Being accused of criminal sexual conduct can be very devastating and can leave you confused. You may be wondering what to do next. While it may be difficult, it is important to not panic and call your Minneapolis criminal sexual conduct lawyer as soon as possible. The moment you are investigated or charged, you need your attorney to guide you through the process so that you know your rights and your options when it comes to your defense.
The Anderson Law Firm will help you make informed decisions in your case by investigating exactly what happened and building a strong defense around the facts. Having experienced, professional legal assistance by your side is going to help you achieve the best possible outcome.
Minnesota Criminal Sexual Conduct Charges
In Minnesota, Criminal sexual conduct is placed into five categories ranging from first degree through fifth degree criminal sexual conduct. First degree is the most severe charge a person can receive. The act itself determines the charge and they are as follows:
- 1st Degree – Sexual contact with a person under the age of 13, sexual penetration (rape), and the use of violence, force, or a dangerous weapon. First degree is also charged if injury was caused during the act.
- 2nd Degree – Sexual contact with a person involving force, violence, a weapon, or a threat of violence at the time the act was committed. Second degree charges may also be brought against a person if the victim is underage, did not give consent, or if a person is not able to consent.
- 3rd Degree – Sexual penetration may occur and the victim may be young, unable to consent, or unwilling to consent. The reason why this charge is not as severe as first and second degree charges is because the contact is considered aggravated rather than assault.
- 4th Degree – Sexual contact with a young victim, someone unable to consent, or someone who is vulnerable. Like 3rd degree charges, this is considered aggravated contact, but the victim does not sustain any severe harm. This charge typically applies to statutory rape cases.
- 5th Degree – Certain lewd actions and sexual contact can fall under this category. If the victim was young, not able to consent to the contact, or was vulnerable at the time the contact took place, this aggravated sexual contact charge applies. Penetration or severe injury does not occur.
Your Minneapolis criminal sexual conduct attorney will work to have the charges reduced so that the penalties are reduced. The charges could even be dismissed. If convicted, the penalties can range from 30 years in prison and a $40,000 fine for 1st degree sexual conduct to one year in jail with a fine of up to $3,000 for 4th degree criminal sexual conduct. If a person is guilty of repeated 5th degree offenses, then they can face a $10,000 fine and up to 5 years in prison.
Wisconsin Criminal Sexual Conduct Charges
There are five different categories of criminal sexual conduct in the state of Wisconsin, all of which come with serious consequences:
- First Degree Criminal Sexual Conduct
- Second Degree Criminal Sexual Conduct
- Third Degree Criminal Sexual Conduct
- Fourth Degree Criminal Sexual Conduct
- Fifth Degree Criminal Sexual Conduct
There are also additional crimes that involve conduct of a sexual nature, including the following:
- Solicitation of a minor
- Indecent exposure
- Invasion of privacy
- Possession of illegal pornography
Degrees of Criminal Sexual Conduct
First degree criminal sexual assault involves “sexual penetration” as well as one or more aggravating factors. First degree criminal sexual conduct cases can involve, but are not limited to: Penetration with a child under the age of 13, penetration occurred and a dangerous weapon is used to cause submission, penetration and personal injury occurred by use of force or coercion, penetration with a mentally impaired or physically helpless person, penetration with an individual under the age of 16 by a person in a “position of authority” or has a “significant relationship” with the minor, or other statutorily defined circumstances.
Second degree criminal sexual conduct charges follow similar guidelines as first degree criminal sexual crimes but “sexual penetration” is not needed. Instead, the statute requires only “sexual contact”.
Third degree criminal sexual conduct is also similar to first degree criminal sexual conduct where “sexual penetration” is needed. Third Degree criminal sexual conduct includes conduct with individuals between the ages of 16 to 18. Third degree criminal sexual conduct charges are also laid if the defendant is a psychotherapist and victim is a patient or the defendant is a health care professional, and the act occurs by means of false representation that it is for a bona fide medical purpose.
Fourth degree criminal sexual conduct charges may be issued in the same instances as above but when ‘sexual contact’ occurs.
Fifth degree criminal sexual conduct involves nonconsensual sexual contact with any person or engaging in masturbation or lewd exhibition of the genitals in the presence of a minor under the age of 16. Fifth degree criminal sexual conduct includes the removal or attempted removal of clothing covering intimate parts or undergarments and nonconsensual touching of the intimate parts of another, if performed with sexual or aggressive intent. Fifth degree criminal sexual conduct is a gross misdemeanor offense with a maximum sentence of up to one year in jail and a $3,000 fine.
Additional Sexual Conduct Crimes
Criminal sexual conduct refers to any type of crime involving sexual activity. This includes the lesser-non-violent sex crimes of possession of pornography, prostitution, soliciting, indecent exposure and sexual harassment. These crimes can be felonies, gross misdemeanors, or misdemeanors. Here is a list of some of the most common sex crimes:
- Child Molestation
- Child Pornography
- Indecent Exposure
- Prostitution Defense
- Sexual Assault
- Statutory Rape
Facing a Criminal Sexual Conduct Trial?
Regardless of whether you are facing criminal sexual conduct charges in the first degree or a prostitution charges, it is important you seek legal representation as soon as you are investigated, arrested, or charged. One of the biggest problems with sexual conduct cases is that the media and the general public love a good scandal and thus you may be the victim of plenty of unwanted attention long before the case concludes. It is important to remain calm throughout the legal proceeding and rely on an experienced criminal defense lawyer to handle the rest.
Contact A Minneapolis Criminal Sexual Conduct Attorney
If you have been accused of any kind of criminal sexual conduct, including rape, you need an attorney by your side from the moment that you are being investigated or charged. You deserve to have your rights defended and to receive a far outcome in your case. To learn more about how the Anderson Law Firm can build a strategic defense for you and also inform you of your rights, call 952-582-2904 for a free consultation.
DISCLAIMER: The information contained in this article does not constitute an attorney-client relationship. Please contact attorney Kirk Anderson for an initial consultation.