2009 Minnesota Statutes: 5th Degree – Described as sexual contact

5th Degree – Described as sexual contact as well as certain lewd actions. Fifth degree criminal sexual conduct is the least severe of Minnesota criminal sexual conduct charges. Fifth degree criminal sexual conduct charges are typically brought against a person if the victim was relatively young, incapable of consenting to sexual contact, or was particularly vulnerable at the time of contact. Fifth degree criminal sexual contact typically encompasses aggravated sexual contact in which penetration and/or severe injury did not occur.


609.3451 CRIMINAL SEXUAL CONDUCT IN THE FIFTH DEGREE.
Subdivision 1.Crime defined.

A person is guilty of criminal sexual conduct in the fifth degree:

(1) if the person engages in nonconsensual sexual contact; or

(2) the person engages in 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.

For purposes of this section, "sexual contact" has the meaning given in section 609.341, subdivision 11, paragraph (a), clauses (i) and (iv), but does not include the intentional touching of the clothing covering the immediate area of the buttocks. Sexual contact also includes the intentional removal or attempted removal of clothing covering the complainant's intimate parts or undergarments, and the nonconsensual touching by the complainant of the actor's intimate parts, effected by the actor, if the action is performed with sexual or aggressive intent.
Subd. 2.Penalty.

A person convicted under subdivision 1 may be sentenced to imprisonment for not more than one year or to a payment of a fine of not more than $3,000, or both.
Subd. 3.Felony.

A person is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the person violates subdivision 1, clause (2), after having been previously convicted of or adjudicated delinquent for violating subdivision 1, clause (2); section 617.23, subdivision 2, clause (1); or a statute from another state in conformity with subdivision 1, clause (2), or section 617.23, subdivision 2, clause (1).

History:

1988 c 529 s 2; 1990 c 492 s 1; 1995 c 226 art 2 s 19; 1996 c 408 art 3 s 26,27; 1998 c 367 art 3 s 11