Minnesota Criminal Sexual Conduct Lawyer & Sexual Assault Attorney2020-05-28T23:37:42+00:00

Criminal sexual conduct cases may be the most serious type of charges that can be brought against a person

Criminal sexual conduct cases may be the most serious type of charges, and the most devastating, that may be brought against a person.  They are probably more difficult to defend than even murder charges.  These types of charges are extremely inflammatory; they inflame the emotions of the the public at large.  They involve the element of shame.  They bring fear.  They carry potentially extremely long prison sentences, such as 12 to 40 years in prison.  Additionally, if convicted, a person will likely be required to register as a predatory offender for 10 years to life, provide a DNA sample, lose gun rights for life, etc.  It is important that these types of cases are handled properly and with excellence.  Criminal Defense Attorney Lynne Torgerson, an attorney with over 29 years of experience and excellence, can represent you in these types of cases.

Types of criminal sexual conduct charges in Minnesota

In Minnesota, there are essentially five (5) different degrees of criminal sexual conduct.  There is 1st, 2nd, 3rd, 4th and 5th.  Levels 1st through 4th are all felonies.  5th degree is a gross misdemeanor.  First degree criminal sexual conduct involves “penetration,” usually meaning sexual intercourse, or the touching of genitalia.  An average sentence for a conviction is 12 years in prison, with a maximum of approximately 30 to 40 years in prison.  Second degree criminal sexual conduct generally involves improper touching.  Second degree most often involves the improper touching of children.  Third degree also involves some sort of penetration.  Fourth degree criminal sexual conduct involves generally improper touching.  Fifth degree, a gross misdemeanor, generally involves indecent exposure of some type, or fondling over clothing.  The differing ages of the defendant and victims can also change the degree of offense; for example, the crime colloquially called statutory rape.  Modernly, another factor which may change the degree of offense is what relationship the defendant had in relation to the alleged victim:  teacher, clergy, therapist, etc.

Child pornography, prostitution, and the like, are in separate categories.  Child pornography charges and the like are usually all felonies.  A prostitution charge is usually a misdemeanor.

For any charge relating to sexual misconduct, it is highly advisable to immediately retain a lawyer to aid you.  And, time is usually of the essence.

Criminal defense lawyer Lynne Torgerson, Esq. wins felony criminal sexual assault case at the United States Supreme Court

Criminal defense attorney, Lynne Torgerson, wins a criminal sexual conduct case at the United States Supreme Court. Ms. Torgerson’s client had been charged with sexual assault, 1st degree criminal sexual conduct.  The average prison term for such a case is 12 years in prison.  In an extraordinary reversal, after a several year battle, his conviction for sexual assault was vacated and the charges were dismissed.  This was in a federal habeas corpus action.  The United States District Court, District of Minnesota, reversed the decision of the Minnesota Supreme Court, holding that the Minnesota Supreme Court had come to an unreasonable conclusion of fact, and, and unreasonable determination of federal law.  In essence, the United States District Court held that not only was the Minnesota Supreme Court wrong, but that it was unreasonably wrong, and ruled in favor of Ms. Torgerson’s client.  On appeal, the  Eighth Circuit Court of Appeals again ruled in favor of Ms. Torgerson’s client.  The United States Supreme Court then also ruled in favor of Ms. Torgerson’s client.  The United States Supreme Court denied the State of Minnesota’s petition for a writ of certiorari, thus securing to Torgerson’s client his victory. This settled an approximately 2 1/2 year battle for Torgerson and her client, and will establish 6th Amendment law across the State of Minnesota and the Eighth Circuit, thus affecting thousands of cases. In Bobadilla v. Carlson, it was established that the State cannot introduce the notorious Cornerhouse videotapes, where the complainant does not testify, n a criminal sexual conduct, sex crimes case, because they are barred by the 6th Amendment to the United States Constitution’s Confrontation Clause. Defendant’s are not to be convicted by the statements of an unsworn, absent witness. Excellent result Ms. Lynne Torgerson!

Minnesota Criminal Sexual Conduct Lawyer Lynne Torgerson obtains agreement to reduce felony 2nd degree criminal sexual conduct charge to a gross misdemeanor

Ms. Torgerson’s client was charged with 2nd degree felony criminal sexual conduct out of the County of Anoka, State of Minnesota.  After lengthy representation, many court dates, and plea negotiations, Ms. Torgerson achieved success.  The Assistant County Attorney agreed to reduce the charge to a gross misdemeanor, thus eliminating any potential prison sentence, and, after a period of time with no new convictions, her client would be eligible for expungement.

Well done Ms. Torgerson!

