It is incredibly important that you understand consent laws so that you do not end up facing serious criminal sexual conduct or even rape allegations in Minnesota. In today’s blog, we take a closer look at the topic of consent and a number of laws that establish who can consent to sexual activity and what potential punishments someone who violates these laws could face.
Criminal Sexual Conduct And Consent
In order to move forward with sexual contact with another individual, you must obtain their consent to do so. “Consent” means that the other individual is agreeing to the sexual contact. It’s worth noting that if you originally obtain consent but then the other party changes their mind, continuing to move forward with sexual acts would be considered criminal sexual conduct, so if consent changes, your actions need to as well.
In Minnesota, the age of consent is 16, meaning that anyone under the age of 16 is considered too young to be able to legally consent. It’s similar to how an individual under the age of 14 cannot be held criminally culpable. Even if the individual says they agree to sexual contact, if they are under 16, in the eyes of the law, they cannot legally consent. Moving forward with sexual contact with that individual would be considered a crime.
It’s also worth noting that you can still be charged with criminal sexual conduct by having sexual contact with someone over the age of 16 who consents to the act. We explain more below as we look at different degrees of criminal sexual conduct in Minnesota that relate to consent laws.
First Degree Criminal Sexual Conduct: This crime occurs when there is sexual penetration, and:
- the minor is less than thirteen years old and the older person is more than three years older; or
- the minor is at least 13 years of age but less than 16 years of age and the older person is more than two years older than the minor and in a current or recent position of authority over the minor.
Second Degree Criminal Sexual Conduct: This charge centers around sexual contact, and:
- the minor is less than thirteen years old and the actor is more than three years older; or
- the minor is at least 13 years of age, but less than 16 years of age and the actor is more than two years older than the minor and in a current or recent position of authority over the minor; or
- the actor has a significant relationship to the minor and the minor was under 16 years of age at the time of the sexual contact; or
- the actor has a significant relationship to the minor like a family friend, and the minor was under 16 years of age at the time of the sexual contact, and there was an aggravating factor, e.g. coercion was used or there was an injury inflicted on the minor.
Third Degree Criminal Sexual Conduct: This degree also involves sexual penetration, and:
- the minor is under 13 years of age and the actor is less than three years older than the minor; or
- the minor is at least 13 but less than 16 years of age and the actor is more than two years older than the minor; or
- the minor is at least 16 but less than 18 years of age and the actor is more than two years older than the minor and in a current or recent position of authority over the minor; or
- the actor has a significant relationship to the minor and the minor was at least 16 but under 18 years of age at the time of the sexual penetration; or
- the actor has a “significant relationship” to the minor, the minor was at least 16 but under 18 years of age at the time of the sexual penetration, and there was an aggravating factor (e.g. coercion was used or there was an injury inflicted on the minor).
Fourth Degree Criminal Sexual Conduct: This degree occurs when there is sexual contact, and:
- the minor is under 13 years of age and the actor is no more than three years older than the minor; or
- the minor is at least 13 but less than 16 years of age and the actor is more than two years older than the minor or in a current or recent position of authority over the minor.
Fifth Degree Criminal Sexual Conduct: This degree occurs when a 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.
Finally, it’s worth noting that an individual who is intoxicated cannot legally give consent, even if they consumed the alcohol willingly. Lawmakers closed a previous loophole that stated that felony-level charges could not be brought against an individual who had sex with a passed out individual if the victim willingly consumed the alcohol.
If you find yourself facing criminal charges over a consent issue, know that you could face major penalties and need a lawyer by your side. In these instances, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
