Criminal Sexual Conduct In The Fifth Degree

Fighting a Fifth-Degree Criminal Sexual Conduct Accusation in St. Louis County with a Dedicated Defense Attorney

The moment you are accused of Criminal Sexual Conduct in the Fifth Degree, your life can suddenly feel as though it’s been blindsided by a relentless storm. In Northern Minnesota, where communities like Duluth, Two Harbors, and Proctor are founded on personal connections and reputation, such an allegation isn’t just a legal matter; it’s a profoundly personal crisis that immediately threatens your livelihood, your standing in the community, and the well-being of your family. You are suddenly grappling with the terrifying reality of what this means for your job, the potential damage to your name in a tight-knit town, and the immense strain it places on those you love most. The notification—whether it’s a phone call from law enforcement, a knock at your door, or official papers served—shatters your sense of security, transforming your world into a landscape of fear and crushing uncertainty. This isn’t a minor inconvenience; it’s a deeply unsettling ordeal, and the formidable power of the state is now squarely aimed at your prosecution.

The fear that grips you is completely valid. You aren’t merely contemplating fines or short-term jail sentences; you’re facing the very real possibility of a permanent criminal record, the alienation of friends and neighbors who might be quick to judge, and the immense emotional and financial burden on your family. In close-knit communities like Cloquet or Bemidji, news travels fast, and an accusation of this nature can leave an indelible mark, impacting every aspect of your life. This initial shock, this feeling of overwhelming helplessness, is precisely what the prosecution hopes will paralyze you. They want you to believe the fight is futile, that your fate is already decided. But I approach it differently. An accusation is not a conviction. It is the challenging beginning of a fight, and you need a relentless, unwavering advocate who understands the stakes involved and is prepared to fight fiercely for your rights, your reputation, and your future.

The Stakes: What a Conviction Truly Costs

A criminal accusation, even for Criminal Sexual Conduct in the Fifth Degree, casts an immediate and chilling shadow over your life. But a conviction for this offense does far more than cast a shadow; it inflicts profound and often irreversible damage, leading to deep, far-reaching consequences that will redefine your existence for decades to come. Understanding the full scope of these stakes is not merely a legal exercise; it is the raw, undeniable truth of why an aggressive, uncompromising defense is not just advisable, but absolutely essential.

Your Permanent Criminal Record

A conviction for Criminal Sexual Conduct in the Fifth Degree, whether a gross misdemeanor or a felony, will become a permanent, indelible mark on your criminal record. This record is not simply a piece of paper filed away in a government office; it is a digital scarlet letter that will follow you everywhere. Rigorous background checks are standard practice for securing new employment, applying for housing, and even engaging in volunteer activities within your community. When your name is run, this conviction will inevitably surface, leading to immediate disqualification from a vast array of opportunities and subjecting you to intense, often insurmountable, scrutiny. It broadcasts a story about you, regardless of its accuracy, that becomes incredibly difficult to overcome, forever coloring how you are perceived by institutions and individuals alike.

Loss of Second Amendment Rights

For many individuals in Northern Minnesota, the right to bear arms is more than a constitutional principle; it is a deeply ingrained part of their lifestyle, essential for hunting, sport, and personal protection. A felony conviction for Criminal Sexual Conduct in the Fifth Degree will result in the permanent forfeiture of your Second Amendment rights. This means you will be legally and permanently prohibited from owning, possessing, or even having access to firearms. While some gross misdemeanor convictions might not immediately trigger this loss, any subsequent felony conviction or certain domestic violence-related offenses will. For those whose lives revolve around the outdoors or who prioritize self-defense, it represents a profound and irretrievable loss of a cherished right, a core aspect of their identity stripped away by a single conviction.

Barriers to Employment and Housing

The employment landscape in places like Duluth and St. Louis County is competitive, and employers are, by law and by policy, exceptionally reluctant to hire individuals with criminal convictions, particularly for offenses involving sexual conduct. A conviction for Criminal Sexual Conduct in the Fifth Degree, even at the gross misdemeanor level, will lead to significant barriers to employment opportunities, irrespective of your skills, experience, or dedication. Felony convictions will often result in the absolute denial of most jobs. Similarly, securing safe and stable housing will transform into an overwhelming ordeal. Landlords routinely conduct comprehensive background checks, and a conviction of this nature acts as a significant barrier, often resulting in outright rejection. These are not minor obstacles; they are fundamental, often insurmountable, barriers to rebuilding your life and establishing any semblance of stability or normalcy.

