I have practiced law over 30 years. Criminal sexual conduct cases have to be the toughest.
The most common type of criminal sexual misconduct case is that involving a boyfriend sexually molesting the child of a girlfriend. This usually involves an adult male engaging in criminal sexual conduct with a child.
Criminal sexual conduct with a child, if it involves penetration, is going to be the most serious level, which in Minnesota is 1st degree criminal sexual conduct. Penetration is defined as contact with the genitalia, whether through sexual intercourse, oral sex, or touching of the skin. For a first time conviction of 1st degree criminal sexual conduct, an average sentence, a presumptive sentence, is 12 years in prison. This would be in addition to providing fingerprints, a DNA sample, undergoing a psychosexual examination, sex offender treatment, and registration as a predatory offender.
If the sexual assault involves only touching, then the crime will usually be categorized as a 2nd degree criminal sexual conduct.
Other factors that can affect at what level a sex crime will be categorized is if the offender is in a position of authority, whether the victim is impaired by drugs or alcohol or is a vulnerable adult, if the offender is a psychotherapist or a member of the clergy, and, what is the age of the child.
Another more common sex crime is indecent exposure. This usually involves a person exposing their genitals or engaging in masturbation in their vehicle in a parking lot, or, perhaps in a retail store. If the victim involves another adult, the offense is typically prosecuted at a misdemeanor level. If it involves a child, it is prosecuted as a gross misdemeanor for the first offense. If a person does it again, they will be charged with a felony.
Criminal Defense Lawyer, Lynne Torgerson, a lawyer of excellence and experience of over 30 years, can represent you or your loved one on all criminal charges, all misdemeanors, gross misdemeanors, and felonies, throughout the State of Minnesota. Ms. Torgerson also successfully handles expungements, and gun rights restoration cases, carry permit appeals, permit to purchase denials, gun purchase denials, and Second Amendment litigation. For representation please call (612) 339-5073.