Free, Confidential, Support 24/7

Sex Crimes: Definitions and Penalties
Minnesota

Last Updated: 2026

Export to PDF

Criminal Sexual Conduct in the First Degree	Answer
How is it defined?	[Adult Victim] Sexual penetration with a person, and any of the following circumstances exist: Circumstances existing at the time cause the complainant to have a reasonable fear of imminent great bodily harm to complainant or another; Actor is armed with a dangerous weapon (or item used to lead the complainant to reasonably believe it is a dangerous weapon) and uses or threatens use of the weapon to cause the complainant to submit; Actor causes personal injury to the complainant and any of the following circumstances exist: Actor uses coercion to accomplish the act; Actor uses force; or Actor knows or has reason to know complainant was mentally impaired, mentally incapacitated, or physically helpless; Actor uses force; Actor is aided and abetted by one or more accomplices and one of the following circumstances exist: Actor or accomplice uses force or coercion to cause complainant to submit; or Actor or accomplice is armed with a dangerous weapon (or item used to lead the complainant to reasonably believe it is a dangerous weapon) and uses or threatens to use such weapon to cause complainant to submit. [Victim under the age of 18] A person who engages in penetration with anyone under 18 or sexual contact with a person under 14, and any of the following circumstances exist: Circumstances existing at the time cause the complainant to have a reasonable fear of imminent great bodily harm to complainant or another; Actor is armed with a dangerous weapon (or item used to lead the complainant to reasonably believe it is a dangerous weapon) and uses or threatens use of the weapon to cause the complainant to submit; Actor causes personal injury to the complainant and any of the following circumstances exist: Actor uses coercion to accomplish the act; Actor uses force; or Actor knows or has reason to know complainant was mentally impaired, mentally incapacitated, or physically helpless; Actor is aided and abetted by one or more accomplices and either of the following circumstances exist: Actor or accomplice uses force or coercion to cause complainant to submit; or Actor or accomplice is armed with a dangerous weapon (or item used to lead the complainant to reasonably believe it is a dangerous weapon) and uses or threatens to use such weapon to cause complainant to submit; Complainant is under 14 years of age, and 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); Complainant is at least 14 years of age but less than 16 years of age, and 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); The actor has a significant relationship to the complainant and the complainant was under 16 years of age at the time of the act (neither mistake as to the complainant's age nor consent to the act by the complainant is a defense); or The actor has a significant relationship to the complainant and the complainant was under 16 years of age at the time of the act, and: The actor or an accomplice used force or coercion to accomplish the act; The complainant suffered personal injury; or 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 The actor uses force.
What are the punishments for this crime?	Imprisonment for not more than 30 years, or payment of a fine of not more than $40,000, or both. Unless a longer mandatory minimum sentence is otherwise required by law or the Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall presume that an executed sentence of 144 months must be imposed on an offender convicted of violating this section. Sentencing a person in a manner other than that described in this paragraph is a departure from the Sentencing Guidelines.
Anything else I should know?	Sexual Penetration: Any of the following acts committed without the complainant’s consent, except in those cases where consent is not a defense, whether or not emission of semen occurs: sexual intercourse, cunnilingus, fellatio, or anal intercourse; or any intrusion however slight into the genital or anal openings: of the complainant’s body by any part of the actor’s body or any object used by the actor for this purpose; of the complainant’s body by any part of the body of the complainant, by any part of the body of another person, or by any object used by the complainant or other person for this purpose, when effected by a person in a current or recent position of authority, or by coercion, or by inducement if the child is under 14 years of age or is mentally impaired; or of the body of the actor or another person by any part of the body of the complainant or by any object used by the complainant for this purpose, when effected by a person in a current or recent position of authority, or by coercion, or by inducement if the child is under 14 years of age or mentally impaired. Sexual Contact: Any of the following acts committed without the complainant’s consent, except in those cases where consent is not a defense, and committed with sexual or aggressive intent: the intentional touching by the actor of the complainant’s intimate parts (primary genital area, groin, inner thigh, buttocks, or breast); the touching by the complainant of the actor’s, the complainant’s, or another’s intimate parts; the touching by another of the complainant’s intimate parts; in any of the cases above, the touching of the clothing covering the immediate area of the intimate parts; or the intentional touching with seminal fluid or sperm by the actor of the complainant’s body or the clothing covering the complainant’s body. Force: The infliction by the actor of great bodily harm; or The attempted infliction, or threatened infliction of bodily harm or commission or threat of any other crime by the actor against the complainant or