Minneapolis and St. Paul Sex Crime Lawyer
Being investigated, accused, or charged with a sex crime offense in Minnesota is nothing less than devastating and carries with it the possibility of lifelong ramifications. Brent S. Schafer, a former prosecutor and experienced Minneapolis and St. Paul Criminal Defense Attorney, has been successfully defending clients accused of these types of offenses for years. Brent has been named a Minnesota Super Lawyer and a Minnesota Attorney of the Year in 2010. He was also presented the "Never Forgotten Award" by the Minnesota Innocence Project. Brent earned these awards through working hard for each of his clients.
If you or your loved one has been charged with any Degree of Criminal Sexual Conduct , call Brent S. Schafer at 612-940-0129 or Toll Free at 1-877-880-9900. He can help you today. Call now for a free consultation!
Minnesota has dozens of ways you can be charge with a sex crime:
- FIRST DEGREE CRIMINAL SEXUAL CONDUCT
- SECOND DEGREE CRIMINAL SEXUAL CONDUCT
- THIRD DEGREE CRIMINAL SEXUAL CONDUCT
- FOURTH DEGREE CRIMNIAL SEXUAL CONDUCT
- FIFTH DEGREE CRIMINAL SEXUAL CONDUCT
Just being accused of criminal sexual conduct is enough to spin your entire life into turmoil. People are arrested on as little evidence as an uncorroborated statement from an alleged victim. The case merely becomes a “he said, she said,” with a potential prison sentence at stake. It seems extremely harsh, but the law provides for this to happen.
It is important that you understand how critical the proper Minnesota criminal defense attorney is when your rights and your life need defending. Contact Brent now for a free consultation to discuss your case. Criminal Sexual Conduct cases are often investigated over a period of time. The police are immediately working on building a case. You also need to be immediately working on defending yourself!! Witnesses need to be interviewed and evidence gathered in order to protect your rights and guarantee a fair trial.
Our consultation is free. Contact Schafer Law Firm and Brent S. Schafer at 612-940-0129 or toll free at 877-880-9900. I can help you today. Call now for a free consultation!
Every criminal sexual conduct charge is very serious. A prison sentence and registration of as a sex offender are only two horrifying consequences of such a conviction. The simple allegation can ruin a reputation, a marriage and cause loss of employment. Facing this type of charge is emotionally and physically draining. This is the time when giving up is not an option. You need experienced and aggressive legal representation. Brent Schafer and the Schafer Law Firm have achieved acquittals, dismissals and reduced charges and sentences for clients charged with criminal sexual conduct charges.
Brent S. Schafer is a former county attorney and has practiced criminal law for over 17 years. He has represented clients in 58 of Minnesota's 82 counties. There is no distance to great or criminal charge too petty to undertake. He is willing to speak with you 7 days a week, 24 hours a day if necessary. They accept all major credit cards. You will find our fees to be reasonable and competitive with other quality criminal defense firms in the area.
Have you been accused or convicted of a sex crime in Minnesota? If so, contact our experienced Minnesota Sex Crime Lawyer today! Brent Schafer practices in the following: Hennepin County, Ramsey County, Washington County, Dakota County, Scott County, Anoka County, Isanti County, Pine County, Chisago County, Goodhue County, Winona County, Wabasha County, Rice County, Houston County, Olmsted County, Fillmore County, Mower County, Freeborn County, Martin County, Jackson County, Nobles County, Rock County, Pipestone County, Murray County, Cottonwood County, Dodge County, Steele County, Waseca County, Blue Earth County, Brown County, Redwood County, Nicollet County, Lyon County, Lincoln County, Yellow Medicine County, Renville County, Lac Qui Parle, Chippewa County, McLeod County, Carver County, Wright County, Meeker County, Kandiyohi County, Sherburne County, Benton County, Sterns County, Pope County, Douglas County, Grant County, Stevens County, Swift County, Big Stone County, Traverse County, Wilkin County, Otter Tail County Todd County, Morrison County, Mille Lacs County, Carlton County, Aitkin County, Crow Wing County, Sibley County, Wadena County, Cass County Hubbard County, Becker County, Clay County, Norman County, Cook County, Lake County, St. Louis, Itasca County, Koochiching County, Beltrami County, Lake of the Woods County, Mahnomen County, Roseau County, Kittson County, MArshall County, Polk County, Pennington County, Red Lake County, Kanabec County and Faribault County.