Impact on Professional Licenses and Reputation

If your career depends on a professional license – whether you are a teacher, healthcare provider, coach, or any other licensed professional – a conviction for Criminal Sexual Conduct in the Fifth Degree can lead to suspension, revocation, or permanent loss of your professional license. Licensing boards are mandated to investigate such offenses, and even a gross misdemeanor conviction can be grounds for disciplinary action. Beyond the tangible loss of your livelihood, the damage to your reputation in a close-knit community like Two Harbors or Cloquet will be devastating. News of such a conviction travels rapidly, trust evaporates, and the respect and standing you once commanded will diminish, leaving you professionally and socially isolated, facing a future irrevocably impacted by the conviction.

The Accusation: Understanding the State’s Case

When you face a charge of Criminal Sexual Conduct in the Fifth Degree, it feels like a deeply personal attack. For the prosecution, however, it is a matter of proving specific legal elements defined by statute. To effectively defend yourself, you must first understand the precise nature of the legal assault being mounted against you.

What Does the State Allege? Criminal Sexual Conduct in the Fifth Degree Explained in Plain English

Criminal Sexual Conduct in the Fifth Degree in Minnesota is generally the least severe charge in the state’s sexual conduct statutes, but it is still a serious offense with significant consequences. It typically involves nonconsensual sexual penetration or nonconsensual sexual contact. Importantly, this degree can also apply to acts of masturbation or lewd exhibition of the genitals in the presence of a minor under the age of 16, even if there’s no direct physical contact with the minor.

“Sexual penetration” is broadly defined to include any intrusion, however slight, by any body part or object into the genital or anal opening of another. “Sexual contact” is also broadly defined and includes intentional touching of intimate parts, or the removal/attempted removal of intimate clothing, or causing the alleged victim to touch the actor’s intimate parts, performed with sexual or aggressive intent. The critical element in many Fifth Degree cases is the lack of consent, which the prosecution must prove. Even if the sexual act itself might seem less severe than other degrees, the nonconsensual nature makes it a criminal offense.

The Law on the Books: Minnesota Statute 609.3451 CRIMINAL SEXUAL CONDUCT IN THE FIFTH DEGREE.

Minnesota Statute 609.3451 precisely defines Criminal Sexual Conduct in the Fifth Degree, outlining the various circumstances under which a person can be found guilty. The purpose of this law is to criminalize nonconsensual sexual acts, even without the presence of force or severe injury often found in higher degrees, and to protect minors from certain lewd acts.

Here is the full text of the statute:

609.3451 CRIMINAL SEXUAL CONDUCT IN THE FIFTH DEGREE.

Subdivision 1.Sexual penetration; crime defined. A person is guilty of criminal sexual conduct in the fifth degree if the person engages in nonconsensual sexual penetration.

Subd. 1a.Sexual contact; child present; crime defined. A person is guilty of criminal sexual conduct in the fifth degree if:

(1) 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), (iv), and (v). 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.Gross misdemeanor. A person convicted under subdivision 1a may be sentenced to imprisonment for not more than 364 days or to a payment of a fine of not more than $3,000, or both.

Subd. 3.Felony. (a) A person is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $10,000, or both, if the person violates subdivision 1.

(b) A person is guilty of a felony and may be sentenced to imprisonment for not more than seven years or to payment of a fine of not more than $14,000, or both, if the person violates subdivision 1 or 1a within ten years of:

(1) a conviction under subdivision 1;

(2) a previous conviction for violating subdivision 1a, clause (2), a crime described in paragraph (c), or a statute from another state in conformity with any of these offenses; or

(3) the first of two or more previous convictions for violating subdivision 1a, clause (1), or a statute from another state in conformity with this offense.