Minnesota Criminal Defense Lawyer successfully keeps statutory rape, criminal sexual conduct charges, off client’s record

Ms. Torgerson had a case involving a teenage male charged with having sexual intercourse with another teenage female.  Some people call this the crime of statutory rape.  What some teenagers don’t realize is that this is a very serious felony, with potentially very damaging life long consequences.

In Ms. Torgerson’s recent case, the teenage male was charged with felony sexual assault, a sex crime.  In Minnesota, it is called criminal sexual conduct.  Very fortunately for her client, Ms. Torgerson worked out an agreement on behalf of her client to keep any conviction and adjudication off of her client’s record.  Her client later, down the road, her client should be able to get an expungement of the records of this case.  This will clear the path to all employment opportunities.  In this case, the agreement reached will protect Ms. Torgerson’s client’s future.  He has no conviction, no adjudication, no DNA sample requirement.  And, her client will not need to register as a predatory sex offender.  These cases are extremely delicate and must be handled properly in order to protect the future of these young men.

Juvenile Defense Lawyer Lynne Torgerson obtains dismissal of 5th degree criminal sexual conduct juvenile case in Wright County, State of Minnesota

Criminal Defense Lawyer Lynne Torgerson obtained a dismissal of a 5th degree criminal sexual conduct case out of the County of Wright, State of Minnesota.   Ms. Torgerson’s client, a juvenile of approximately 14 years old, had been charged with gross misdemeanor 5th degree criminal sexual conduct for allegedly having a sexual encounter with another child when he was approximately 11 years old.  Exercising compassion, the State allowed Ms. Torgerson’s client to go through treatment, and then the case was dismissed.  Sometimes mercy in the justice system is a good thing.  Well done Ms. Torgerson, her client and the prosecutor!

Pre-charge Investigation Representation in cases involving allegations of criminal sexual conduct

Not infrequently, my office is contacted for “pre-charge investigation” representation.  This is most common in criminal sexual conduct investigations.  Criminal sexual conduct charges are amongst the most serious types of cases.

It is important to immediately hire a good, experienced, criminal defense lawyer, if there is even an inkling of a criminal sexual conduct investigation.  A person needs to invoke their Fifth Amendment rights of the United States Constitution to remain silent and to counsel before making any statement to police authorities.  Please note, the police want to get you into the police station for a statement, before you hire counsel, so they will frequently ask you to come in “to get your side of the story” that day.  Do not go in!  Our Constitutional rights were promulgated for our benefit and protection so you need to invoke them.  And no, it does not cause greater suspicion.  To the contrary, it shows wisdom.  This constitutional protection is for the innocent and guilty alike.  Your statement could be misunderstood or misconstrued and used against you in court.  Immediately contact Criminal Defense Lawyer Lynne Torgerson (612) 339-5073 for representation!

Minnesota Criminal Sexual Conduct Lawyer Lynne Torgerson successfully avoids charges being brought in “pre-charge representation”

Ms. Torgerson’s client was contacted by police who wished to question her client about allegations of criminal sexual conduct.  Ms. Torgerson’s client immediately contacted her upon receiving a telephone call from the investigating detective.  Ms. Torgerson immediately invoked her client’s rights to remain silent and to counsel, and an interview was declined.  Our Fifth Amendment rights to remain silent under the United States Constitution were promulgated for our protection and these rights should be invoked virtually in every case.  This applies to the guilty and innocent alike.  Ms. Torgerson’s client has not been charged.  Ms. Torgerson has successfully avoided having her client charged with criminal sexual conduct.

This is significant.  Criminal sexual conduct charges are among the most serious, with sentences, upon conviction, often starting at 12 years in prison, with likely requirements of years of sex offender treatment. years of predatory offender registration requirements, DNA testing, etc.  This has been avoided.

Well done Ms. Torgerson!

If you have been contacted by police to come in for a statement, you should immediately contact a criminal sexual conduct lawyer such as Lynne Torgerson.  For representation, please call (612) 339-5073.

Minneapolis Criminal Sexual Conduct Attorney Lynne Torgerson successfully avoids criminal sexual conduct charges from being brought against her client

Ms. Torgerson’s client was a 50 something, married, father of four (4) children, teenagers and in their 20s.  A highly educated man, he was a health care provider for approximately ten (10) years.  One of his daughters had a history of mental illness, and hallucinations.  As an adult, said daughter made an allegation of criminal sexual conduct against her father, Ms. Torgerson’s client.  There may not be more serious charges that can be brought against a person.  A conviction of criminal sexual conduct can result in over a decade in prison, loss of profession, predatory offender registration from 10 years to life, DNA sample, etc.  Ms. Torgerson was retained to represent the father on a pre-formal charge basis.  Ms. Torgerson corresponded with the police department, and several Letters of Reference were submitted on behalf of the father.  No charges were ever brought any Ms. Torgerson’s client.  Well done Ms. Torgerson!