§609.342 CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.
Subdivision 1.Crime defined.
A person who engages in sexual penetration with another person, or in sexual contact with a person under 13 years of age as defined in section 609.341, subdivision 11, paragraph (c), is guilty of criminal sexual conduct in the first degree if any of the following circumstances exists:
(a) the complainant is under 13 years of age and the actor is more than 36 months older than the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;
(b) the complainant is at least 13 years of age but less than 16 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;
(c) circumstances existing at the time of the act cause the complainant to have a reasonable fear of imminent great bodily harm to the complainant or another;
(d) the actor is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the weapon or article to cause the complainant to submit;
(e) the actor causes personal injury to the complainant, and either of the following circumstances exist:
(i) the actor uses force or coercion to accomplish sexual penetration; or
(ii) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;
(f) the actor is aided or abetted by one or more accomplices within the meaning of section 609.05, and either of the following circumstances exists:
(i) an accomplice uses force or coercion to cause the complainant to submit; or
(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant reasonably to believe it to be a dangerous weapon and uses or threatens to use the weapon or article to cause the complainant to submit;
(g) the actor has a significant relationship to the complainant and the complainant was under 16 years of age at the time of the sexual penetration. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; or
(h) the actor has a significant relationship to the complainant, the complainant was under 16 years of age at the time of the sexual penetration, and:
(i) the actor or an accomplice used force or coercion to accomplish the penetration;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended period of time.
Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense.
Subd. 2.Penalty.
(a) Except as otherwise provided in section 609.3455; or Minnesota Statutes 2004, section 609.109, a person convicted under subdivision 1 may be sentenced to imprisonment for not more than 30 years or to a payment of a fine of not more than $40,000, or both.
(b) Unless a longer mandatory minimum sentence is otherwise required by law or the Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall presume that an executed sentence of 144 months must be imposed on an offender convicted of violating this section. Sentencing a person in a manner other than that described in this paragraph is a departure from the Sentencing Guidelines.
(c) A person convicted under this section is also subject to conditional release under section 609.3455.
§609.343 CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE.
Subdivision 1.Crime defined.
A person who engages in sexual contact with another person is guilty of criminal sexual conduct in the second degree if any of the following circumstances exists:
(a) the complainant is under 13 years of age and the actor is more than 36 months older than the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense. In a prosecution under this clause, the state is not required to prove that the sexual contact was coerced;
(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;
(c) circumstances existing at the time of the act cause the complainant to have a reasonable fear of imminent great bodily harm to the complainant or another;
(d) the actor is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the dangerous weapon to cause the complainant to submit;
(e) the actor causes personal injury to the complainant, and either of the following circumstances exist:
(i) the actor uses force or coercion to accomplish the sexual contact; or
(ii) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;
(f) the actor is aided or abetted by one or more accomplices within the meaning of section 609.05, and either of the following circumstances exists:
(i) an accomplice uses force or coercion to cause the complainant to submit; or
(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the weapon or article to cause the complainant to submit;
(g) the actor has a significant relationship to the complainant and the complainant was under 16 years of age at the time of the sexual contact. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; or
(h) the actor has a significant relationship to the complainant, the complainant was under 16 years of age at the time of the sexual contact, and:
(i) the actor or an accomplice used force or coercion to accomplish the contact;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended period of time.
Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense.
Subd. 2.Penalty.