(c) A previous conviction for violating section 609.342; 609.343; 609.344; 609.345; 609.3453; 617.23, subdivision 2, clause (2), or subdivision 3; or 617.247 may be used to enhance a criminal penalty as provided in paragraph (b).

The Prosecution’s Burden: Elements of Criminal Sexual Conduct in the Fifth Degree

The state does not merely accuse; it must prove every single element of the alleged crime beyond a reasonable doubt. This is the highest legal standard in our justice system, a formidable hurdle for the prosecution. If they fail to establish even one of these elements with undeniable certainty, their entire case collapses, and a conviction cannot stand. This is the critical battleground where your freedom will be fought. I will meticulously dissect every piece of evidence, every witness statement, and every procedural step to ensure the prosecution is held to this impossibly high standard, tirelessly working to expose any and all weaknesses in their case.

Sexual Penetration OR Sexual Contact/Lewd Act: The prosecution must prove you engaged in either sexual penetration (Subdivision 1) or sexual contact, or masturbation/lewd exhibition in the presence of a minor under 16 (Subdivision 1a). The exact act alleged dictates which part of the statute applies. I will scrutinize all evidence to ensure the alleged act actually fits the legal definition of sexual penetration or sexual contact as outlined in the statute, or that the specific lewd act occurred in the presence of a minor as defined.
Nonconsensual (for sexual penetration or contact): For charges under Subdivision 1 (sexual penetration) or Subdivision 1a, clause (1) (sexual contact), the state must prove the act was nonconsensual. This is often the central element in dispute. I will challenge the prosecution’s claim of nonconsent by examining all communications, actions, and the surrounding circumstances. The state must prove a clear absence of consent, not just a later change of mind.
Presence of Minor/Knowledge (for lewd acts): If charged under Subdivision 1a, clause (2), the prosecution must prove you engaged in masturbation or a lewd exhibition of genitals and that a minor under the age of 16 was present, and you knew or had reason to know the minor was present. This involves proving your awareness of the minor’s presence, not just their physical proximity.
Identity of the Actor: The prosecution must definitively prove that you were the person who committed the alleged act. This is a fundamental principle of criminal law. I will challenge the reliability of any identification, scrutinize surveillance footage, phone records, or other evidence, and investigate any potential alternative suspects or scenarios. Cases of mistaken identity or false accusations are a very real possibility, and any doubt surrounding your identification can lead to a successful defense.
Sexual or Aggressive Intent (for certain sexual contact): For specific types of sexual contact, such as the intentional removal of clothing or nonconsensual touching of the actor’s intimate parts, the state must prove the action was performed with sexual or aggressive intent. I will argue that your actions lacked this specific intent, presenting alternative, non-criminal explanations for the alleged conduct.

The Potential Outcome: Penalties for a Criminal Sexual Conduct in the Fifth Degree Conviction

A conviction for Criminal Sexual Conduct in the Fifth Degree carries serious penalties that can significantly alter your life, despite it being the lowest degree of sexual conduct charges. The penalties vary depending on the specific subdivision violated and your criminal history.

If convicted under Subdivision 1a (nonconsensual sexual contact or lewd exhibition in presence of minor), the offense is typically a gross misdemeanor. This can result in imprisonment for not more than 364 days or a fine of not more than $3,000, or both. While not a felony, a gross misdemeanor conviction carries a significant social stigma and a permanent criminal record.

If convicted under Subdivision 1 (nonconsensual sexual penetration), the offense is a felony. This can result in imprisonment for not more than two years or a fine of not more than $10,000, or both.

However, the penalties for either Subdivision 1 or 1a can be significantly enhanced to a felony with much harsher sentences if you have a prior conviction for certain offenses within the last ten years. Specifically, if you violate Subdivision 1 or 1a and have a prior conviction for:

A previous conviction under Subdivision 1 (Fifth Degree CSC – sexual penetration).
A previous conviction for violating Subdivision 1a, clause (2) (Fifth Degree CSC – lewd exhibition with minor present), or a comparable crime from another state.
The first of two or more previous convictions for violating Subdivision 1a, clause (1) (Fifth Degree CSC – nonconsensual sexual contact), or a comparable crime from another state.
Any previous conviction for higher-degree Criminal Sexual Conduct (First, Second, Third, Fourth Degree), or certain other related offenses like indecent exposure or child pornography.