Felony sex crimes cases

For felony criminal sexual conduct offenses, a person can go to prison for many, many years, a person may be required to register as a sexual predator for 10 years to life, a DNA sample will be taken, and sex offender treatment will be required.  In addition, the ability to obtain many jobs will be eliminated, particularly those working closely with children or vulnerable adults.  This could cause serious issues for people wanting careers in nursing, teaching, bus drivers, PCA’s, etc.

Sex  crimes charges are extremely serious.  A good sexual assault lawyer needs to hired as soon as possible.  Even before charges are brought.  Sometimes, we can avoid charges being brought altogether.  A sex crime defense lawyer needs to be hired before any statements are made to law enforcement.  If a police officer contacts you and wants you to come into the station for a statement, please be advised, they are probably seeking evidence to convict YOU!  You need to hire a criminal defense lawyer, who handles sexual assault cases, before you go in and speak with the police.

Parents, your children are surrounded, in the media and music videos and the like, with images of sexual relations.  Many children end up not realizing the potential very serious nature of sexual activity, where it involves people under the age of 18.  Much of this behavior could be felonious.  Please teach your children to not have sexual relations with females under the age of 18.  If children and young adults do so, it could cause very negative life long harmful consequences.

Criminal defense lawyer Lynne Torgerson, Esq. handles cases involving allegation of sexual assault, sex crimes, rape, statutory rape, child pornography, indecent exposure, prostitution, incest, criminal sexual conduct, etc.  Ms. Torgerson has been practicing criminal defense law successfully throughout the State of Minnesota for over 26 years.  Give Lynne Torgerson, Esq., a lawyer of excellence, a call:  (612) 339-5073!

Sexual charges in Minnesota are exceedingly serious and potentially very detrimental for the personal and the professional life of the accused individual. With a sex crime accusation, the stakes are higher and the penalties are extreme. This is one reason why sexual charges tend to cause trauma and frustration to the accused individual as well as his family. These can be from 1st degree criminal sexual conduct, to indecent exposure, child molestation, child pornography, to prostitution.

Lynne Torgerson is a Minnesota sex crimes attorney of repute and she is capable of providing you with the best possible legal representation. Through innovative and strong defense, she can ensure that your defense makes the maximum positive impact. If you or any of your family members have been arrested for criminal sexual conduct, it is best to contact an experienced and reputed Minnesota sex crimes attorney as soon as possible. Remember, time is of essence in sex crimes cases, and the earlier you hire an attorney, the better for you, because the more time he/she will have to prepare for your case.

Rape Lawyer

Convictions of criminal sexual conduct tend to carry the longest prison sentences and tend to have some of the harshest and long lasting consequences.  The penalties and punishments associated with sex crimes are very harsh.  There are also instances of rape accusations against innocent people.  However, whether guilty or innocent, then you need and are entitled to legal representation, and, the assistance and expertise of an experienced Minnesota rape lawyer such as Lynne Torgerson as soon as possible.

Child Pornography Attorney

Child pornography via the internet can be associated with a number of causes.  It is good to know that the discovery of child pornography on one’s computer does not lead to automatic conviction.  A Minnesota child pornography lawyer of repute can use a number of defenses, one of which is the use of the charged person’s computer by someone else.  In addition to this, each case will certainly have some strong defenses and an experienced and qualified Minnesota child pornography attorney is bound to make good use of each and every defense opportunity.

Electronic communication with 15 year old minor

There is a new criminal law being enforced with the use of a sting operation.  The usual scenario is as follows.  The government is placing ads in “hook up” sites.  The government places the ad in a adult hook up site, with a photograph of an adult woman.  The an adult male contacts the woman for the purpose of a sexual encounter.  Shortly, the government, using a fake persona, states that they are only 15 years old.  The fake persona then pursues the adult male.  They begin texting.  Eventually, a sexual encounter is arranged.  When the adult male shows, he is charged with a felony.  This can be devastating to the adult male’s future, future employment, marital status, criminal record, etc.  The Minnesota Court of Appeals also recently held that this behavior can be charged as attempted 3rd degree criminal sexual conduct, requiring sexual offender registration if convicted.

For experienced representation for this type of charge, please call Attorney Lynne Torgerson at (612) 339-5073!