another, which causes the complainant to reasonably believe that the actor has the present ability to execute the threat. Mentally impaired: A person, as a result of inadequately developed or impaired intelligence or a substantial psychiatric disorder of thought or mood, lacks the judgment to give reasoned consent to sexual contact or to sexual penetration. Coercion: The use by the actor of words or circumstances that cause the complainant reasonably to fear that the actor will inflict bodily harm upon the complainant or another, or the use by the actor of confinement, or superior size or strength, against the complainant. Proof of coercion does not require proof of a specific act or threat. Significant relationship: A situation in which the actor is: the complainant’s parent, stepparent, or guardian; any of the following persons related to the complainant by blood, marriage, or adoption: brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent, great-grandparent, great-uncle, great-aunt; an adult who jointly resides intermittently or regularly in the same dwelling as the complainant and who is not the complainant’s spouse; or an adult who is or was involved in a significant romantic or sexual relationship with the parent of a complainant. Sexual contact with a person under 14: The intentional touching of the complainant's bare genitals or anal opening by the actor's bare genitals or anal opening with sexual or aggressive intent or the touching by the complainant's bare genitals or anal opening of the actor's or another's bare genitals or anal opening with sexual or aggressive intent. Current or recent position of authority: Includes but is not limited to any person who is a parent or acting in the place of a parent and charged with or assumes any of a parent's rights, duties or responsibilities to a child, or a person who is charged with or assumes any duty or responsibility for the health, welfare, or supervision of a child, either independently or through another, no matter how brief, at the time of or within 120 days immediately preceding the act. Mentally incapacitated: A person under the influence of alcohol, a narcotic, anesthetic, or any other substance, administered to that person without the person's agreement, lacks the judgment to give a reasoned consent to sexual contact or sexual penetration; or A person is under the influence of any substance or substances to a degree that renders them incapable of consenting or incapable of appreciating, understanding or controlling the person’s conduct. Physically helpless: A person is (a) asleep or not conscious, (b) unable to withhold consent or to withdraw consent because of a physical condition, or (c) unable to communicate non-consent and the condition is known or reasonably should have been known to the actor.
Statutory citation(s):	Minn. Stat. § 609.342

Criminal Sexual Conduct in the Second Degree	Answer
How is it defined?	[Adult Victim] Sexual contact, and any of the following circumstances exist: Circumstances existing at the time of the act cause the complainant to have a reasonable fear of imminent great bodily harm to complainant or another; Actor is armed with a dangerous weapon (or item used to lead the complainant to reasonably believe it is a dangerous weapon) and uses or threatens use of the weapon to cause the complainant to submit; Actor causes personal injury and any of the following circumstances exist: Actor uses force or coercion to accomplish the sexual contact; or Actor knows or has reason to know complainant was mentally impaired, mentally incapacitated, or physically helpless; Actor uses force; Actor is aided or abetted by one or more accomplices and one of the following circumstances exist: Accomplice uses force or coercion to cause complainant to submit; or Accomplice is armed with a dangerous weapon, (or item used to lead the complainant to reasonably believe it is a dangerous weapon) and uses or threatens to use such weapon to cause complainant to submit. [Victim under the age of 18] Sexual contact with anyone under 18 years of age, and any of the following circumstances exist: Circumstances existing at the time of the act cause the complainant to have a reasonable fear of imminent great bodily harm to complainant or another; Actor is armed with a dangerous weapon (or item used to lead the complainant to reasonably believe it is a dangerous weapon) and uses or threatens use of the weapon to cause the complainant to submit; Actor causes personal injury and any of the following circumstances exist: Actor uses force or coercion to accomplish the sexual contact; or Actor knows or has reason to know complainant was mentally impaired, mentally incapacitated, or physically helpless; Actor is aided or abetted by one or more accomplices and one of the following circumstances exist: Accomplice uses force or coercion to cause complainant to submit; or Accomplice is armed with a dangerous weapon, (or item used to lead the complainant to reasonably believe it is a dangerous weapon) and uses or threatens to use such weapon to cause complainant to submit; or Complainant is under 14 years of age, and 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; Complainant is at least 14 but less than 16 years of age, and actor is more than 48 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; The actor has a significant relationship to the complainant and the complainant was under 16 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); or The actor has a significant relationship to the complainant and the complainant was under 16 years of age at the time of the sexual contact, and: The actor or an accomplice used force or coercion to accomplish the penetration; The complainant suffered personal injury; or 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. The actor uses force.
