Sexual Offenses Can be Considered Violent Crimes
2 years ago by Brian
Criminal sexual conduct can involve violence and it can be considered a violent crime in Minnesota. Always have the best possible defense help from a Woodbury, MN, violent crimes attorney if you face this type of criminal charge.
Some sex offenses do not involve contacts with others, such as possession of child pornography or indecent exposure. While still serious, these offenses do not fall under the category of “violent crimes.” On the other hand, some sexual offenses inherently involve force against another person, and these can have heightened consequences because they are considered to be violent offenses.
If you are charged with a sex offense that involves force or violence, you are in a serious position. You want the help of an experienced Woodbury, MN violent crimes attorney immediately.
Criminal Sexual Conduct in Minnesota
Minnesota law refers to crimes such as rape and sexual assault as “criminal sexual conduct.” This offense involves sexual contact without the consent of the other individual, which means the offenses involve force or violence against another person. There are different types of criminal sexual conduct charges in Minnesota:
Fifth-degree – This charge involves engaging in non-consensual sexual conduct, which can include trying to forcefully remove a victim’s clothing. A conviction can lead to one year in jail or up to seven years with a prior sex conviction.
Fourth-degree – This charge can result from engaging in forced sexual conduct without penetration or engaging in sexual conduct without penetration with a victim who:
- Is younger than 13, and the offender is less than three years older
- Is 13 to 15, and the offender is two to ten years older
- Is 16 or 17 and related to the offender
- Is physically or mentally incapacitated and unable to consent
- Is in a position where the offender is in a position of trust, such as a teacher, physician, or therapist
The penalty can involve up to ten years in prison.
Third-degree – This charge applies to the same set of circumstances as fourth-degree criminal sexual conduct, though the sexual conduct involves penetration of some kind. The possible penalties include up to 15 years in prison.
Second-degree – This charge can be issued when an offender engages in sexual conduct, including touching a victim’s private parts (even over clothing), and the victim is:
- Under 13 years old and the offender is three years older
- Between 13 and 15 and the offender is four years older and in a position of authority
- In imminent fear of harm from the offender
- Is mentally or physically incapacitated
This charge also applies if the offender had a weapon, caused injury to the victim, or was aided by one or more other individuals. The maximum penalty is 25 years in prison.
First-degree – The most serious criminal sexual conduct charge applies to the above circumstances for second-degree, but when the sexual conduct involves penetration. The maximum sentence is 30 years in prison with a minimum sentence of 12 years.
Do Not Wait to Contact a Woodbury, MN Violent Crimes Lawyer
The penalties for violent sex crimes can be harsh, and you want to have a Woodbury, MN, violent crimes defense attorney from J.S. Defense, PA, handling your case. Please call (651) 968-9652 or contact us online right away if you have been accused.