Internet Crimes Lawyer

Statistics prove that internet crimes and internet sex crimes are increasing day by day.  However, it is not necessary that every internet crime charge results in a conviction.  This is because one cannot discount the possibility of seizure and search of your computer.  In fact, there could be a very good possibility of entrapment.  A Minnesota internet crimes attorney of Lynne Torgerson’ s stature can use each and every defense to gain maximum benefits for her clients.

Indecent Exposure Attorney

Indecent exposure, lewd conduct and disorderly conduct charges often lead to high penalties which include but are not limited to imprisonment and heavy fines. In addition to this, these charges also give rise to embarrassment and stress for the individual as well as his family.

If you have been trapped in the legal snare and are looking for a way out, then call the law office of Lynne Torgerson as soon as possible. She can help you with the best support and advice. DON’T DELAY ANY FURTHER, CALL NOW!

Statutory Rape Lawyer

In spite of being a non-violent act, a statutory rape is largely associated with force and violence.  The statutory rape laws in the state of Minnesota are based on the  fact that an individual who is a minor is not mature enough to consent to a sexual relationship with an adult.

Below there are statements on statutory rape laws.  Please note that this is not legal advice, and no reliance should be taken thereon, and an attorney client relationship is not established hereby.  Further, please note that these legal statements may not currently be correct, because the laws can change daily.

Overview of the Statutory Rape Laws in the State of Minnesota

Like in many other states, the statutory rape laws in Minnesota are quite stringent. Generally speaking, the statutory rape law in Minnesota defines the age of consent as 16 years old. (This can change on a case by case basis). This implies that if an individual engages in a sexual activity with a partner who is younger than 16 years old, and if the age difference between the two individuals involved is more than 48 months, then there is a high probability of charges of statutory rape against the older individual involved in the sexual activity. Contrary to the popular belief, the charges are tough even when sexual activity took place with the mutual consent of both the partners. There can be extremely long prison sentences, with the requirement of having to register as a sex offender or a predatory offender, civil commitment, etc.

The Minnesota statutory rape laws also state that if the age difference between you and your partner is between 2 and 4 years, then the jail sentence in such a scenario should not exceed 5 years. Alternatively, if your partner’s age is between 13 and 16 years, one may be able to use the defense of the lack of knowledge of the victim’s age. Conversely, if the victim is younger than 13 years old, and if you are at least 36 months older than the victim, then the Minnesota statutory rape laws do not tolerate the defense of not knowing the victim’s age.

Statutory Rape Defense Strategies

Getting arrested on charges of statutory rape can be quite shocking and embarrassing for an individual and his entire family. It is highly recommended that one adheres to the statutory rape laws of the state, as a statutory rape crime can lead to extremely dire consequences and penalties such as costsly fines, lengthy imprisonments, DNA sample submission, registration as a sex offender, job loss, and employment problems.

There are no two ways about the fact that a statutory rape charge can have extremely devastating effects on the happiness and well-being of the entire family. In such grave and complicated situations, your first step should be to seek the services of a Minnesota statutory rape attorney with considerable qualification and expertise in handling similar cases.

Lynne. Torgerson understands and realizes that sex crimes like statutory rape have the potential to ruin the lives of individuals. With her in depth understanding and knowledge of this stream of law, she is bound to provide with unmatched support, services, and legal representation. With over 20 years of experience in defending individuals with statutory rape charges against them, she can prove to be your best choice for protecting your future and reputation.

CASE LAW UPDATE:  Are prior inconsistent statements admissible in 1st degree criminal sexual conduct conviction? 

Defendant challenged his convictions of 1st degree criminal sexual conduct and contributing to the delinquency of a child, arguing that the trial court plainly erred by admitting the victim’s out of court statements as evidence at his jury rial on the offenses, alleging they were inconsistent with the victim’s trial testimony.  Defendant did not object to the admission of those statements.  The Minnesota Court of Appeals concluded that defendant failed to establish that the trial court’s failure to exclude the challenged statements sua sponte–after he expressly agreed to their admission–was error that was clear or obvious.  Affirmed.

State v. Haddock, A18-2026, Nobles County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

CASE LAW UPDATE:  The offenses of 3rd degree criminal sexual conduct and electronic communication with a child arose from a single behavioral incident  

On appeal from final judgments of two convictions of and sentences for 3rd degree criminal sexual conduct and one conviction of electronic communication with a child, defendant argued that his conviction of 3rd degree criminal sexual conduct involving force or coercion must be reversed because the State failed to prove that he used force or coercion to accomplish sexual penetration of the victim.  Alternatively, defendant argued that if his conviction of 3rd degree criminal sexual conduct involving force or coercion is affirmed, his conviction of and sentence for age based 3rd degree criminal sexual conduct must be reversed under Minn. Stat. §609.035, because it arose out of the same behavioral incident.  Noting that the victim testified that he cooperated with defendant because he was afraid of what defendant might do if he resisted, the Minnesota Court of Appeals found the evidence sufficient to support the finding of force or coercion.  However, both offenses of criminal sexual conduct arose from a single behavioral incident.  Affirmed in part, reversed in part, and remanded.

