Overview of Criminal Sexual Conduct Crimes

HOUSE RESEARCH

Short Subjects

Jeff Diebel Updated: July 2010

What is “criminal

sexual conduct?”

Minnesota law classifies the crime of criminal sexual conduct into five categories:

first- through fifth-degree criminal sexual conduct, with first-degree carrying the

most severe penalties and fifth-degree the least. Minn. Stat. §§ 609.342 to

609.3451. Generally speaking, the first-degree and third-degree crimes apply to

sexual conduct involving sexual penetration of the victim; the second-, fourth-,

and fifth-degree crimes apply to sexual conduct involving sexual contact with the

victim without sexual penetration.

Criminal sexual conduct in the first and second degree typically apply to conduct

involving personal injury to the victim; the use or threatened use of force, violence,

or a dangerous weapon; or victims who are extremely young. Criminal sexual

conduct in the third, fourth, and fifth degree typically address less aggravated

conduct and apply to other situations in which the victim either did not consent to

the sexual conduct, was relatively young, or was incapable of voluntarily

consenting to the sexual conduct due to a particular vulnerability or due to the

special relationship between the offender and the victim.

Penalties Applying to Criminal Sexual Conduct

Nameofcrime

Type of activity

Maximum penalty

provided by statute

Presumptive Sentencing Guidelines Sex Offender

Grid sentence (no criminal history)

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.

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.

degree

criminal sexual

conduct

Sexual penetration 15 years; $30,000 fine 48 months in prison; 36 months stayed sentence for

“statutory rape”*

degree

criminal sexual

conduct

Sexual contact 10 years; $20,000 fine 24 months stayed sentence; 18 months stayed sentence

for “statutory rape”*

degree

criminal sexual

conduct

Sexual contact;

certain lewd

conduct

1 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 defined or otherwise used in statute.

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What other

mandatory

sentencing

provisions apply?

Convicted predatory offenders also are subject to certain mandatory sentencing

laws that are designed to minimize their recidivism risk.

Repeat or Violent Predatory Offenders. Certain dangerous sex offenders may

be sentenced to life-without-release or indeterminate life sentences if aggravating

factors are found. Such factors include conviction of certain clauses of first- or

second-degree criminal sexual conduct involving force or violence, the existence

of heinous elements, and previous sex offense convictions.

Minimum Conditional Release Term. If a court sentences a felony-level sex

offender to prison, the court must also sentence the offender to serve a minimum

period of “conditional release” after release from prison. The mandatory

conditional release period is ten years, except for offenders who were sentenced to

indeterminate life sentences due to aggravating factors and certain repeat

offenders, who are both subject to lifetime conditional release.

Mandatory Predatory Offender Assessment and Treatment. The court must

order a predatory offender treatment assessment for any person convicted of

criminal sexual conduct (any degree), surreptitious intrusion, obscene phone calls,

or indecent exposure. The court may waive the assessment if the offender is

eligible for a presumptive prison sentence or has already been assessed. If the

assessment indicates the offender is in need of and amenable to treatment, the court

must order the offender to undergo treatment if it places the offender on probation.

What other laws are

predatory offenders

subject to?

Predatory offenders are subject to a number of laws. The purpose of these laws is

to aid law enforcement in detecting crime and furthering public safety.

DNA Analysis. The court must order persons convicted of or adjudicated

delinquent for a sex offense to provide a biological sample for DNA analysis,

unless the offender has already done so. This requirement also applies to persons

convicted of other violent crimes listed in the law. If an individual was not ordered

to provide this specimen at the time of sentencing, the offender must provide the

specimen before release.

Predatory Offender Registration. The Predatory Offender Registration (POR)

law is a system under which an individual convicted of predatory offenses (i.e., sex

offenses) is required to register with the Bureau of Criminal Apprehension (BCA)

for a period of time, usually ten years. The law applies both to adults and

juveniles.

Community Notification. The Community Notification law requires assignment

of a risk level to predatory offenders (i.e., sex offenders) who are released from

prison and required to register under the Predatory Offender Registration law.

Based upon the offender’s risk level, law enforcement must share certain

information and may share other information about the offender with certain

individuals and entities in the area where the offender lives, works, or attends

school.

For more information: Contact legislative analyst Jeff Diebel at 651-296-5041.