Glossary List of Minnesota Sex Crimes Terms
Minnesota is extraordinarily aggressive when it comes to sex crime. While this is the case when it comes to criminal penalties, it also applies to civil registration requirements for convicted sex offenders. In fact, Minnesota stands out amongst many states in how aggressively they handle these kinds of cases. If you are facing an accusation, a criminal investigation or a criminal charge for sexual assault or other sex related charged in Minnesota, make sure that you consult with an experienced Minnesota Sex Crimes Defense Attorney.
“Understanding the jargon is an important part of understand sex crime prosecutions in Minnesota.”
Glossary List of Sex Crimes Terms
Below is a Glossary list of terms sometime used in sex crime cases in Minnesota. It is not complete but is meant as a starting point. Some are legal definitions based upon Minnesota Statutes while others are more general in their common usage. Frequently used terms include:
Actor: "Actor" means a person accused of criminal sexual conduct.
Age of Consent: this is the legal age at which a person is legible able to consent to sexual contact. In the Minnesota, this age of consent is 16. And yet, there are limitations to this depending upon the age of the the parties and position of authority. A violation of this could result in statutory rape or criminal sexual conduct (CSC) charges as well as other potential ramifications.
Appeal: In the event of a sex crime conviction such as statutory rape, date rape, child pornography, sex trafficking and more, you have the right to appeal that conviction. However, there are time constraints for an appeal. Miss those and you may be waiving your right to appeal.
Bail: The amount set by the Court to release a defendant from custody pending the outcome of a case. In Minnesota, the Court is required to set a bail amount. This amount can be met in cash or through a bondsman.
Charge: A charge is a criminal complaint that has been filed in a Minnesota State Court. If you are charged with a sex offense in Minnesota, you may face all of the criminal penalties as well as other ramifications in eluding possible registration requirements that come with those charges and convictions.
Child Abuse: While child abuse is a much broader topic than simply sex crimes, these may include statutory rape, internet sex crimes, child pornography, child molestation and statutory rape. If you are facing these types of charges, consult with an experienced Minnesota Sex Crimes Attorney immediately.
Child Molestation: This term generally pertains to sexual acts involving contact with a child's "intimate parts" which includes the primary genital area, groin, inner thigh, buttocks, or breast of a human being, making of pornographic materials involving that child, pictures, rape, or any other sexual acts committed against a child.
Child Pornography: Depiction of sexual behavior through pictures, video, and other materials. Pornography involving minors (possession, distribution, manufacturing, etc.) can result in serious criminal charges in Minnesota.
Child Prostitution: Child Prostitution involves child engaging in sexual acts in exchange for money or other forms of compensation. This is sometimes called Sex Trafficking just because of the age of the individual. This is a felony in Minnesota and also would require registration as a predatory offender if convicted.
If you are facing a accusation, an investigation or a criminal charge, make sure you sit down with an experienced Minnesota sex crimes defense attorney.
Child Protective Services (CPS): CPS is a Minnesota government agency responsible for addressing reports of child abuse, neglect, and child sexually abusive activity. If you are charged with a sex crime, it is almost certain that CPS will open an investigation into your own children regardless of whether the allegations involve them.
Complainant: ”Complainant" means a person who is the alleged victim in a criminal complaint.
Complaining Witness: See complainant.
Coercion: "Coercion" means the use by the actor of words or circumstances that cause the complainant reasonably to fear the infliction of bodily harm upon the complainant or another, or the use by the actor of confinement, or superior size or strength, against the complainant to accomplish the act. Proof of coercion does not require proof of a specific act or threat. This can be open to interpretation and is frequently a question for the jury.
Consent: (a) "Consent" means words or overt actions by a person indicating a freely given present agreement to perform a particular sexual act with the actor. Consent does not mean the existence of a prior or current social relationship between the actor and the complainant or that the complainant failed to resist a particular sexual act. People under a certain age and adults in certain mental states are legally incapable of providing consent.
(b) A person who is mentally incapacitated or physically helpless as defined by this section cannot consent to a sexual act.
(c) Corroboration of the victim's testimony is not required to show lack of consent.
Conviction: When a court determines that an individual is guilty of a criminal charge, they are said to be convicted and will subsequently face criminal sentencing. When a court finds a person guilty of a criminal charge, he or she has been convicted and will face criminal sentencing.
Criminal Sexual Conduct (CSC): CSC encompasses a range of sex-related crimes, categorized into degrees such as 1st, 2nd, 3rd, 4th and 5th degree. These offenses involve penetration or contact, including cases with minors, incidents involving force and coercion and more.