State v. Steel, A18-1543, Hennepin County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

CASE LAW UPDATE: False imprisonment and criminal sexual conduct were not a single behavioral incident

Defendant challenged his sentence for false imprisonment, arguing that it was part of the same behavioral incident as his criminal sexual conduct offense for which the trial court convicted and sentenced him.  The Minnesota Court of Appeals concluded that a single criminal objective did not motivate defendant when he committed criminal sexual conduct against the victim and falsely imprisoned her, and that defendant therefore did not commit the offenses during a single behavioral incident.  Affirmed.

State v. Narveson, unpublished op., A19-0361, Olmsted County (Minn. Ct. App. 2019).

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

CASE LAW UPDATE:  Jury awards $11.5M verdict for sexual assaults by jailer 

In a case out of Polk County, Wisconsin, a jury awarded $11.5 million dollars for sexual assaults by a jailer against two (2) female inmates.  In a special verdict form, the jury found the sheriff’s department negligent in its supervision and training of jailer Christensen and awarded compensatory and punitive damages.

CASE LAW UPDATE:  Deliberate indifference standard 

According to the complaint, jailer Christensen engaged in a variety of sex acts with his victims after luring them into isolated areas of the jail that were outside the view of cameras and other staff.  The burden of proof for establishing liability was to prove that the county officials displayed deliberate indifference to the health and safety of the female inmates.  Plaintiffs had to show that the sheriff’s office knew of the substantial risk that was posed and that their training of their officers and their policies were inadequate.

CASE LAW UPDATE:  What is the intent requirement in predatory offender registration violations re leaving a motel? 

At issue in this case was what it means to “leave a primary address” under Minnesota’s predatory offender registration statute, which makes an offender’s knowing failure to register a felony offense.  A jury found defendant guilty of knowingly failing to register as a predatory offender when he did not register with local law enforcement authorities within 24 hours of leaving his registered primary address, a motel room.  Defendant appealed, and the Minnesota Court of Appeals affirmed

The Minnesota Supreme Court held that (1) the phrase “leaves a primary address” in the provision that requires a predatory offender to register because of a change in the offender’s primary address means that a predatory offender’s living arrangement at the primary address has ended; and (2) because subdivision 5(a) of the predatory offender registration statute, Minn. Stat. §243.155, requires a knowing violation, and the circumstances proved by the State were consistent with the reasonable inference that defendant did not know that his living arrangement at his primary address, a motel, had ended, the evidence was insufficient to support defendant’s conviction under the circumstantial evidence standard.  Reversed.

State v. Alarcon, A17-1325, Minnesota Supreme Court.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

CASE LAW UPDATE:  Common scheme or plan evidence in 3rd degree criminal sexual conduct trial  

On appeal from a conviction of attempted 3rd degree criminal sexual conduct, defendant argued that the trial court abused its discretion by permitting the State to introduce evidence of another crime that he had committed.  Noting that all three relevant aspects of the defendant’s sexual assault on another individual in the same park a month after the charged incident, time, place and modus operandi, tended to show a common scheme or plan, the Minnesota Court of Appeals concluded that the trial court did not abuse its discretion by admitting the Spreigl evidence.  Affirmed.

State v. Bogan, A18-1669, Hennepin County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

CASE LAW UPATE:  Child pornography sentence was not substantively unreasonable  

Where a defendant challenged the reasonable of his sentence in a child pornography case, the sentencing transcript showed that the sentence was grounded in the relevant statutory factors and was not substantively unreasonable, and the defendant’s inability to pay a minimum fine did not require a finding that he could not pay the special assessment.  Judgment is affirmed.

United States v. Perkins, 18-2680, appealed from the District of Minnesota, per curiam.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

CASE LAW UPDATE:  Prisoner issues with sex offender treatment remanded to trial court  

Iowa inmates brought action against the Department of Corrections claiming violation of constitutional rights by the administration of the sex offender treatment program.  The District court dismissed the case without prejudice for failure to exhaust the administrative remedies, concluding that plaintiff’s had not exhausted their post conviction remedies under Belk v. State.  The Eighth Circuit Court of Appeals reversed, concluded that it was not clear what administrative remedies may be available, and order that on remand, the plaintiffs’ claims for necessary medical care and injunctive relief must be considered.

