position of authority
- Contact that happens through coercion or when the person is mentally or physically unable to consent
The maximum sentence for fourth-degree CSC is 10 years in prison and $20,000 in fines. Like other CSC offenses, it requires registration as a predatory offender and can result in prison and supervised release conditions.
Fifth-Degree Criminal Sexual Conduct
Fifth-degree CSC is the least severe level but is still a serious offense. It covers two main types of conduct:
- Nonconsensual sexual penetration or contact
- Lewd acts, such as public sexual behavior or indecent exposure in front of a child
Fifth-degree CSC can be a gross misdemeanor or felony depending on the facts. While the penalties are lower than for other degrees, convictions still result in a permanent criminal recordand they can also lead to registration requirements if there are repeat offenses.
How Prosecutors Decide Which Degree to Charge
Prosecutors look closely at several factors to decide which degree to charge:
- The age difference between the complainant and the accused
- Whether there was sexual contact or penetration
- Whether there was force, threats, or coercion
- Whether the complainant was injured
- Whether the accused had a position of authority or trust or a significant relationship
- Whether the complainant was able to affirmatively consent
Even small differences in facts, such as an age gap or physical injury, can change the degree and punishment. Ultimately, if you’re facing a CSC charge, a lawyer can help you understand the penalties and potential defenses available.