Date Rape: A sexual assault generally involving an acquaintance or “date.” This may also include alcohol or drugs such as as Rohypnol, GHB, GBL and Ketamine. These are sometimes called “date-rape drugs.”
Defendant: The person who is charged with a crime is referred to as a defendant.
DNA Testing: DNA testing involves laboratory examinations of blood, hair, semen, saliva, and other sources of DNA to determine factors such as presence at a crime scene, engagement in sexual activity with the alleged victim, and other pertinent details of a case. In Minnesota, the Bureau of Criminal Apprehension (BCA) is the largest drug lab and is based in St. Paul.
Emotionally dependent: "Emotionally dependent" means that the nature of the former patient's emotional condition and the nature of the treatment provided by the psychotherapist are such that the psychotherapist knows or has reason to know that the former patient is unable to withhold consent to sexual contact or sexual penetration by the psychotherapist.
Felony: Felonies are classified as serious crimes that carry more severe sentences compared to gross misdemeanors and misdemeanors in Minnesota. These mean more than a year in prison all the way up to life in prison.
Force: "Force" means either: (1) the infliction by the actor of bodily harm; or (2) the attempted infliction, or threatened infliction by the actor of bodily harm or commission or threat of any other crime by the actor against the complainant or another, which causes the complainant to reasonably believe that the actor has the present ability to execute the threat.
GBL: Gamma-butyrolactone (GBL) is an illegal drug causing memory loss that is commonly used in date rape cases. It is frequently known as a date-rape drug.
GHB: Gamma-hydroxybutyric acid (GHB) is an illegal drug causing memory loss that is commonly used in date rape cases. It is frequently known as a date-rape drug.
Gross Misdemeanor: Gross misdemeanors are crimes that could result in up to a year in jail and up to a $3000 fine. Some 5th degree CSC charges involve Gross Misdemeanor offenses.
Indecent Exposure: Indecent exposure refers to the deliberate act of exposing one's genitals or, in the case of females (this is in the statute), breasts. This offense can lead to charges of indecent exposure in Minnesota. This might also apply to coercing others to do the same.
Intimate parts: “Intimate parts” includes the primary genital area, groin, inner thigh, buttocks, or breast of a human being.
Ketamine: Ketamine is an illegal drug causing memory loss that is commonly used in date rape cases. It is frequently known as a date-rape drug.
Lewd Conduct: Also known as lascivious conduct, lewd conduct encompasses any unlawful action intended to sexually arouse another person. Engaging in such conduct can result in charges of lewd conduct. Multiple offenses in Minnesota may apply to this behavior.
Mentally Impaired: "Mentally impaired" in the context of criminal sexual conduct in Minnesota means that a person, as a result of inadequately developed or impaired intelligence or a substantial psychiatric disorder of thought or mood, lacks the judgment to give a reasoned consent to sexual contact or to sexual penetration.
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Mentally incapacitated: "Mentally incapacitated" in the contest of criminal sexual conduct in Minnesota means:
(1) that a person under the influence of alcohol, a narcotic, anesthetic, or any other substance, administered to that person without the person's agreement, lacks the judgment to give a reasoned consent to sexual contact or sexual penetration; or
(2) that a person is under the influence of any substance or substances to a degree that renders them incapable of consenting or incapable of appreciating, understanding, or controlling the person's conduct.
Misdemeanor: Misdemeanor criminal acts are those that could result in up to 90 days in jail and up to a $1000 fine.
No Contact Orders (NCO): Orders excluding people from having any contact with certain individuals or certain locations. This are frequently ordered by Courts when individuals are charged with criminal sexual conduct cases in Minnesota.
Orders for Protection: Similar to NCOs in that they exclude people from having any contact with certain individuals or certain locations. One major difference is that these are sough by individuals against other individuals but most also be signed by Judges in order to be enforceable.
Penetration: Penetration in the context of sex crimes includes sexual intercourse, oral sex, or anal intercourse or any intrusion into the genital or anal openings. This is significant in whether cases may be charges as CSC 1 or 3 versus CSC 2 or 4. The sentencing can be dramatically higher for penetration cases.
Personal injury: ”Personal injury" in the context of criminal sexual conduct in Minnesota means "Bodily harm" which is defined as physical pain or injury, illness, or any impairment of physical condition or severe mental anguish or pregnancy.
Physically helpless: "Physically helpless" in the context of criminal sexual conduct in Minnesota means that a person is (a) asleep or not conscious, (b) unable to withhold consent or to withdraw consent because of a physical condition, or (c) unable to communicate non-consent and the condition is known or reasonably should have been known to the actor.