What are the punishments for this crime?	Imprisonment for not more than 25 years, or payment of a fine of not more than $35,000, or both. Unless a longer mandatory minimum sentence is otherwise required by law or the Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall presume that an executed sentence of 90 months must be imposed on an offender convicted of violating subdivision 1, clause (a), (b), (c), (d), or (e), or subdivision 1a, clause (a), (b), (c), (d), (h), or (i). Sentencing a person in a manner other than that described in this paragraph is a departure from the Sentencing Guidelines.
Anything else I should know?	Sexual Penetration: Any of the following acts committed without the complainant’s consent, except in those cases where consent is not a defense, whether or not emission of semen occurs: sexual intercourse, cunnilingus, fellatio, or anal intercourse; or any intrusion however slight into the genital or anal openings: of the complainant’s body by any part of the actor’s body or any object used by the actor for this purpose; of the complainant’s body by any part of the body of the complainant, by any part of the body of another person, or by any object used by the complainant or other person for this purpose, when effected by a person in a current or recent position of authority, or by coercion, or by inducement if the child is under 14 years of age or is mentally impaired; or of the body of the actor or another person by any part of the body of the complainant or by any object used by the complainant for this purpose, when effected by a person in a current or recent position of authority, or by coercion, or by inducement if the child is under 14 years of age or mentally impaired. Sexual Contact: Any of the following acts committed without the complainant’s consent, except in those cases where consent is not a defense, and committed with sexual or aggressive intent: the intentional touching by the actor of the complainant’s intimate parts (primary genital area, groin, inner thigh, buttocks, or breast); the touching by the complainant of the actor’s, the complainant’s, or another’s intimate parts; the touching by another of the complainant’s intimate parts; in any of the cases above, the touching of the clothing covering the immediate area of the intimate parts; or the intentional touching with seminal fluid or sperm by the actor of the complainant’s body or the clothing covering the complainant’s body. Force: The infliction by the actor of great bodily harm; or The attempted infliction, or threatened infliction of bodily harm or commission or threat of any other crime by the actor against the complainant or another, which causes the complainant to reasonably believe that the actor has the present ability to execute the threat. Mentally impaired: A person, as a result of inadequately developed or impaired intelligence or a substantial psychiatric disorder of thought or mood, lacks the judgment to give reasoned consent to sexual contact or to sexual penetration. Coercion: The use by the actor of words or circumstances that cause the complainant reasonably to fear that the actor will inflict bodily harm upon the complainant or another, or the use by the actor of confinement, or superior size or strength, against the complainant. Proof of coercion does not require proof of a specific act or threat. Significant relationship: A situation in which the actor is: the complainant’s parent, stepparent, or guardian; any of the following persons related to the complainant by blood, marriage, or adoption: brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent, great-grandparent, great-uncle, great-aunt; an adult who jointly resides intermittently or regularly in the same dwelling as the complainant and who is not the complainant’s spouse; or an adult who is or was involved in a significant romantic or sexual relationship with the parent of a complainant. Sexual contact with a person under 14: The intentional touching of the complainant's bare genitals or anal opening by the actor's bare genitals or anal opening with sexual or aggressive intent or the touching by the complainant's bare genitals or anal opening of the actor's or another's bare genitals or anal opening with sexual or aggressive intent. Current or recent position of authority: Includes but is not limited to any person who is a parent or acting in the place of a parent and charged with or assumes any of a parent's rights, duties or responsibilities to a child, or a person who is charged with or assumes any duty or responsibility for the health, welfare, or supervision of a child, either independently or through another, no matter how brief, at the time of or within 120 days immediately preceding the act. Mentally incapacitated: A person under the influence of alcohol, a narcotic, anesthetic, or any other substance, administered to that person without the person's agreement, lacks the judgment to give a reasoned consent to sexual contact or sexual penetration; or A person is under the influence of any substance or substances to a degree that renders them incapable of consenting or incapable of appreciating, understanding or controlling the person’s conduct. Physically helpless: A person is (a) asleep or not conscious, (b) unable to withhold consent or to withdraw consent because of a physical condition, or (c) unable to communicate non-consent and the condition is known or reasonably should have been known to the actor.
