What is Criminal Sexual Conduct?

What Are The Degrees of Criminal Sexual Conduct?
April 30, 2020
What Does a Hennepin County Criminal Defense Attorney Do?
April 30, 2020

bank fraud mnThe Minneapolis law classifies criminal sexual conduct into five levels, 1st degree to the 5th. Generally, the first and third-degree charges involve sexual penetration, while the second, fourth, and fifth entail sexual contact without penetration.

1st and 2nd-degree criminal sexual conduct charges apply to action involving personal injury, the use of force, violence, or a weapon, plus when the victim is really young. The 3rd, 4th, and 5th degree usually involve less aggravated action in situations where the victim didn’t consent to sexual activity, was incapable physically or mentally to consent to the action, was relatively young or vulnerable.

What Penalties Apply to Minneapolis, MN Sexual Conduct?

1st Degree

This charge involves sexual penetration or particular sexual contact with a person under the age of 13. The maximum penalty issued by statute is 30 years in prison and a $40,000 fine.

2nd Degree

This charge involves sexual contact with a maximum penalty of $35,000 and 25 years in jail.

3rd Degree

This charge involves sexual penetration with an individual between ages 16 and 18 and is mentally helpless, and the perpetrator uses force. The maximum penalty is $30,000 and 15 years in prison.

4th Degree

This charge involves sexual contact and the maximum penalty is 10 years and $20,000 fine.

5th Degree

This level of sexual conduct involves sexual contact with certain lewd conduct. The maximum penalty is one year in jail and $3000 fine. Continued misdemeanor can result in 5 years in jail and $10,000 in fine.

Other Mandatory Sentencing Provisions that Apply Include:

Violent or Repeat Predatory Offenders- Dangerous sex offenders can be jailed for life or undetermined sentences if factors that are aggravating are found. These include sexual conduct involving violence or force, previous sex offenses, and heinous elements.

Minimum Conditional Release Term- If the court convicts an individual as a felony-sex offender, they must serve a minimum period of conditional release after serving their term. This is usually ten years in Minneapolis, except for those sentenced to indeterminate terms as a result of repeat offenses and certain aggravating factors.

DNA Analysis- The court is mandated to order those charged with sexual conduct to undertake DNA sample testing. This ideally applies to people convicted of other crimes listed in the law. If the convicted wasn’t ordered to hand in this sample during the sentencing period, they need to provide it before release.

Community Notification- A risk level assignment to sexual offenders is required for those released from jail and should register under Predatory Offender Registration Law. Based on the risk level, the authorities are required to share certain information regarding the offender to particular entities and individuals in Minneapolis. This should include places where they work, live or attend school.

This is not a comprehensive look at criminal sexual conduct, but it covers the most important aspects of the topic. If you are accused of criminal sexual conduct, it is imperative that you work with an experienced criminal law attorney in Minneapolis to handle your defense. Such charges are tackled very seriously and working with a public defender will only reduce your chances of winning the case. A experienced lawyer in a law firm is your best choice.

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