Criminal Sexual Conduct

If you or a family member have been charged with criminal sexual conduct it is essential that you have an experienced criminal  defense attorney with a proven track record in winning criminal sexual conduct cases. Defense attorney Jeff Dean has that record, and he is widely regarded as one of the most respected and successful attorneys in this area of the law. Jeff has won criminal sexual conduct cases of every type, and he has represented clients in sexual misconduct cases in counties throughout Minnesota. Jeff has persuaded courts to strike down laws as unconstitutional, he has won precedent setting cases, and Judges have commended Jeff for his wins and ingenuity. A Hennepin County Judge congratulated Jeff for setting a record in his win in a criminal sexual conduct case.

Jeff Dean’s distinguished record in handling criminal sexual conduct cases includes:

• DISMISSALS in cases alleging non-consensual sexual contact;
• DISMISSALS or NOT GUILTY verdicts in criminal sexual conduct cases of every kind (criminal sexual conduct in the first degree, second, third, fourth, and fifth degree);
• DISMISSALS of charges in criminal sexual conduct cases alleging sexual contact with a mentally impaired person;
• NOT GUILTY verdicts in “date rape” case;
• Stay of adjudication – NO CONVICTION – in case alleging sexual contact with a person who is asleep;
• DISMISSALS of charges alleging sexual contact with a minor;
• NOT GUILTY verdicts in case alleging sexual contact with a minor.
• DISMISSALS of charges alleging solicitation of children to engage in sexual conduct.

To protect your future, call Jeff Dean today: (612) 305-4360.

Criminal Sexual Conduct Information

Criminal sexual conduct in Minnesota is divided into five different classifications, ranging from First Degree through Fifth Degree Sexual Conduct. The act itself determines the charge, and these are as follows:

First Degree Criminal Sexual Conduct

This charge is the most serious sexual conduct charge and is applied when there is an allegation of sexual penetration under the following circumstances:

• the child is under 13 years old, or is between 13 and 16 and the accused is in a “position of authority”;
• the accused uses a threat of imminent great bodily harm, or causes personal injury while using force, or while knowing the complainant is mentally impaired or physically helpless (“physically helpless” has been defined as being asleep);
• the defendant has a significant relationship to the child and he or she was under 16 years of age at the time of the act

Penalties include up to 30 years in prison and a fine up to $40,000.

Second Degree Criminal Sexual Conduct

The main difference between First and Second Degree criminal sexual conduct is that First Degree involves sexual penetration under the circumstances described above, while the Second Degree charge involves sexual contact without penetration in the above circumstances.

Penalties include up to 25 years imprisonment a fine amounting up to $35,000.

Third Degree Criminal Sexual Conduct

The third degree statute addresses situations where there is a particular relationship between the accused and the alleged victim and is based on the rationale that the alleged victim was rendered vulnerable due to his or her role in that relationship.  An accused will be charged with third degree criminal sexual conduct if he or she engages in sexual penetration with another person in the following circumstances:

• The accused is in a “position of authority” over the other person who is 16 or 17 years old. Position of authority has been defined to include a teacher;
• The defendant has a “significant relationship” to the complainant and he or she was at least 16 but under 18 at the time of the sexual act, and defendant used force or coercion, or there were multiple acts. “Significant relationship has been defined as a family member.
• The defendant is a psychotherapist and the alleged victim is a patient and the act occurred during a therapy session;
• The accused is a member of the clergy and the act happened when the complainant was seeking or receiving spiritual advice;
• The defendant is an employee of a correctional facility, jail, or secure treatment facility and the alleged victim is an inmate or patient;
• The defendant performs massage and during a session engaged in nonconsensual sexual penetration with the other person;

A person convicted may be sentenced to imprisonment for not more than 15 years or to a payment of a fine of not more than $30,000, or both.

Fourth Degree Criminal Sexual Conduct

The chief difference between Third and Fourth Degree criminal sexual conduct is that Third Degree involves sexual penetration under the circumstances described in the section above, while Fourth Degree involves sexual contact without penetration in the above circumstances.

Penalties include up to 10 years imprisonment a fine up to $20,000.

Fifth Degree Criminal Sexual Conduct

This is the least severe of criminal sexual conduct charges in Minnesota. A first conviction is a gross misdemeanor and a second or subsequent conviction would be a felony.

A person would be guilty of criminal sexual conduct in the fifth degree if the state proves that:

1. The person engaged in nonconsensual sexual contact over the clothing of the complainant’s intimate areas. Or,
2. The person engaged in masturbation or lewd exhibition of the genitals in the presence of a minor under the age of 16, knowing that the minor was present.

The penalty for a first time offense is up to a year in jail and a $3000 fine and up to five years in prison and a $10,000 fine for a felony violation.

The consequences of a criminal sexual conduct conviction are severe. Besides jail or prison and large fines, there is mandatory sex offender registration and treatment, and long periods of supervised probation with serious restrictions on your most basic liberties. Call Jeff Dean today to protect yourself against these charges.