(a) Except as otherwise provided in section 609.3455; or Minnesota Statutes 2004, section 609.109, a person convicted under subdivision 1 may be sentenced to imprisonment for not more than 25 years or to a payment of a fine of not more than $35,000, or both.
(b) Unless a longer mandatory minimum sentence is otherwise required by law or the Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall presume that an executed sentence of 90 months must be imposed on an offender convicted of violating subdivision 1, clause (c), (d), (e), (f), or (h). Sentencing a person in a manner other than that described in this paragraph is a departure from the Sentencing Guidelines.
(c) A person convicted under this section is also subject to conditional release under section 609.3455.
Subd. 3.Stay.
Except when imprisonment is required under section 609.3455; or Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision 1, clause (g), the court may stay imposition or execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or the family unit; and
(b) a professional assessment indicates that the offender has been accepted by and can respond to a treatment program.
If the court stays imposition or execution of sentence, it shall include the following as conditions of probation:
(1) incarceration in a local jail or workhouse;
(2) a requirement that the offender complete a treatment program; and
(3) a requirement that the offender have no unsupervised contact with the complainant until the offender has successfully completed the treatment program unless approved by the treatment program and the supervising correctional agent.
§609.343 CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE.
Subdivision 1.Crime defined.
A person who engages in sexual contact with another person is guilty of criminal sexual conduct in the second degree if any of the following circumstances exists:
(a) the complainant is under 13 years of age and the actor is more than 36 months older than the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense. In a prosecution under this clause, the state is not required to prove that the sexual contact was coerced;
(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;
(c) circumstances existing at the time of the act cause the complainant to have a reasonable fear of imminent great bodily harm to the complainant or another;
(d) the actor is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the dangerous weapon to cause the complainant to submit;
(e) the actor causes personal injury to the complainant, and either of the following circumstances exist:
(i) the actor uses force or coercion to accomplish the sexual contact; or
(ii) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;
(f) the actor is aided or abetted by one or more accomplices within the meaning of section 609.05, and either of the following circumstances exists:
(i) an accomplice uses force or coercion to cause the complainant to submit; or
(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the weapon or article to cause the complainant to submit;
(g) the actor has a significant relationship to the complainant and the complainant was under 16 years of age at the time of the sexual contact. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; or
(h) the actor has a significant relationship to the complainant, the complainant was under 16 years of age at the time of the sexual contact, and:
(i) the actor or an accomplice used force or coercion to accomplish the contact;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended period of time.
Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense.
Subd. 2.Penalty.
(a) Except as otherwise provided in section 609.3455; or Minnesota Statutes 2004, section 609.109, a person convicted under subdivision 1 may be sentenced to imprisonment for not more than 25 years or to a payment of a fine of not more than $35,000, or both.
(b) Unless a longer mandatory minimum sentence is otherwise required by law or the Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall presume that an executed sentence of 90 months must be imposed on an offender convicted of violating subdivision 1, clause (c), (d), (e), (f), or (h). Sentencing a person in a manner other than that described in this paragraph is a departure from the Sentencing Guidelines.
(c) A person convicted under this section is also subject to conditional release under section 609.3455.
Subd. 3. Stay.
Except when imprisonment is required under section 609.3455; or Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision 1, clause (g), the court may stay imposition or execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or the family unit; and
(b) a professional assessment indicates that the offender has been accepted by and can respond to a treatment program. If the court stays imposition or execution of sentence, it shall include the following as conditions of probation:
(1) incarceration in a local jail or workhouse;
(2) a requirement that the offender complete a treatment program; and
(3) a requirement that the offender have no unsupervised contact with the complainant until the offender has successfully completed the treatment program unless approved by the treatment program and the supervising correctional agent.
§609.345 CRIMINAL SEXUAL CONDUCT IN THE FOURTH DEGREE.
Subdivision 1.Crime defined.
