National Indian Country Clearinghouse on Sexual Assault

MINNESOTA SEXUAL VIOLENCE CODES

*Minnesota is a mandatory Public Law 280 state, except for the Red Lake Reservation.

 

 

 

MN. STAT. § 243.166 – REGISTRATION OF PREDATORY OFFENDERS

 

Definitions. As used in this section, unless the context clearly indicates otherwise, the following terms have the meanings given them. "Bureau" means the Bureau of Criminal Apprehension.

 

 

 

MN. STAT. § 244.052 (2012) – PREDATORY OFFENDERS; NOTICE

 

MN. STAT. § 244.052 covers the process and requirements of Minnesota's risk assessment scale assigned to sex offenders to reflect his or her assessed likelihood of committing another sex crime. Minn. Stat. § 244.052 covers the process and requirements of Minnesota's risk assessment scale assigned to sex offenders to reflect his or her assessed likelihood of committing another sex crime. This statute also covers community notification, residency restrictions, and administrative review for registered sex offenders.

 

 

 

MN. STAT. §518B.01 Subd. 14 - Violation of an order for protection.

 

It outlines penalties for violations of protection orders issued in Minnesota or in another state or jurisdiction

 

 

 

MN. STAT. §518B.01 (2011)-Sud. 19a Entry and enforcement of foreign protective orders.

 

MN. STAT. §518B.01 Subd. 19a covers entry and enforcement of foreign protective orders, which are defined as orders for protection entered by another state court, an Indian tribe, or U.S. territory to exclude a respondent from a dwelling, to establish conditions of release, or is a protective order or sentencing order in a criminal prosecution arising from a domestic abuse assault if it had been entered in Minnesota.

 

 

 

Minn. Stat. § 518.01 (2011)-Subd. 22 Domestic abuse no contact order

 

Minn. Stat. § 518.01 Subd. 22 defines a domestic abuse no contact order as an order issued by a court against a defendant in the following criminal proceedings: domestic abuse; harassment or stalking committed against a family or household member; violation of an order for protection charged; or violation of a prior domestic abuse no contact order charged. It includes pretrial orders before final disposition of the case and probationary orders after sentencing.

 

 

 

MN. STAT. § 609.293 - SODOMY

 

Minn. Stat. Ann. § 609.293 is Minnesota's sodomy statute. This law forbids non-consentual carnal knowledge by anus or mouth. Minnesota is a mandatory, comprehensive Public Law 280 state, except the Red Lake Reservation.

 

 

 

MN. STAT. § 609.341 DEFINITIONS

 

Minn. Stat. Ann. § 609.341 contains twenty-three definitions of terms used throughout Minnesota's criminal statutes. Minnesota is a mandatory, comprehensive Public Law 280 state, except the Red Lake Reservation.

 

 

 

MINN. STAT. ANN. § 609.342 (WEST 2011). CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE

 

Minn. Stat. Ann. § 609.342 is Minnesota's Criminal Sexual Conduct in the First Degree law. It prohibits sexual penetration of another person, or sexual contact with any person under thirteen years of age, under any of the following circumstances: the victim is under thirteen years of age and the offender is more than 36 months older than the victim; the victim is between thirteen and sixteen and the offender is more than 48 months older; circumstances that cause the victim to reasonably fear great bodily harm to the victim or someone else; the actor has a dangerous weapon and either uses or threatens to use it; the actor injures the victim, and uses force or pressure to accomplish penetration or knows the victim is mentally impaired or physically helpless; the offender is helped by one or more others and the accomplice uses force or pressure to subdue the victim, or uses or threatens to use a dangerous weapon; 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; 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/accomplice used force, the victim was injured, or the abuse involved more than one act over an extended period of time.

 

 

 

MINN. STAT. ANN. § 609.343 (WEST 2011). CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE

 

Minn. Stat. Ann. § 609.344 is Minnesota's Criminal Sexual Conduct in the Third Degree law. It prohibits sexual penetration with another person under any of the following circumstances: the victim is under thirteen years of age and the offender is no more than 36 months older than the victim; the victim is between thirteen and sixteen and the offender is no more than 48 months older; the perpetrator uses force or coercion; the actor knows or should know the victim is mentally impaired or physically helpless; the victim is between 16 and 18 years old and the actor is more than 48 months older and in a position of authority over the victim; the actor has a significant relationship to the complainant and the complainant was between 16 and 18 years of age at the time of the sexual penetration; the actor has a significant relationship to the complainant and the complainant was between 16 and 18 at the time of the sexual contact and the actor/accomplice used force, the victim was injured, or the abuse involved more than one act over an extended period of time; the actor uses deception to convince the victim that the penetration serves a true medical purpose

 

 

 