Statutory citation(s):	Minn. Stat. § 609.343

Criminal Sexual Conduct in the Third Degree	Answer
How is it defined?	[Adult victim] Sexual penetration, and any of the following circumstances exist: The actor uses coercion to accomplish the penetration; The actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless; The actor uses force; or At the time of the act, the actor is in a prohibited occupational relationship with the complainant. [Victim under the age of 18] Sexual penetration with anyone under 18 years of age, and any of the following circumstances exist: 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); Complainant is at least 14 but less than 16 years of age and the actor is more than 24 months older than the complainant. 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 age shall not be a defense. Consent is not a defense. The actor uses force or coercion; The actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless; 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 shall be a defense; The actor has a significant relationship to the complainant and the complainant was at least 16 but less than 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 shall be a defense; The actor has a significant relationship to the complainant and the complainant was at least 16 but less than 18 years of age at the time of the sexual penetration, and one of the following: (i) the actor or 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 shall be a defense; or At the time of the act, the actor is in a prohibited occupational relationship with the complainant.
What are the punishments for this crime?	Imprisonment for not more than 15 years, or payment of a fine of not more than $30,000, or both. If the complainant is at least 14 but less than 16 years of age, and if the actor was more than 24 months older than the complainant but less than 36 months older, imprisonment for not more than five years or a fine of not more than $30,000, or both.
Anything else I should know?	Sexual Penetration: Any of the following acts committed without the complainant’s consent, except in those cases where consent is not a defense, whether or not emission of semen occurs: sexual intercourse, cunnilingus, fellatio, or anal intercourse; or any intrusion however slight into the genital or anal openings: of the complainant’s body by any part of the actor’s body or any object used by the actor for this purpose; of the complainant’s body by any part of the body of the complainant, by any part of the body of another person, or by any object used by the complainant or other person for this purpose, when effected by a person in a current or recent position of authority, or by coercion, or by inducement if the child is under 14 years of age or is mentally impaired; or of the body of the actor or another person by any part of the body of the complainant or by any object used by the complainant for this purpose, when effected by a person in a current or recent position of authority, or by coercion, or by inducement if the child is under 14 years of age or mentally impaired. Sexual Contact: Any of the following acts committed without the complainant’s consent, except in those cases where consent is not a defense, and committed with sexual or aggressive intent: the intentional touching by the actor of the complainant’s intimate parts (primary genital area, groin, inner thigh, buttocks, or breast); the touching by the complainant of the actor’s, the complainant’s, or another’s intimate parts; the touching by another of the complainant’s intimate parts; in any of the cases above, the touching of the clothing covering the immediate area of the intimate parts; or the intentional touching with seminal fluid or sperm by the actor of the complainant’s body or the clothing covering the complainant’s body. Force: The infliction by the actor of great bodily harm; or The attempted infliction, or threatened infliction of bodily harm or commission or threat of any other crime by the actor against the complainant or another, which causes the complainant to reasonably believe that the actor has the present ability to execute the threat. Mentally impaired: A person, as a result of inadequately developed or impaired intelligence or a substantial psychiatric disorder of thought or mood, lacks the judgment to give reasoned consent to sexual contact or to sexual penetration. Coercion: The use by the actor of words or circumstances that cause the complainant reasonably to fear that the actor will inflict bodily harm upon the complainant or another, or the use by the actor of confinement, or superior size or strength, against the complainant. Proof of coercion does not require proof of a specific act or threat. Significant relationship: A situation in which the actor is: the complainant’s parent, stepparent, or guardian; any of the following persons related to the complainant by blood, marriage, or adoption: brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent, great-grandparent, great-uncle, great-aunt; an adult who jointly resides intermittently or regularly in the same dwelling as the complainant and who is not the complainant’s spouse; or an adult who is or was involved in a significant romantic or sexual relationship with the parent of a complainant. Sexual contact with a person under 14: The intentional touching of the complainant's bare genitals or anal opening by the actor's bare genitals or anal opening with sexual or aggressive intent or the touching by the complainant's bare genitals or anal opening of the actor's or another's bare genitals or anal opening with sexual or aggressive intent. Current or recent position of authority: Includes but is not limited to any person who is a parent or acting in the place of a parent and charged with or assumes any of a parent's rights, duties or responsibilities to a child, or a person who is charged with or assumes any duty or responsibility for the health, welfare, or supervision of a child, either independently or through another, no matter how brief, at the time of or within 120 days immediately preceding the act. Mentally incapacitated: A person under the influence of alcohol, a narcotic, anesthetic, or any other substance, administered to that person without the person's agreement, lacks the judgment to give a reasoned consent to sexual contact or sexual penetration; or A person is under the influence of any substance or substances to a degree that renders them incapable of consenting or incapable of appreciating, understanding or controlling the person’s conduct. Physically helpless: A person is (a) asleep or not conscious, (b) unable to withhold consent or to withdraw consent because of a physical condition, or (c) unable to communicate non-consent and the condition is known or reasonably should have been known to the actor.