In these enhanced felony cases, a conviction can result in imprisonment for not more than seven years or a fine of not more than $14,000, or both. A person convicted under this section is also subject to conditional release under Minnesota Statute 609.3455, which means long-term supervision and restrictions upon release, and may be subject to predatory offender registration, depending on the specific type of conduct and prior record.

The Battle Plan: Building Your Strategic Defense

An accusation is not a conviction. This foundational truth drives every single action I take on behalf of my clients. The state has launched a formidable attack against you, but their charges represent merely their opening salvo in a protracted and intense legal war. Your world may feel like it has been shattered, but this is precisely the moment to summon your strength, gather your resolve, and recognize that a proactive, strategically brilliant, and aggressive counter-offensive is not just a possibility—it is your only viable path forward. I approach every Criminal Sexual Conduct case as an all-out battle for your freedom and your future, where every piece of the state’s evidence, every witness statement, and their entire narrative must be relentlessly tested, aggressively challenged, and, if possible, utterly dismantled.

The prosecution will present their version of events, often hastily constructed from incomplete information, emotionally charged accusations, or even outright fabrications. But their narrative is not the complete truth, and it most certainly is not your truth. Your robust defense begins the instant you retain me, with a deep, exhaustive dive into every single detail of the allegations, leaving absolutely no stone unturned. We will meticulously scrutinize every police report, dissect every interview, forensically examine all available evidence, and systematically pull apart the prosecution’s theories piece by excruciating piece. This isn’t about passively reacting to their moves; it’s about seizing control of the narrative, putting the prosecution squarely on the defensive, and forcing them to justify every single claim they make with irrefutable proof. This is your life, your reputation, and your future hanging in the balance, and I am prepared to fight for it with unwavering commitment, strategic brilliance, and an aggressive, uncompromising pursuit of justice.

How a Criminal Sexual Conduct in the Fifth Degree Charge Can Be Challenged in Court

Defending against a charge of Criminal Sexual Conduct in the Fifth Degree demands a sophisticated and aggressive legal strategy. While every case is uniquely complex, certain foundational legal defenses are frequently deployed to challenge the state’s severe allegations. My approach is always tailored precisely to the intricate details of your circumstances, but these are some of the fundamental strategies I use to fight relentlessly for my clients.

Lack of Consent

The core of most Fifth Degree CSC charges (Subdivision 1 and Subdivision 1a, clause 1) revolves around the alleged lack of consent. If the state cannot prove the absence of consent beyond a reasonable doubt, the charge fails.

Affirmative Consent: I will present evidence and arguments to show that the sexual act was entirely consensual. This involves meticulously examining all communications, actions, and the surrounding circumstances to demonstrate that both parties willingly and knowingly participated.
Challenging “Nonconsensual”: The law requires proof that the act was “nonconsensual,” not just that the alleged victim later regretted it. I will argue that the prosecution cannot definitively prove the absence of consent at the time the act occurred.
No Clear Indication of Withdrawal: I will look for any evidence that the alleged victim’s consent, if initially present, was clearly and unequivocally withdrawn, as simple non-verbal cues might not meet the legal threshold for withdrawing consent.

Mistaken Identity or False Accusation

Unfortunately, false accusations and mistaken identity are a grim reality in criminal sexual conduct cases, even at the Fifth Degree level, particularly given the emotional nature of the allegations.

Alibi Defense: If you can establish an alibi—that you were definitively somewhere else at the time the alleged crime occurred—this can be a powerful and complete defense. I will gather and present evidence such as receipts, surveillance footage, witness statements, and electronic data to corroborate your whereabouts.
Motive to Fabricate: I will investigate any potential motive the alleged victim or other witnesses might have to fabricate or exaggerate their claims. This could include personal vendettas, jealousy, a desire for revenge, or seeking to gain an advantage in a separate legal matter.
Inconsistent Statements: I will meticulously review all statements made by the alleged victim and witnesses, including those given to police, medical personnel, and during interviews. Inconsistencies and contradictions can be used to cast significant doubt on their reliability and the truthfulness of their allegations.

