| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

609.344.1a(a)

Statute ID: 18385

Statute Function ID: 37660

Criminal Sexual Conduct - 3rd Degree - Penetration; Victim Under 14 Actor not >36m older

In Effect

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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 3 (110.3)

Offense Severity Level:

Function Text:

Codes for 11B and 11C decommissioned 11/01/2025.

UCR Code

Description

11A

Sex Offenses, Rape

Flags

Crime of Violence:

Yes

Targeted Misdemeanor:

Predatory Offender Registration Review:

Yes

Enhanceable:

Certify to DPS:

Report to DNR:

DPS Group:

Conditional Release:

Yes

Payable:

Petty Misdemeanor Only if Prosecutor Certifies:

Third Violation Indicator:

Qualified Domestic Violence Related:

Yes

Nonviolent Controlled Substance Offender Review:

Wildlife Restitution:

Statute Number:

609.344.1a(a)

Enactment Date:

Jun 30, 2021

Effective Date:

Sep 15, 2021

Expiration Date:

Repealed?:

Summary Text:

Criminal Sexual Conduct - 3rd Degree - Penetration; Victim Under 14 Actor not >36m older

Statute ID:

18385

Created:

Sep 8, 2021 by mnjis.legal.analyst@state.mn.us

Updated:

Sep 8, 2021 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Summary Text:

Criminal Sexual Conduct - 3rd Degree - Penetration; Victim Under 14 Actor not >36m older

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/609/344.html

Legislative Session:

2021 - Special 1

Session Law Text?:

Statute text last updated on:

Sep 8, 2021

A person who engages in sexual penetration with anyone under 18 years of age is guilty of criminal sexual conduct in the third degree if any of the following circumstances exists:

(a) the complainant is under 14 years of age and the actor is no more than 36 months older than the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant shall be a defense;

(b) the complainant is at least 14 but less than 16 years of age and the actor is more than 24 months older than the complainant. In any such case if the actor is no more than 60 months older than the complainant, it shall be an affirmative defense, which must be proved by a preponderance of the evidence, that the actor reasonably believes the complainant to be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not be a defense. Consent by the complainant is not a defense;

(d) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;

(e) the complainant is at least 16 but less than 18 years of age and the actor is more than 48 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;

(f) the actor has a significant relationship to the complainant and the complainant was at least 16 but under 18 years of age at the time of the sexual penetration. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;

(g) the actor has a significant relationship to the complainant, the complainant was at least 16 but under 18 years of age at the time of the sexual penetration, and:

(i) the actor or an accomplice used force or coercion to accomplish the penetration;

(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;

(h) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or

(i) at the time of the act, the actor is in a prohibited occupational relationship with the complainant.