Statutory citation(s):	Minn. Stat. § 609.344

Criminal Sexual Conduct in the Fourth Degree	Answer
How is it defined?	[Victim under the age of 18] Sexual contact with anyone under 18 years of age, and any of the following circumstances exist: 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); 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 is not a defense. 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 age shall not be a defense; The actor uses force or coercion; The actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless; 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 shall be a defense; The actor has a significant relationship to the complainant and the complainant was at least 16 but less than 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 shall be a defense; The actor has a significant relationship to the complainant and the complainant was at least 16 but less than 18 years of age at the time of the sexual contact, and: The actor or accomplice used force or coercion to accomplish the contact; or The complainant suffered personal injury; or 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 shall be a defense; or At the time of the act, the actor is in a prohibited occupational relationship with the complainant.
What are the punishments for this crime?	Imprisonment for not more than 10 years, or payment of a fine of not more than $20,000, or both.
Anything else I should know?	Sexual Penetration: Any of the following acts committed without the complainant’s consent, except in those cases where consent is not a defense, whether or not emission of semen occurs: sexual intercourse, cunnilingus, fellatio, or anal intercourse; or any intrusion however slight into the genital or anal openings: of the complainant’s body by any part of the actor’s body or any object used by the actor for this purpose; of the complainant’s body by any part of the body of the complainant, by any part of the body of another person, or by any object used by the complainant or other person for this purpose, when effected by a person in a current or recent position of authority, or by coercion, or by inducement if the child is under 14 years of age or is mentally impaired; or of the body of the actor or another person by any part of the body of the complainant or by any object used by the complainant for this purpose, when effected by a person in a current or recent position of authority, or by coercion, or by inducement if the child is under 14 years of age or mentally impaired. Sexual Contact: Any of the following acts committed without the complainant’s consent, except in those cases where consent is not a defense, and committed with sexual or aggressive intent: the intentional touching by the actor of the complainant’s intimate parts (primary genital area, groin, inner thigh, buttocks, or breast); the touching by the complainant of the actor’s, the complainant’s, or another’s intimate parts; the touching by another of the complainant’s intimate parts; in any of the cases above, the touching of the clothing covering the immediate area of the intimate parts; or the intentional touching with seminal fluid or sperm by the actor of the complainant’s body or the clothing covering the complainant’s body. Force: The infliction by the actor of great bodily harm; or The attempted infliction, or threatened infliction of bodily harm or commission or threat of any other crime by the actor against the complainant or another, which causes the complainant to reasonably believe that the actor has the present ability to execute the threat. Mentally impaired: A person, as a result of inadequately developed or impaired intelligence or a substantial psychiatric disorder of thought or mood, lacks the judgment to give reasoned consent to sexual contact or to sexual penetration. Coercion: The use by the actor of words or circumstances that cause the complainant reasonably to fear that the actor will inflict bodily harm upon the complainant or another, or the use by the actor of confinement, or superior size or strength, against the complainant. Proof of coercion does not require proof of a specific act or threat. Significant relationship: A situation in which the actor is: the complainant’s parent, stepparent, or guardian; any of the following persons related to the complainant by blood, marriage, or adoption: brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent, great-grandparent, great-uncle, great-aunt; an adult who jointly resides intermittently or regularly in the same dwelling as the complainant and who is not the complainant’s spouse; or an adult who is or was involved in a significant romantic or sexual relationship with the parent of a complainant. Sexual contact with a person under 14: The intentional touching of the complainant's bare genitals or anal opening by the actor's bare genitals or anal opening with sexual or aggressive intent or the touching by the complainant's bare genitals or anal opening of the actor's or another's bare genitals or anal opening with sexual or aggressive intent. Current or recent position of authority: Includes but is not limited to any person who is a parent or acting in the place of a parent and charged with or assumes any of a parent's rights, duties or responsibilities to a child, or a person who is charged with or assumes any duty or responsibility for the health, welfare, or supervision of a child, either independently or through another, no matter how brief, at the time of or within 120 days immediately preceding the act. Mentally incapacitated: A person under the influence of alcohol, a narcotic, anesthetic, or any other substance, administered to that person without the person's agreement, lacks the judgment to give a reasoned consent to sexual contact or sexual penetration; or A person is under the influence of any substance or substances to a degree that renders them incapable of consenting or incapable of appreciating, understanding or controlling the person’s conduct. Physically helpless: A person is (a) asleep or not conscious, (b) unable to withhold consent or to withdraw consent because of a physical condition, or (c) unable to communicate non-consent and the condition is known or reasonably should have been known to the actor.