Minter v. Bartuff, 18-2468, appealed from the Southern District of Iowa, Loken, J.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

CASE LAW UPDATE:  Right to present complete defense in failing to register as a predatory offender trial  

Defendant challenged his conviction of failing to register as a predatory offender, arguing that he was denied his right to present a complete defense and that the evidence was insufficient to support his conviction.  Noting that the trial court did not actually exclude any evidence, but that it merely sustained the objection to a question as “currently posed,” and that defense counsel was free to rephrase and continue the line of questioning to establish a basis as to why the testimony would be relevant, but it did not so so, the Minnesota Court of Appeals concluded that the trial court did not deny defendant the opportunity to present a complete defense.  Affirmed.

CASE LAW UPDATE:  Relationship evidence in 3rd degree criminal sexual conduct trial  

Following a jury trial, defendant was convicted of third degree criminal sexual conduct against his former girlfriend.  On appeal, defendant argued that the trial court abused its discretion by admitting, as relationship evidence, former girlfriend’s testimony that defendant had been convicted of a prior assault against her.  The Minnesota Court of Appeals concluded that, even if erroneous, the admission of the challenged evidence was harmless, noting that former girlfriend’s testimony was corroborated and not seriously contested.  Affirmed.

State v. Rawson, A18-0773, Isanti County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Did the trial court err in failing to give the jury a unanimous jury instruction in criminal sexual conduct jury trial? 

Defendant was convicted of 1st degree criminal sexual conduct.  On appeal, he argued that the trial court committed plain error in failing to give a jury instruction on the requirement of a unanimous verdict when there were two theories of guilty presented to the jury.  Herein however, because either theory violated the statute, although it was error, it was not plain error affecting defendant’s substantial rights for the trial court to have failed to give a unanimous jury instruction.  Affirmed.

State v. Sleen, A18-1486, St. Louis County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

CASE LAW UPDATE:  Felony dissemination of sexual images statute is unconstitutional

Defendant challenged his conviction of felony nonconsensual dissemination of private sexual images under Minnesota Statute §617.261, arguing that the statute is constitutionally overbroad and therefore facially invalid under the First Amendment to the United States Constitution.  The Minnesota Court of Appeals concluded that section 617.261 is facially overbroad in violation of the First Amendment to the United States Constitution, and the constitutional infirmity cannot be remedied through a narrowing construction or severance.  Reversed.

State v. Casillas, A19-0576, Dakota County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record.

CASE LAW UPDATE:  Prior consistent statements hearsay exception in 2nd degree criminal sexual conduct trial

Defendant appealed from his conviction of 2nd degree criminal sexual conduct.  Defendant argued that trial court erred:  (1) by admitting victim’s prior inconsistent out of court statements; and (2) denying his motion for a downward dispositional sentencing departure.  The Minnesota Court of Appeals concluded that (1) victim’s prior out of court statements were consistent with her testimony, noting that defendant’s statements that he “didn’t mean to do that to you” and that he “didn’t want to go to jail” were reasonably consistent because they were another admission of guilt similar to others.  Affirmed.

State v. Brownbull, A19-0358, Sherburne County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

CASE LAW UPDATE:  Fine of $20,000 in criminal sexual conduct case

Defendant was convicted of 1st degree criminal sexual conduct.  On appeal, he aruged (1) the evidence was insufficient to prove beyond a reasonable doubt that he committed the charged offense; (2) the $20,000 fine was an abuse of discretion.  The Minnesota Court of Appeals concluded that the victim’s testimony combined with corroborating testimony provided sufficient evidence to support defendant’s conviction.  Further, the fine was within the trial court’s discretion.  Affirmed.

State v. Burciaga, A19-0004, Mower County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Federal court imposes consecutive sentencing in distribution of child pornography case

Defendant pleaded guilty to distribution of child pornography.  The District Court imposed a sentence at the bottom of the guidelines range, but order it to run consecutive to an earlier imposed sentence following a revocation of defendant’s supervised release.  On appeal, defendant argued that his sentence punished the same conduct as his revocation sentence, in violation of the prohibition against double jeopardy.

Where defendant’s combined sentence for the new conviction and probation revocation was less than the statutory maximum sentence for his original conviction, it did not rise to the level of plain error.  Affirmed.

United States v. Watters, 18-2237, appealed from the Northern District of Iowa, Melloy, J.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

CASE LAW UPDATE:  Attempted 2nd degree criminal sexual conduct

Defendant was convicted of attempted second degree criminal sexual conduct.  On appeal, defendant argued that the trial court erred in denying his motion for judgment of acquittal because the State failed to prove beyond a reasonable doubt that he attempted sexual contact.  The Minnesota Court of Appeals held that defendant intended to attempt to engage in sexual contact with a 12 year old by asked her to touch his penis.  Affirmed.

