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609.343.1a(c)(iii)
Statute ID:
18358
Statute Function ID:
37635
Criminal Sexual Conduct - 2nd Degree - Contact under 18; Impaired/incapacitated/helpless
In Effect
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Function Details
History
Text
Charge
Classifications
Offense Level:
Felony (F)
General Offense Code:
Person (1)
Offense Summary Code & Rank:
Criminal Sexual Conduct (L) (Rank 3)
Detailed Offense Code:
Criminal Sexual Conduct 2 (110.2)
Offense Severity Level:
Function Text:
UCR Code
Description
11D
Sex Offenses, Fondling
Flags
Crime of Violence:
Yes
Targeted Misdemeanor:
No
Predatory Offender Registration Review:
Yes
Enhanceable:
No
Certify to DPS:
No
Report to DNR:
No
DPS Group:
No
Conditional Release:
Yes
Payable:
No
Petty Misdemeanor Only if Prosecutor Certifies:
No
Third Violation Indicator:
No
Qualified Domestic Violence Related:
Yes
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
No
Statute Number:
609.343.1a(c)(iii)
Enactment Date:
Jun 30, 2021
Effective Date:
Sep 15, 2021
Expiration Date:
Repealed?:
No
Summary Text:
Criminal Sexual Conduct - 2nd Degree - Contact under 18; Impaired/incapacitated/helpless
Statute ID:
18358
Created:
Sep 7, 2021 by mnjis.legal.analyst@state.mn.us
Updated:
Sep 7, 2021 by mnjis.legal.analyst@state.mn.us
Last Update Action:
Added
Legal Analyst Comment:
Summary Text:
Criminal Sexual Conduct - 2nd Degree - Contact under 18; Impaired/incapacitated/helpless
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/609/343.html
Legislative Session:
2021 - Special 1
Session Law Text?:
No
Statute text last updated on:
Sep 7, 2021
A person who engages in sexual contact with anyone under 18 years of age is guilty of criminal sexual conduct in the second degree if any of the following circumstances exists: (a) circumstances existing at the time of the act cause the complainant to have a reasonable fear of imminent great bodily harm to the complainant or another; (b) the actor is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the dangerous weapon to cause the complainant to submit; (c) the actor causes personal injury to the complainant, and any of the following circumstances exist: (i) the actor uses coercion to accomplish the sexual contact; (ii) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or (iii) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless; (d) the actor is aided or abetted by one or more accomplices within the meaning of section 609.05, and either of the following circumstances exists: (i) the actor or an accomplice uses force or coercion to cause the complainant to submit; or (ii) the actor or an accomplice is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the weapon or article to cause the complainant to submit; (e) the complainant is under 14 years of age and the actor is more than 36 months older than the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense. In a prosecution under this clause, the state is not required to prove that the sexual contact was coerced; (f) the complainant is at least 14 but less than 16 years of age and the actor is more than 36 months older than the complainant and in a current or recent position of authority over the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; (g) the complainant was under 16 years of age at the time of the sexual contact and the actor has a significant relationship to the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; (h) the actor has a significant relationship to the complainant, the complainant was under 16 years of age at the time of the sexual contact, and: (i) the actor or an accomplice used force or coercion to accomplish the contact; (ii) the complainant suffered personal injury; or (iii) the sexual abuse involved multiple acts committed over an extended period of time. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; or (i) the actor uses force, as defined in section 609.341, subdivision 3, clause (1).
