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Minnesota Criminal Justice Statute Service
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609.345.1a(a)
Statute ID:
18405
Statute Function ID:
37680
Criminal Sexual Conduct - 4th Degree - Contact - Victim Under 14 -Actor Not > 36m Older
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 4 (110.4)
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:
609.345.1a(a)
Enactment Date:
Jun 30, 2021
Effective Date:
Sep 15, 2021
Expiration Date:
Repealed?:
No
Summary Text:
Criminal Sexual Conduct - 4th Degree - Contact - Victim Under 14 -Actor Not > 36m Older
Statute ID:
18405
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 - 4th Degree - Contact - Victim Under 14 -Actor Not > 36m Older
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/609/345.html
Legislative Session:
2021 - Special 1
Session Law Text?:
No
Statute text last updated on:
Sep 8, 2021
A person who engages in sexual contact with anyone under 18 years of age is guilty of criminal sexual conduct in the fourth 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 or 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; (b) 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 or in a current or recent position of authority over the complainant. Consent by the complainant to the act is not a defense. Mistake of age is not a defense unless actor is less than 60 months older. 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; (c) the actor uses coercion to accomplish the sexual contact; (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 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 contact. 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 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; (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.