Absence of Sexual Penetration or Sexual Contact

For a conviction, the state must prove that the specific act of “sexual penetration” or “sexual contact” (or a lewd act in presence of a minor) occurred as legally defined. If the act does not meet the legal definition, the charge cannot stand.

Challenging Forensic Evidence: I will meticulously examine any forensic evidence, such as DNA, to challenge its reliability, chain of custody, or interpretation, aiming to show it does not definitively prove sexual penetration or contact occurred as alleged, or that it points to another individual.
Discrediting Testimony on Act: If the claim of penetration or contact relies solely on the alleged victim’s or other witnesses’ testimony, I will rigorously cross-examine them to expose inconsistencies, biases, or a lack of credible evidence that the specific act, as legally defined, actually took place.
Alternative Explanations for Conduct: I will present alternative, non-criminal explanations for any physical evidence or circumstances that the prosecution might attempt to link to sexual penetration or contact, demonstrating that the evidence is ambiguous or points to something else entirely.

Lack of Knowledge of Minor’s Presence (for Lewd Exhibition)

If the charge involves masturbation or lewd exhibition in the presence of a minor under 16, the prosecution must prove you knew or had reason to know the minor was present.

Unaware of Minor’s Presence: I will argue that you were genuinely unaware of the minor’s presence, perhaps due to the minor being hidden, out of sight, or in an unexpected location. This directly challenges the “knowing or having reason to know” element.
Mistake of Age: While not always a complete defense, if there’s an argument that you reasonably believed the person present was not a minor under 16, this could potentially undermine the prosecution’s case for this specific subdivision.
Context of Location: The nature of the location where the alleged act occurred (e.g., a private residence vs. a public park) can be relevant to arguing whether it was reasonable to expect a minor’s presence.

Defense in Action: Scenarios in Northern Minnesota

The principles of defense are only as powerful as their application to real-world situations. Here are examples of how I fight for clients facing Criminal Sexual Conduct in the Fifth Degree charges across Northern Minnesota, localizing the defense strategy to the communities we serve.

Scenario in Bemidji

A Bemidji resident, Mark, was accused of Fifth Degree Criminal Sexual Conduct (nonconsensual sexual contact) by a friend after a party. The alleged victim claims Mark touched them inappropriately. Mark states that the contact was accidental during a crowded moment or misinterpreted friendly contact, and not sexual or aggressive in intent.

My defense strategy here would center on challenging the intent element and the nonconsensual nature of the contact. I would gather witness statements from other party-goers to corroborate the crowded environment and the general nature of interactions. I would also investigate the history of the relationship between Mark and the alleged victim to demonstrate a context where friendly, albeit perhaps clumsy, physical contact was common. The goal is to show that either no sexual contact as defined by law occurred, or that it was accidental/consensual, and certainly not with specific “sexual or aggressive intent.”

Scenario in Cloquet

A resident of Cloquet, Susan, was charged with Fifth Degree Criminal Sexual Conduct (lewd exhibition in presence of minor) after a neighbor’s 10-year-old child reported seeing Susan masturbating in her own backyard. Susan maintains that her backyard is private, she had taken reasonable steps to ensure privacy (e.g., fence, time of day), and was unaware any minor could see her.

In this scenario, my defense would focus on the element of knowing or having reason to know the minor was present. I would photograph the backyard and surrounding properties to demonstrate the reasonable expectation of privacy and the visual barriers present. I would also establish the time of day and typical activity levels of children in the area to argue that Susan had no reason to believe a minor would be present or able to observe her. The goal is to prove that while the act might have occurred, the crucial element of knowing a minor was present cannot be met.

Scenario in Two Harbors

John, a local fisherman in Two Harbors, was accused of Fifth Degree Criminal Sexual Conduct (nonconsensual sexual penetration) by a tourist he had briefly met at a bar. The tourist claims she was “too drunk to consent.” John asserts the interaction was entirely consensual, and the tourist appeared fully coherent and engaged at the time.

