“Age of consent laws” as they are commonly known refer to the age at which a person is legally considered capable of participation in sexual activity. Age of consent laws vary depending on the state. In Minnesota, a person must be sixteen years of age to consent to sexual activity, although some restrictions still exist on engaging in sexual activity with minors aged sixteen and seventeen. Any person who engages in improper sexual activity with a minor is subject to criminal penalties.
Who gets punished if an age of consent law is violated?
Minnesota law punishes the person engaging in sexual activity with the minor. The minor is not found to have engaged in any wrongdoing by engaging in sexual activity.
“Romeo and Juliet” laws, found in some jurisdictions, attempt to prevent young people in violation of statutory rape laws that are otherwise in consensual relationships from being punished by the law. These laws often allow sexual relationships to exist between two minors or a minor and an adult when they are close in age (normally a two to four–year age difference).
Minnesota does not have a “Romeo and Juliet” law, which leads to more prosecutions for criminal sexual conduct with minors than in some other states. Interestingly, because Minnesota statutes prohibit certain sexual acts with minors even if the other actor is a minor, a minor can be charged with criminal sexual conduct if they were to have otherwise consensual sexual contact with someone just a few years younger, even someone in their own high school.
What happens if you violate an age of consent law?
Age of consent laws are included within Minnesota’s criminal sexual conduct statutes, Minn. Stat. § 609.342-609.3451.
First Degree Criminal Sexual Conduct: This degree is charged when there is sexual penetration and:
-the minor is less than thirteen years old and the older person is more than three years older
OR
–the minor is at least 13 years of age but less than 16 years of age and the older person is more than two years older than the minor and in a current or recent position of authority over the minor.
Second Degree Criminal Sexual Conduct: This degree is charged when there is sexual contact and:
-the minor is less than thirteen years old and the actor is more than three years older
OR
-the minor is at least 13 years of age, but less than 16 years of age and the actor is more than two years older than the minor and in a current or recent position of authority over the minor
OR
–the actor has a significant relationship to the minor and the minor was under 16 years of age at the time of the sexual contact
OR
–the actor has a “significant relationship” to the minor, like a family friend, and the minor was under 16 years of age at the time of the sexual contact, and there was an aggravating factor (e.g. coercion was used or there was an injury inflicted on the minor).
Third Degree Criminal Sexual Conduct: This degree is charged when there is sexual penetration and:
–the minor is under 13 years of age and the actor is less than three years older than the minor
OR
–the minor is at least 13 but less than 16 years of age and the actor is more than two years older than the minor
OR
–the minor is at least 16 but less than 18 years of age and the actor is more than two years older than the minor and in a current or recent position of authority over the minor
OR
–the actor has a significant relationship to the minor and the minor was at least 16 but under 18 years of age at the time of the sexual penetration
OR
–the actor has a “significant relationship” to the minor, the minor was at least 16 but under 18 years of age at the time of the sexual penetration, and there was an aggravating factor (e.g. coercion was used or there was an injury inflicted on the minor).
Fourth Degree Criminal Sexual Conduct: This degree is charged when there is sexual contact and:
(a) the minor is under 13 years of age and the actor is no more than three years older than the minor.
(b) the minor is at least 13 but less than 16 years of age and the actor is more than two years older than the minor or in a current or recent position of authority over the minor.
Fifth Degree Criminal Sexual Conduct: This degree is charged when a 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.
What if the minor consents?
The entire purpose behind age of consent laws are that a minor does not legally possess the ability to consent to the sexual activity, even if the sexual activity would have been consensual if the minor was of legal age. No affirming act or speech by the child or anyone speaking on behalf of the child, even a parent, can give consent to sexual activity when the statutes above prohibit the sexual activity with the minor.
The only exception to this rule is if the child is married to the older person, although this exception is controversial and likely to change in the coming years. Although several bills have been authored recently to outlaw child marriage in Minnesota, sixteen and seventeen-year-olds are currently allowed to marry if the parent(s) of the child(ren) agree to the marriage and a judge is willing to allow the marriage. Marriage legally allows an otherwise illegal sexual relationship between a minor and their spouse.
What about “sexting” with minors?
Sending or receiving sexual messages or photos to or from minors, while not charged under the criminal sexual conduct statutes listed above, can lead to serious criminal charges including possession of child pornography, dissemination of child pornography, sexual harassment, etc. While dating relationships with a minor, and even in specific situations sexual relationships with a minor can be legal, possessing sexualized nude photos of a minor or distributing sexualized nude photos of a minor is never legal and can lead to serious consequences. This can be true even if the minor possesses photos of themselves or of another minor.
Potential Defenses to a Statutory Rape Charge
Mistake of Age – Normally, mistake of age is not a defense to statutory rape or related charges like child solicitation. Most child sex statutes operate under “strict liability,” or the idea that the perpetrator did not need to have criminal intent. That means that if you have consensual sex with someone you thought was of legal age but in reality was not of legal age, you could still be convicted of statutory rape. However, a few narrow exceptions exist for mistake of age defenses for criminal sexual conduct in the third and fourth degree.
Innocence – Prosecutors must prove every element of a crime beyond a reasonable doubt to convict a defendant of a crime. Because of the private nature of sex crimes, it is often difficult to prosecute a defendant for criminal sexual conduct.
Age of Purported Victim – It is possible that a person charged with statutory rape did not in reality commit statutory rape because the purported minor was actually above the age of consent authorized by the relevant statute.
Relationship to Purported Victim – The criminal sexual conduct statutes denote that in some circumstances an actor must be an authority figure or have a significant relationship in order to be charged with a crime. These categories are not always clear and a defendant can be argue that a specific relationship between the defendant and the minor did not exist.
An experienced attorney will be able to analyze the facts of a given case and identify which defenses are likely to lead to a positive resolution.
What is the punishment for committing statutory rape in Minnesota?
Statutory rape is viewed very seriously by the law and violators are subject to harsh, life-altering penalties. The punishment for violating a statutory rape law ranges in length depending on the degree charged and the circumstances of the crime. First degree criminal sexual conduct can be punished with up to 30 years in confinement. Fifth degree sexual conduct can be punished with up to one year in confinement and these defendants are sometimes eligible to be charged with a gross misdemeanor, not a felony.
However, the punishment for sex crimes does not end with confinement. Defendants convicted for criminal sexual conduct are often required to register as predatory offenders. Registering as a predatory offender affects housing options, job options, and the defendant’s reputation in the community.
Contact John Lesch Today If You’re Facing Criminal Charges in Minnesota
Considering the serious nature and life altering impact of a sex crime charge, it is important to have an experienced attorney on your side to give you the best chance at a positive resolution. If you are charged with criminal sexual conduct, please reach out and contact us to see how we can help.