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Criminal Sexual Conduct 2nd Degree Minnesota Sex crimes

Criminal Sexual Conduct 2nd Degree Minnesota

1 month ago by Justin M. Schiks
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If you or a family member has been charged with criminal sexual conduct in the 2nd degree in Minnesota, then it is crucial to take Criminal Defense. This Lawyer assists many clients. With decades of experience, JS efficiently Defends Minnesota.

What Is Second-Degree Criminal Sexual Conduct?

In Minnesota, second-degree criminal sexual conduct is sexual contact without penetration under circumstances when certain aggravating factors are present, including but not limited to the victim’s age, a significant relationship between the complainant and the actor, and the use of force or coercion.
Minnesota Statute 609.343 defines second-degree criminal sexual conduct as a severe felony offense. This statute specifies key factors that establish this crime, such as:

  • The victim is under the age of 13 or between 13 and 16 with a significant power imbalance.
  • Use or threat of force to compel compliance.
  • The accused holds a position of authority over the victim.

Second-degree criminal sexual conduct encompasses a wide range of circumstances, requiring an in-depth examination of each case’s unique factors. The dynamics of such cases, including the victim’s relationship with the accused, the use of coercion or threats, and specific aggravating factors, play a critical role in shaping the legal approach.
The evidence can be presented through witness testimony, forensic evidence, or documented interactions that considerably affect the strategy of the defense and the possible results of the case. In understanding these variables, there is a better way to approach the charges and ensure all options legally are considered.

Consequences of Second-Degree Criminal Sexual Conduct

The penalties for second-degree criminal sexual conduct in Minnesota are serious and life-altering. Convictions could result in the following:

  • Imprisonment for up to 25 years.
  • Fines of up to $35,000.
  • Forced registration as a sex offender seriously affects housing, employment, and reputation.

Additionally, lifetime probation or conditional release may apply, depending on the severity of the case and prior offenses.

Besides the legal effects, being labeled a sex offender entails collateral consequences. These include restrictions in living arrangements, job opportunities, and social interactions. The psychological stigma and restrictions imposed because of this status can sometimes be so hard to experience that reintegration into society with this kind of label may be emotionally overwhelming and heavy, not only for them but also for their loved ones.

Defenses and Legal Considerations

A good attorney will look at every minute detail of the case to come up with a solid defense. Common defenses include:

Consent

Consent, if valid legally, could be a defense to the allegations of sexual contact. However, consent cannot be a defense if the victim is below the age of consent or if there exists some sort of power dynamic, such as the position of the accused being one of authority.

Consent is often an issue that arises in these cases, and presenting credible evidence that supports this defense requires meticulous attention to detail and thorough preparation.

Lack of Force or Coercion

Demonstrating the absence of force or coercion can challenge the prosecution’s narrative. This may involve presenting evidence such as witness statements, text messages, or other communications that effectively dispute claims of duress, threats, or intimidation.

Without compelling evidence of coercion, the prosecution’s case may weaken significantly. Highlighting inconsistencies in the alleged victim’s statements and analyzing contradictions in testimony can be a critical aspect of creating a robust defense strategy that casts doubt on the allegations.

Mistake of Age

This means that if the accused reasonably believed that the victim was of legal age, there are defenses that can be used in most circumstances. This type of defense normally needs extensive evidence to show that a reasonable mistake in the evidence in support may be by means of documentation or witnesses.

Mistake of age is particularly relevant when the alleged victim is near the age of consent, and the misunderstanding arose due to plausible circumstances that can be verified. This type of defense is particularly complex under laws addressing criminal sexual conduct in Minnesota.

Contact a Skilled Criminal Defense Attorney

If you are facing charges associated with criminal sexual conduct 2nd degree Minnesota, the future is something that might become quite bleak. Here at JS Defense: Minnesota Criminal Defense Lawyer, we will go to great extents to ensure that your rights are protected and to pursue the most favorable results in your case. Call today at 952-945-7824 or visit us at 724 Bielenberg Drive, Ste. 140. Woodbury, MN 55125, to schedule your confidential consultation and take the first steps toward your defense.


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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Justin M. Schiks who has more than 20 years of legal experience as a personal injury attorney.

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