A person who engages in sexual contact with another person is guilty of criminal sexual conduct in the fourth degree if any of the following circumstances exists:
(a) the complainant is under 13 years of age and the actor is no more than 36 months older than the complainant. Neither mistake as to the complainant's age or consent to the act by the complainant is a defense. In a prosecution under this clause, the state is not required to prove that the sexual contact was coerced;
(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 48 months older than the complainant or in a position of authority over the complainant. Consent by the complainant to the act is not a defense. In any such case, if the actor is no more than 120 months older than the complainant, it shall be an affirmative defense which must be proved by a preponderance of the evidence that the actor reasonably believes the complainant to be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not be a defense;
(c) the actor uses force or coercion to accomplish the sexual contact;
(d) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;
(e) the complainant is at least 16 but less than 18 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;
(f) the actor has a significant relationship to the complainant and the complainant was at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;
(g) the actor has a significant relationship to the complainant, the complainant was at least 16 but under 18 years of age at the time of the sexual contact, and:
(i) the actor or an accomplice used force or coercion to accomplish the contact;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended period of time.
Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;
(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist and the sexual contact occurred:
(i) during the psychotherapy session; or
(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship exists. Consent by the complainant is not a defense;
(i) the actor is a psychotherapist and the complainant is a former patient of the psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
(j) the actor is a psychotherapist and the complainant is a patient or former patient and the sexual contact occurred by means of therapeutic deception. Consent by the complainant is not a defense;
(k) the actor accomplishes the sexual contact by means of deception or false representation that the contact is for a bona fide medical purpose. Consent by the complainant is not a defense;
(l) the actor is or purports to be a member of the clergy, the complainant is not married to the actor, and:
(i) the sexual contact occurred during the course of a meeting in which the complainant sought or received religious or spiritual advice, aid, or comfort from the actor in private; or
(ii) the sexual contact occurred during a period of time in which the complainant was meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice, aid, or comfort in private. Consent by the complainant is not a defense;
(m) the actor is an employee, independent contractor, or volunteer of a state, county, city, or privately operated adult or juvenile correctional system, or secure treatment facility, or treatment facility providing services to clients civilly committed as mentally ill and dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but not limited to, jails, prisons, detention centers, or work release facilities, and the complainant is a resident of a facility or under supervision of the correctional system. Consent by the complainant is not a defense;
(n) the actor provides or is an agent of an entity that provides special transportation service, the complainant used the special transportation service, the complainant is not married to the actor, and the sexual contact occurred during or immediately before or after the actor transported the complainant. Consent by the complainant is not a defense; or
(o) the actor performs massage or other bodywork for hire, the complainant was a user of one of those services, and nonconsensual sexual contact occurred during or immediately before or after the actor performed or was hired to perform one of those services for the complainant.
Subd. 2.Penalty.
Except as otherwise provided in section 609.3455, a person convicted under subdivision 1 may be sentenced to imprisonment for not more than ten years or to a payment of a fine of not more than $20,000, or both. A person convicted under this section is also subject to conditional release under section 609.3455.
Subd. 3.Stay.
Except when imprisonment is required under section 609.3455; or Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision 1, clause (f), the court may stay imposition or execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or the family unit; and
(b) a professional assessment indicates that the offender has been accepted by and can respond to a treatment program. If the court stays imposition or execution of sentence, it shall include the following as conditions of probation:
(1) incarceration in a local jail or workhouse;
(2) a requirement that the offender complete a treatment program; and
(3) a requirement that the offender have no unsupervised contact with the complainant until the offender has successfully completed the treatment program unless approved by the treatment program and the supervising correctional agent.
§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) and (iv), but does not include the intentional touching of the clothing covering the immediate area of the buttocks. 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.Penalty.
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 person is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the person violates subdivision 1, clause (2), after having been previously convicted of or adjudicated delinquent for violating subdivision 1, clause (2); section 617.23, subdivision 2, clause (1); or a statute from another state in conformity with subdivision 1, clause (2), or section 617.23, subdivision 2, clause (1).