Criminal sexual conduct in the first, second, third, and fourth degree are felony-level offenses. Criminal sexual conduct in the fifth degree is a gross misdemeanor offense; however, certain repeat violations of this crime are classified as felonies. Minn. Stat. §§ 609.342 to 609.3451.

The chart on the following page displays the maximum statutory penalty for each degree of the crime and the presumptive sentence for each degree of the crime under the sentencing guidelines sex offender grid.

Name of crime Type of activity Maximum penalty provided by statute Presumptive Sentencing Guidelines sentence (no criminal history)
1st degree
criminal sexual conduct
Sexual penetration; certain sexual contact with victim under 13 years old 30 years; $40,000 fine 144 months in prison; Statutory law presumes an executed sentence of 144 months for all violations
2nd degree
criminal sexual conduct
Sexual contact 25 years; $35,000 fine 90 months in prison; 36 months stayed sentence for “statutory rape.”* Statutory law presumes an executed sentence of 90 months for crimes where the perpetrator uses or threatens to use force or violence, causes injury, uses a dangerous weapon, or creates significant fear on the part of the victim of imminent great bodily harm
3rd degree
criminal sexual conduct
Sexual penetration 15 years; $30,000 fine 48 months in prison; 36 months stayed sentence for “statutory rape”*
4th degree
criminal sexual conduct
Sexual contact 10 years; $20,000 fine 24 months stayed sentence; 18 months stayed sentence for “statutory rape”*
5th degree
criminal sexual conduct
Sexual contact; certain lewd conduct One year; $3,000 fine (gross misdemeanor). Certain repeat violations punishable by 5 years; $10,000 fine 15 months stayed sentence; Sentencing guidelines do not apply to gross misdemeanor violations
*As used in this chart, “statutory rape” means a criminal sexual conduct crime that has the following elements: (1) sexual conduct; (2) a victim of a certain age; and, for certain crimes, either (3) a familial relationship between the actor and the victim; or (4) use of a position of authority by the actor. The term “statutory rape” is not a term used in statute.

CREDIT: The content of this and any related posts has been copied or adopted from the Minnesota House of Representatives Research Department’s Information Brief, Sex Offenders and Predatory Offenders: Minnesota Criminal and Civil Regulatory Laws, written by Legislative Analyst Jeffrey Diebel.

This post is also part of a series of posts on Minnesota Criminal and Civil Regulatory Laws Regarding Sex Offenders and Predatory Offenders.

Leave a Public Comment

  • Aaron Hall, Minnesota Lawyer
    April 16, 2012, 6:49 am

    Brieana:

    I am very sorry for what you must be going through. Unfortunately, there is no way to estimate what he may be facing without knowing the details of the charges, and such an analysis would take time (and cost money for lawyer time).

    Aaron

  • brieana
    April 13, 2012, 9:47 pm

    my oldest son father was found guilty of two counts of 1 degree criminal sexual conduct 13yr old female andtwo counts of 3rd degree for the same what is he facing as far as time he will serve ?