Polygraph: Commonly known as a lie detector test, a polygraph measures involuntary physiological responses to determine the veracity of statements. Although not admissible in court, polygraphs may be used by law enforcement to gather evidence and as interrogation tools. They can also occasionally assist defendants in establishing their innocence and potentially lead to case dismissal or dropped charges.
Prosecutor: The prosecutor is the attorney for the State of Minnesota that is responsible for carrying out the legal action against a defendant.
Prostitution: Prostitution involves engaging in sexual acts in exchange for money or other forms of compensation. It is considered illegal, and both individuals who engage in prostitution and those who solicit the services of a prostitute can be charged with a sex crime. Underage prostitution is frequently known as Sex trafficking in Minnesota and is a felony.
Patient:”Patient" means a person who seeks or obtains psychotherapeutic services.
Psychotherapist: "Psychotherapist" means a person who is or purports to be a physician, psychologist, nurse, physician assistant, chemical dependency counselor, social worker, marriage and family therapist, licensed professional counselor, or other mental health service provider; or any other person, whether or not licensed by the state, who performs or purports to perform psychotherapy.
Psychotherapy: "Psychotherapy" means the professional treatment, assessment, or counseling of a mental or emotional illness, symptom, or condition.
Position of Authority: "Current or recent position of authority" includes but is not limited to any person who is a parent or acting in the place of a parent and charged with or assumes any of a parent's rights, duties or responsibilities to a child, or a person who is charged with or assumes any duty or responsibility for the health, welfare, or supervision of a child, either independently or through another, no matter how brief, at the time of or within 120 days immediately preceding the act. This includes a psychotherapist.
Remember, sex crimes frequently come with a sexual predator registration, some for life. Contact an experienced sexual assault defense attorney.
Registerable Offense: Almost all criminal sexual conduct charges come with a registration requirement. This also applies to other cases in eluding certain prostitution and pornography charges, to name a few. Registration requirements range from 10 years to a lifetime.
Revenge Pornography: Revenge Porn is the release of identifiable pictures or videos of another’s intimate parts without their consent and they had a reasonable expectation of privacy.
Rohypnol: Rohypnol is an illegal drug often used in date rape cases and is also known as “roofies. It is frequently known as a date-rape drug.
Sex Crime: A sex crime involves any criminal activity that revolves around sexual behavior, including rape, molestation, sexual assault, and sexual abuse. However, it may apply apply to child pornography, child solicitation, sex trafficking and more.
Sex Crime Registration: See Sex Offender Registration
Sex Offender Registration: In many sex crimes in Minnesota, the person is required to register as a predatory offender. What makes it particularly difficult is that these people may also have to register even if they are fond not guilty so long as they are found guilty of lesser crimes. The ramifications of registration can be truly horrifying including jobs, careers, education, housing, and more.
Sex Trafficking: Sex trafficking is the sale of a person for sex or sexual acts. Sex traffickers may be family members, friends, recent acquaintances, or “boyfriends/girlfriends”of the person who is trafficked. This can apply to either adults or children.
Sexting: Sexting refers to a form of sexual activity involving the exchange of explicit pictures, text, or video messages, often including pornographic content. It is crucial to note that engaging in sexting, particularly involving minors, can have legal consequences. This is true even if it is between minors.
Sexual Assault: An extremely broad term that applies to any crime involving sexual activity. This may include threats or actual harm. However, it could include coercion, sexual assault of those underage and those under the influence.
Significant relationship: "Significant relationship" means a situation in which the actor is:
(1) the complainant's parent, stepparent, or guardian;
(2) any of the following persons related to the complainant by blood, marriage, or adoption: brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent, great-grandparent, great-uncle, great-aunt;
(3) an adult who jointly resides intermittently or regularly in the same dwelling as the complainant and who is not the complainant's spouse; or
(4) an adult who is or was involved in a significant romantic or sexual relationship with the parent of a complainant.
Solicitation: To entice a person to commit a sexual act. Can be used to refer to attempts to hire a prostitute, a minor, or engage in other illegal sexual conduct. Solicitaition of a minor is a felony and also a registrable offense.
Statutory Rape: Statutory rape usually refers to “consensual” sexual activity involving a minor. Charges of statutory rape can come when one person is below the age of consent and the person charged is a certain number of months older. The issue here is that the a child under the age of 16 is “legally” incapable of providing consent.
Therapeutic deception: "Therapeutic deception" means a representation by a psychotherapist that sexual contact or sexual penetration by the psychotherapist is consistent with or part of the patient's treatment.
Underage Prostitution: Underage prostitution applies to those under the age of 18 and is frequently known as Sex trafficking in Minnesota and is a felony. See Prostitution for more.
“Knowledge is power. These terms are only a starting point. Consult with an experienced Minnesota Criminal Defense Attorney.”
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