MINN. STAT. ANN. § 609.344 (WEST 2011). CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE

 

Minn. Stat. Ann. § 609.344 is Minnesota's Criminal Sexual Conduct in the Third Degree law. It prohibits sexual penetration with another person under any of the following circumstances: the victim is under thirteen years of age and the offender is no more than 36 months older than the victim; the victim is between thirteen and sixteen and the offender is no more than 48 months older; the perpetrator uses force or coercion; the actor knows or should know the victim is mentally impaired or physically helpless; the victim is between 16 and 18 years old and the actor is more than 48 months older and in a position of authority over the victim; the actor has a significant relationship to the complainant and the complainant was between 16 and 18 years of age at the time of the sexual penetration; the actor has a significant relationship to the complainant and the complainant was between 16 and 18 at the time of the sexual contact and the actor/accomplice used force, the victim was injured, or the abuse involved more than one act over an extended period of time; the actor uses deception to convince the victim that the penetration serves a true medical purpose.

 

 

 

MINN. STAT. ANN. § 609.345 (WEST 2011). CRIMINAL SEXUAL CONDUCT IN THE FOURTH DEGREE

 

Minn. Stat. Ann. § 609.345 is Minnesota's Criminal Sexual Conduct in the Fourth Degree law. It prohibits sexual contact with another person under any of the following circumstances: the victim is under thirteen years of age and the offender is no more than 36 months older than the victim; the victim is between thirteen and sixteen and the offender is more than 48 months older or in a position of authority over the victim; the perpetrator uses force or coercion; the actor knows or should know the victim is mentally impaired or physically helpless; the victim is between 16 and 18 years old and the actor is more than 48 months older and in a position of authority over the victim; the actor has a significant relationship to the complainant and the complainant was between 16 and 18 years of age at the time of the sexual contact; the actor has a significant relationship to the complainant and the complainant was between 16 and 18 at the time of the sexual contact and the actor/accomplice used force, the victim was injured, or the abuse involved more than one act over an extended period of time.

 

 

 

MINN. STAT. ANN. § 609.349 (WEST 2011). VOLUNTARY RELATIONSHIPS


A person does not commit criminal sexual conduct under sections 609.342, clauses (a) and (b), 609.343, clauses (a) and (b), 609.344, clauses (a), (b), (d), (e), and (n), and 609.345, clauses (a), (b), (d), (e), and (n), if the actor and complainant were adults cohabiting in an ongoing voluntary sexual relationship at the time of the alleged offense, or if the complainant is the actor's legal spouse, unless the couple is living apart and one of them has filed for legal separation or dissolution of the marriage. Nothing in this section shall be construed to prohibit or restrain the prosecution for any other offense committed by one legal spouse against the other.

 

 

 

MINN. STAT. ANN. § 609.3451 (WEST 2011). CRIMINAL SEXUAL CONDUCT IN THE FIFTH DEGREE

 

Minn. Stat. Ann. § 609.3451 is Minnesota's Criminal Sexual Conduct in the Fifth Degree law. It prohibits nonconsensual sexual contact and lewd exhibition of the genitals or masturbation when knowingly in the presence of a minor under 16, but does not prohibit touching of clothing covering the buttocks. The prohibited contact also includes intentional removal or attempted removal of clothing covering the victim's intimate parts or undergarments and any nonconsensual touching of the actor's own intimate parts with sexual or aggressive intent.

 

 

 

MINN. STAT. ANN. § 609.3453 (WEST 2012). CRIMINAL SEXUAL PREDATORY CONDUCT

 

Minn. Stat. Ann. § 609.3453 is Minnesota's Criminal Sexual Predatory Conduct law. It prohibits any predatory crime that was motivated by the offender's sexual impulses, or was part of a predatory pattern of behavior with criminal sexual conduct as a goal.


This statute adds 25% to the sentence for the underlying predatory crime if the offender has a previous sex offense conviction. The offender may also be fined up to $20,000.

 

 

 

MINN. STAT. ANN. § 617.23 (WEST 2012). INDECENT EXPOSURE; PENALTIES

 

Minn. Stat. Ann. § 617.23 defines certain voluntary relationships, and excludes actors from criminal prosecution for criminal sexual misconduct if the actor and complainant live together in an ongoing voluntary sexual relationship at the time of the act, or if the complainant and actor are married, lived together at the time of the act, and neither spouse has filed for separation, divorce, or annulment.

 

 

 

National Indian Country Clearinghouse on Sexual Assault, a project by the Southwest Center for Law and Policy © 2017

This project was supported by  Grant No. 2011-TA-AX-K045 awarded by the Office on Violence Against Women. Points of view in this document are those of the author and do not necessary represent the official position of the U.S. Department of Justice. All rights reserved. | Privacy policy   Login