Statutory citation(s):	Minn. Stat. § 609.345

Criminal Sexual Conduct in the Fifth Degree	Answer
How is it defined?	[1] Person engages in nonconsensual sexual penetration, or [1a] Person engages in Nonconsensual sexual contact; or masturbation or lewd exhibition of the genitals in the presence of a minor under the age of 16, knowing or having reason to know the minor is present.
What are the punishments for this crime?	Convicted under 1a (gross misdemeanor): Imprisonment for not more than 1 year, or payment of a fine of not more than $3,000, or both. Convicted under 1 (felony): Imprisonment for not more than 2 years, or payment of a fine of note more than $10,000, or both. Convicted under 1 or 1a and also previously convicted of a similar crime within 10 years (felony): Imprisonment for not more than 7 years, or payment of a fine of not more than $14,000, or both.
Anything else I should know?	Sexual Contact: Any of the following acts committed without the complainant’s consent, except in those cases where consent is not a defense, and committed with sexual or aggressive intent: the intentional touching by the actor of the complainant’s intimate parts (primary genital area, groin, inner thigh, buttocks, or breast); the touching by the complainant of the actor’s, the complainant’s, or another’s intimate parts; the touching by another of the complainant’s intimate parts; in any of the cases above, the touching of the clothing covering the immediate area of the intimate parts; or the intentional touching with seminal fluid or sperm by the actor of the complainant’s body or the clothing covering the complainant’s body. Sexual contact also includes the intentional removal or attempted removal of clothing covering the complainant's intimate parts or undergarments.
Statutory citation(s):	Minn. Stat. § 609.3451

Statutory Rape	Answer
How is it defined?	“Statutory rape” is commonly used to refer to sexual penetration that is illegal because it involves a youth. Minnesota has no specific statutory rape statute, but criminal sexual conduct involving minors is captured under Minn. Stat. §§ 609.342-609.345. For example, sexual penetration is a crime of the first degree if: Complainant is under 14 years of age, and actor is more than 36 months older than the complainant; Complainant is between the age of 14 and 16, and actor is more than 36 months older than the complainant, and in a position of authority over the complainant; or The actor has a significant relationship to the complainant and the complainant was under 16 years of age at the time of the sexual penetration, and the actor or an accomplice used force or coercion to accomplish the penetration, the complainant suffered personal injury, or the sexual abuse involved multiple acts committed over an extended period of time.
What are the punishments for this crime?	The punishments range from imprisonment for not more than 10 years, or payment of a fine of not more than $20,000, or both, to imprisonment for not more than 30 years, or payment of a fine of not more than $40,000, or both.
Anything else I should know?	Sexual Contact: Any of the following acts committed without the complainant’s consent, except in those cases where consent is not a defense, and committed with sexual or aggressive intent: the intentional touching by the actor of the complainant’s intimate parts (primary genital area, groin, inner thigh, buttocks, or breast); the touching by the complainant of the actor’s, the complainant’s, or another’s intimate parts; the touching by another of the complainant’s intimate parts; in any of the cases above, the touching of the clothing covering the immediate area of the intimate parts; or the intentional touching with seminal fluid or sperm by the actor of the complainant’s body or the clothing covering the complainant’s body.
Statutory citation(s):	Minn. Stat. §§ 609.342-609.345

Sodomy (Criminal Sodomy and Aggravated Criminal Sodomy)	Answer
How is it defined?	Carnally knowing any person by the anus, or by or with the mouth.
What are the punishments for this crime?	N/A
Anything else I should know?	On May 17, 2023, the Minnesota legislature passed an Omnibus Judiciary and Public Safety Bill that included provisions repealing the state's sodomy laws.
Statutory citation(s):	Minn. Stat. 609.293