What is Second Degree Criminal Sexual Conduct?
It is a FELONY. A person is guilty of this level if the following is admitted or proven beyond a reasonable doubt:
Adult complaining witness: the actor engaged in sexual contact and one or more of the following circumstances exist:
b. The complaining witness was mentally or physically helpless and the actor knew it at the time;
Child complaining witness: the actor engaged in sexual contact with anyone under 18 and one or more of the following circumstances exist:
b. The complaining witness was mentally or physically helpless and the actor knew it at the time;
c. The complainant was under age 14 and the actor was more than 36 months older. In a prosecution under this clause, the state is not required to prove that the sexual contact was coerced;
d.The complainant was at least age 14 but less than age 16 and the actor was more than 36 months older and in a position of authority over the complainant;
e. The complainant was under age 16 and the actor had a significant relationship to the complainant;
f. The complainant was under age 16, the actor had a significant relationship to the complainant and
- The actor used force or coercion to accomplish the contact
- The complainant suffered personal injury or
- The sexual abuse involved multiple acts committed over an extended period of time.
Once again, mistake of age or consent are not defenses to these offenses. The penalties presume a prison sentence of 90 months upon conviction, and can only be stayed under narrow conditions. Conviction for this offense requires predatory registration.
If you want to read the MN Statute outlining this offense, you can review it here.
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Do I need a lawyer if I’m charged with a sex crime?
YES! Accusations of criminal sexual conduct can have immediate consequences, such as the separation of family members or the loss of employment. Convictions for the same can have far reaching collateral consequences for the rest of a person’s life, including loss of housing or licensures, social isolation, and financial hardship. To adequately defend these charges, a defendant needs a lawyer with experience.
When Catherine represents people charged with sex crimes, she talks to them about what happened from their perspective and puts together a defense strategy that often involves talking to witnesses, gathering social media evidence, and making special motions in court.
She understands that accusations of rape, solicitation, or any other sex crime can ruin someone’s life and she’s committed to helping people fight the charges. She has won serious criminal sexual conduct trials, gotten charges dismissed, and kept people out of prison.
She knows how to work a case, and will help resolve the matter in the best interests of the client. Not every case ends up in trial, and Catherine is just as committed to negotiating a resolution that works for the client as she is to winning in front of a jury. Every situation is different and requires a unique approach. She will customize a defense that works for every client.
Catherine is an experienced criminal defense lawyer that defends against all criminal sexual conduct, solicitation, child pornography, and other sex crimes in state and federal court. If you or someone you love has been accused of a sex crime, Catherine can help. Call for a free consultation.