Could a Misunderstanding Lead to Sex Crime Charges in Minnesota? In a word, Yes.
Imagine being in a public place, a restaurant, a bar, at a sporting event, a college dorm, anywhere in Minnesota, and somebody makes the allegation that you touched them inappropriately, sexually. I’m including over the clothes. Let’s add that this could even include a misunderstanding that it was wanted. Guess what? It is possible that you could still be charged with a sex crime, more specially criminal sexual conduct in the fifth degree or worse. This is when the nightmare begins.
A misunderstanding may not be a defense.
Sex Crimes charges can be some of the most difficult in the Minnesota criminal justice system. The jail issues are brutal and the registration requirements can be onerous. However, there one an additional part that may be the worst of all. The problem is that the charges alone can make you seem like a danger, no, a predator. Consider how this impacts every facet of your life from personal relationships to schools to your career to where you live. This is even true for fifth degree criminal sexual conduct charges.
The problem is that the charges alone can make you seem like a true danger, no, a predator.
If you have been accused of or charged with Fifth Degree Criminal Sexual Conduct charges, either gross misdemeanor or felony, contact a Minnesota Sex Crimes Lawyer immediately. The ramifications could be dire and you need to know what it means.
According to Statute 609.3451. Criminal sexual conduct in the fifth degree
Subdivision 1. Crime defined. A person is guilty of criminal sexual conduct in the fifth degree:
(1) if the person engages in nonconsensual sexual contact; or
(2) 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.
For purposes of this section, “sexual contact” has the meaning given in section 609.341, subdivision 11, paragraph (a), clauses (i), (iv), and (v). Sexual contact also 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 actor, if the action is performed with sexual or aggressive intent.
Subd. 2. Gross misdemeanor. A person convicted under subdivision 1 may be sentenced to imprisonment for not more than one year or to a payment of a fine of not more than $3,000, or both.
Subd. 3. Felony. (a) A person is guilty of a felony and may be sentenced to imprisonment for not more than seven years or to payment of a fine of not more than $14,000, or both, if the person violates this section within seven years of:
(1) a previous conviction for violating subdivision 1, clause (2), a crime described in paragraph (b), or a statute from another state in conformity with any of these offenses; or
(2) the first of two or more previous convictions for violating subdivision 1, clause (1), or a statute from another state in conformity with this offense.
(b) A previous conviction for violating section 609.342; 609.343; 609.344; 609.345; 609.3453; 617.23, subdivision 2, clause (2), or subdivision 3; or 617.247 may be used to enhance a criminal penalty as provided in paragraph (a).
Jack Rice is a Minnesota Sex Crimes Lawyer and a Board Certified Criminal Law Specialist. He is a former prosecutor and a former US. Federal Agent and has been a practicing criminal defense lawyer for decades. If you don’t where to turn, know that you are not alone. Jack has your back.