State v. Byrnes, A19-0117, Ramsey County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

CASE LAW UPDATE:  Admissibility of audio content of videos in child pornography trial in Minnesota

Defendant in a child pornography challenged the admission of the audio content of videos he surreptitiously recorded of minors.  In the videos, defendant made suggestive remarks.  His statements were probative as to his intent to produce lascivious footage and to show the videos were sexual in nature.  Judgement affirmed.

United States v. Petroske, 18-1572, appealed from the District of Minnesota, Erickson, J.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

CASE LAW UPDATE:  Adult daughter can obtain order for protection against father for teenage sexual abuse

Adult daughter sought order for protection against father for alleged sexual abuse when she was teenager.  The trial court denied it on the grounds that alleged harm had to be within the recent past.  The Minnesota Court of Appeals reversed holding that the trial court erred and that it does not matter when the alleged abuse occurred.  Reversed and remanded.

Lagoon v. Lagoon, A19-0824, Ramsey County.

Minnesota Criminal Defense Lawyer was not attorney of record in this case.

CASE LAW UPDATE:  Defendant convicted of 3rd degree criminal sexual conduct in Anoka County

Defendant was convicted of 3rd degree criminal sexual conduct in the County of Anoka, State of Minnesota.  The trial court excluded defendant’s expert testimony on how generally, synthetic cannabinoids, K2, of they type used by defendant and victim the day of the offense, affects a person’s ability to accurately perceive and recall events.  The Minnesota Court of Appeals found no error in the trial court’s exclusion on the grounds of lack of relevance, because there was no evidence about the specific formulation of the K2 smoked by victim and defendant.

State v. Bierbrauer, A19-0330, Anoka County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

CASE LAW UPDATE:  Defendant’s conviction for solicitation of a child to engage in sexual conduct was supported by sufficient evidence.

Defendant was convicted of solicitation of a child to engaged in sexual conduct.  Defendant argued the evidence was insufficient.  The victim testified that she said her age was 13.  Defendant stated that he was 17 years old.  He asked if they could hang out.  He asked her if she had ever given head, would she ever give head, would she ever give him head, and if she had ever f . . . d a black guy.  The Minnesota Court of Appeals held that defendant’s guilt could be inferred from his words.  Affirmed.

State v. Abdirahman, A18-1296, Carver County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

CASE LAW UPDATE:  Child pornography sentence

Defendant was convicted of child pornography.  The trial court imposed three (3) separate sentences for his child pornography convictions.  Defendant argued that the trial court erred in imposing three (3) separate sentences because the State failed to demonstrate that the offenses were committed as separate behavioral incidents or that they involved three (3) different victims.  The Minnesota Court of Appeals reversed and held that the trial court erred by concluding that the crimes involved separate behavioral incidents or that the crimes involved three (3) different victims.  Reversed and remanded.

State v. Kohlwey, A18-1253, Dakota County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

CASE LAW UPDATE:  Video of forensic interview admitted in 1st degree criminal sexual conduct trial

Defendant was convicted of two counts of 1st degree criminal sexual conduct based upon evidence of sexual assault of a pre-teen relative over a period of years.  On appeal, the Minnesota Court of Appeals held that (1) the trial court did not err by allowing the State to play a video recorded forensic interview of the victim as prior consistent statements; (2) that the interviewer’s testimony concerning his observations of the victim during the interview was admissible; (3) that the jury instructions did not violate defendant’s right to a unanimous verdict; and (4) the lifetime conditional release was appropriate.  Affirmed.

State v. Murphy, A19-0322, Hennepin County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

CASE LAW UPDATE:  Order for protection issued based upon wife’s testimony that husband engaged in nonconsensual contact

Wife sought an order for protection.  At the hearing, she testified that husband had engaged in nonconsensual contact.  The trial court issued the order for protection.  The husband appealed, arguing that the trial court abused its discretion in issuing order for protection.  The Minnesota Court of Appeals affirmed, holding that the wife’s testimony was sufficient to establish that the husband had engaged in nonconsensual sexual contact.  Affirmed.

McRunnel v. McRunnel, A19-0971, Norman County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

CASE LAW UPDATE:  Circumstantial evidence in failure to register case

Defendant was convicted of knowingly violating his predatory offender registration requirement under Minn. Stat. §243.166, subd. 5(a).  On appeal, defendant argued that the circumstantial evidence was not sufficient to support his conviction.  The Minnesota Court of Appeals concluded that the circumstances proved supported only one rational theory:  that defendant knew he needed to register upon returning to Minnesota but he did not do so because he would have been arrested under an outstanding arrest warrant.  Affirmed.

