Criminal Sexual Conduct/Sex Crimes Charges

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Providing Legal Representation in Minnesota since 2005

Halberg Criminal Defense represents individuals accused of criminal sexual conduct (CSC). Minnesota’s Criminal Sexual Conduct statutes are broken down by degrees, ranging from First to Fifth. First degree CSC is a felony and the most serious charge; Fifth Degree, while very still serious, carries the least severe penalty. Criminal Sexual Conduct laws are extremely complicated and nuanced. The degree charged will depend on whether the allegation is for sexual contact or sexual penetration, what the relationship between the parties is, how the conduct was accomplished, the mental state of the alleged victim, and the age of the alleged victim. A non-exclusive list of examples of CSC as broken down by degree are:

Fifth Degree. Nonconsensual penetration, nonconsensual sexual contact, or lewd exhibition of the genitals in the presence of a child.

Fourth Degree. Where the alleged victim is an adult, Fourth Degree Criminal Sexual Conduct involves sexual contact against a person who is mentally impaired or physically helpless (this can be a disability, or when the alleged victim is sleeping or unconscious), sexual contact that is accomplished by force or coercion, or sexual contact where the actor is in a prohibited occupational relationship. These relationships are typically when a person is in a caregiving or authority role, clergy, therapist, or medical professional. Where the alleged victim is under 18, this offense can involve sexual contact where the minor is under 14 and the age difference is 3 years or less. It can also involve sexual contact with an older minor if it is accomplished with force or coercion, the minor is mentally impaired or physically helpless, the actor is in a position of authority or has a prohibited occupational relationship, or when the actor is in a significant relationship and the sexual contact occurs multiple times over an extended period of time.

Third Degree. When committed against an adult, third degree CSC involves sexual penetration that is alleged with a person who is mentally impaired or physically helpless, accomplished with force or coercion, or penetration where the actor is in a prohibited occupational relationship. Where the alleged victim is under 18, what constitutes a crime under this degree depends on the age of the minor. Where the minor is under 14, Third Degree CSC would be charged where the allegation is sexual penetration and the actor is no more than three years older than the alleged victim. For minors of any age, this degree would be charged where force or coercion is used to accomplish the penetration, where there was a significant relationship and the penetration occurred multiple times over an extended period, or there was a prohibited occupational relationship.

Second Degree. For both adults and minor victims, Second Degree CSC involves sexual contact where the actor is armed with a dangerous weapon, uses threats, makes the alleged victim fear immanent great bodily harm, uses force or coercion and causes personal injury, or has an accomplice to aid in the commission of the offense. As it relates to minors, whether the conduct falls under Second Degree CSC depends on the age of the alleged victim; for instance, a person can be charged with Second Degree CSC for any sexual contact with a person under 14 where the actor is more than three years older. Where the minor is 14-16, sexual contact is prohibited where the actor is in a position of authority over the minor or there was a significant relationship with the minor.

First Degree. This is the most serious charge of Criminal Sexual Conduct. For both adults and minor victims, First Degree CSC involves sexual penetration where the actor is armed with a dangerous weapon, uses threats, makes the alleged victim fear immanent great bodily harm, uses force or coercion and causes personal injury, or has an accomplice to aid in the commission of the offense. As it relates to minors, whether conduct is a First Degree depends on age. Penetration against any minor victim under the age of 14 will be charged as a First Degree, regardless of whether there was force, coercion, a weapon, or injury. Penetration of a minor who is between 14-16 will be charged as a First Degree when the actor is in a position of authority over the minor. When there is a significant relationship between the actor and the minor, the cutoff age for a First Degree CSC is 16.

Often times, these charges carry a stigma, and it can be difficult to find an attorney who will provide a strong criminal defense against the charges. Not only is there a possibility of a heavy prison sentence, but these offenses generally require predatory offender registration for ten years or life.

Our firm is one of the top Minnesota firms able to help you when facing these charges. At Halberg Criminal Defense, we believe all are entitled to a vigorous defense, and we offer skilled services to our clients, including those who have been charged with crimes involving criminal sexual conduct.

As an accusation of criminal sexual conduct can be devastating to your personal and professional life, it is important to have an experienced Minnesota lawyer that understands the scope of the accusation, can navigate this complex and ever-changing area of criminal law, and is prepared to zealously defend you against the criminal charges you face.

Our Minnesota Criminal Sexual Conduct Attorneys are here to defend your case.

Those accused of criminal sexual conduct can often be treated with contempt and harshness in the judicial system. You may end up thinking that the cards are stacked against you. One way to level the playing field is by finding the right Minnesota defense team with the resources and knowledge to mount a strong defense. With a team of experienced and proactive attorneys willing to help you understand what you are facing and work with you throughout the legal process, our firm can give you a fighting chance.

With lengthy experience in a myriad of areas of criminal law, Halberg Criminal Defense provides you with top-notch attorneys. While working with our firm, you will have an attorney by your side who has a background in diligently defending sex crimes. Our group of highly successful Minnesota criminal defense attorneys provides you with the best legal resources possible. Every nuance of your case will get all the attention is needs and deserves.

If you are passive or embarrassed about your legal defense in attempts to clear your name, it can be the biggest mistake. Be proactive in finding the best defense attorney in Minnesota to fit your charges and your expectations. Let us help you take charge of your defense from day one. Contacting Halberg Criminal Defense immediately is the first step.

Possession of Pornographic Work Involving Minors (a.k.a. Child Pornography) is different than Criminal Sexual Conduct under Minnesota law. Click here: Child Pornography, for information for information about crimes involving child pornography.

To find out more about how our firm can help, go to: http://halbergdefense.com/arrested.html.