State v. Giroux, A19-0751, (Big Stone County).

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

CASE LAW UPDATE:  Predatory offender registration violation conviction based on out of state conviction reversed

Defendant’s conviction for failure to register based upon an out of state conviction was reversed by the Minnesota Supreme Court.

Defendant was convicted of failing to register.  While incarcerated in Minnesota, defendant was informed by prison officials that he was required to register as a predatory offender because of a 1992 California conviction for sexual battery.  Defendant contested that he was required to register.  Even so, Defendant intermittently did register over a period of several years.  Defendant did not register in the fall of 2016.  The State charged him with failing to register as a predatory offender.  The trial court found him guilty and the Minnesota Court of Appeals affirmed his conviction.

In a rare reversal, the Minnesota Supreme Court held that under Minn. Stat. §243.166, subd. 1b(b), a person is required to register as a predatory offender when an out of state conviction would be a violation of a Minnesota statute listed in paragraph (a) of that subdivision.  Held:  The State failed to prove that defendant was required to register as a predatory offender because of his 1992 California conviction for sexual battery.  Reversed.

State v. Martin, A18-0893, Minnesota Supreme Court.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

CASE LAW UPDATE:  Mistake of age defense in criminal sexual conduct

Defendant had sexual contact for two nights with a 14 year old boy he met on Grindr.  Defendant was convicted of two counts of criminal sexual conduct.  Defendant brought a petition for post conviction relief alleging that the mistake of age statutory age restriction was unconstitutional.  Defendant argued that in a different case, a district court order from 2014 concluding the age restriction on the defense was unconstitutional was binding statewide.  The Minnesota Court of Appeals concluded that because defendant had advanced this argument in his direct appeal to the Minnesota Supreme Court, which upheld the constitutionality of the mistake of age defense, he was barred from raising it in his petition for post conviction relief.  Affirmed.

Holloway v. State, Olmsted County, A19-1410.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

CASE LAW UPDATE:  Defendant’s sentence on criminal sexual conduct was doubled

Defendant was convicted of two (2) counts of 1st degree criminal sexual conduct and one (1) count of 2nd degree criminal sexual conduct.  At sentencing, his sentence was 288 months in prison, which constitutes a double upward durational departure.  On appeal, defendant contended that he received no notice of the State’s intent to seek an upward departure to enhance his sentence.  Noting that the State had provided notice of its intent to seek an upward departure based on harm to multiple victims seven (7) months before trial, the Minnesota Court of Appeals concluded that the State had provided sufficient and timely notice of its intent to seek an upward departure.  Sentence affirmed.

State v. Crenshaw, A19-1582, Hennepin County.

Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Contact Us Today For A Free Consultation

Minnesota Criminal Sexual Conduct Defense Lawyer Lynne Torgerson, Esq. is available for a free consultation.  If you are looking for a strong defense lawyer in your case, call her law office now to book an appointment with her:  (612) 339-5073.

Our Minnesota Criminal Sexual Conduct Lawyer Lynne Torgerson, Esq. represents clients throughout Minnesota including Minneapolis, St. Paul, Twin Cities, Edina, Eden Prairie, Blaine, Bloomington, Brooklyn Center, Brooklyn Center, Burnsville, Coon Rapids, Maple Grove, Maplewood, Plymouth, Stillwater, Woodbury, etc.. Including, but not limited to, the counties of Hennepin County, Ramsey County, Aitkin, Anoka County, Becker, Beltrami, Benton, Blue Earth, Brown, Carlton, Carver, Chippewa, Chisago, Clay, Cottonwood, Crow Wing, Dakota County, Dodge, Douglas, Freeborn, Goodhue, Grant, Houston, Isanti, Jackson, Kanabec, Kandiyohi, Kittson, Koochiching, LeSueur, Lyon, McLeod, Meeker, Mille Lacs, Morrison, Mower, Nicollet, Nobles, Olmsted, Otter Tail, Pennington, Pine, Polk, Pope, Red Lake, Redwood, Renville, Rice, Roseau, Saint Louis, cott, Sherburne, Sibley, Stearns, Steele, Stevens, Swift, Todd, Traverse, Wabasha, Wadena, Waseca, Washington County, Watonwan, Winona, Wright County, Yellow Medicine, etc. Lynne Torgerson represents clients throughout the entire State of Minnesota.  Please call (612) 339-5073 for a free consultation and for excellent, experienced legal representation.