My defense for John would focus on challenging the alleged lack of consent and the claim of incapacitation. I would seek out any available bar surveillance footage or witness testimony from bartenders or other patrons to demonstrate the alleged victim’s behavior and level of sobriety at the time. I would argue that John had no reasonable way to know she was “incapacitated” if she appeared coherent, and that her actions conveyed clear consent. This challenges the prosecution’s ability to prove the nonconsensual nature of the act beyond a reasonable doubt.

Scenario in Proctor

During a tense divorce and custody battle in Proctor, Peter was accused by his estranged spouse of Fifth Degree Criminal Sexual Conduct (nonconsensual sexual contact) stemming from an argument months prior. The spouse claims Peter touched her intimately against her will during the dispute. Peter denies the sexual contact altogether, asserting the accusation is fabricated to gain an advantage in the custody case.

In this highly contentious scenario, my defense for Peter would focus on false accusation and the lack of sexual contact as legally defined. I would meticulously examine the timeline of the alleged incident relative to the custody proceedings to highlight the spouse’s motive to fabricate. I would also look for any inconsistencies in the spouse’s statements made to police, family, or friends. If the alleged contact was not “sexual” in nature but a mere push or shove during an argument, I would argue that it does not meet the specific legal definition of “sexual contact” under the statute, and that the accusation is a deliberate mischaracterization of an argument for legal leverage.

The Advocate: Why a Dedicated Duluth Defense Attorney is Essential

When you are facing a charge as serious as Criminal Sexual Conduct in the Fifth Degree in Northern Minnesota, you are not merely up against a prosecutor; you are confronting the full, overwhelming machinery of the state. Prosecutors, law enforcement, and the entire judicial system operate with vast resources and a singular, relentless objective: to secure a conviction. You cannot, and absolutely should not, face this existential threat alone. You need a dedicated Duluth defense attorney, someone who possesses an unparalleled understanding of the nuanced legal landscape, the intricate workings of the local courts, and the catastrophic, permanent impact a conviction will have on your life.

Countering the Resources of the State

The state of Minnesota wields virtually unlimited financial, investigative, and legal resources in its pursuit of a conviction against you. They employ an army of detectives, forensic scientists, legal researchers, and prosecutors whose sole purpose is to build an airtight case. They will spare no expense and leave no stone unturned in their relentless quest for a conviction. Without a skilled, aggressive defense attorney by your side, you are a single individual standing against a monolithic, well-funded adversary. I understand their tactics, I know their weaknesses, and I am prepared to counter their overwhelming resources with superior strategy, meticulous investigation, and unwavering tenacity. I will level the playing field, meticulously examining every shred of evidence they present, scrutinizing their procedures for any missteps or constitutional violations, and challenging every assumption they make about your guilt. My commitment is absolute: to ensure that their extensive resources are met with an equally relentless, intelligent, and uncompromising defense, safeguarding your rights against their considerable might.

Strategic Command of the St. Louis County Courts

Navigating the treacherous terrain of the criminal justice system in St. Louis County, whether in the courtrooms of Duluth, Two Harbors, or any other regional jurisdiction, is an incredibly complex and often intimidating endeavor. It is a labyrinth of arcane rules, precise procedures, and often unwritten customs and expectations unique to this judicial district. A single misstep in procedure, a missed deadline, or an unfamiliarity with the distinct tendencies of local judges and prosecutors can have catastrophic, irreversible consequences for your case. I possess a deep, intimate, and constantly evolving understanding of the St. Louis County courts. I know the local prosecutors, I understand their preferred approaches, and I am intimately familiar with the specific protocols and nuances of the regional judicial system. This strategic command allows me to anticipate their moves, negotiate from a position of profound strength, and guide your case through the intricate legal process with unparalleled precision and foresight, always with the singular objective of achieving the best possible outcome for your freedom and your future.

Fighting for Your Story, Not Just the Police Report

When law enforcement arrives on a scene, they often form an immediate, often flawed, conclusion about what transpired. That initial conclusion is then meticulously woven into a police report. However, this report is almost never the full, unvarnished truth, and it most certainly is never from your perspective. It captures a narrow, often biased or incomplete snapshot that then becomes the foundational narrative of the prosecution’s entire case against you. My unwavering role is to dismantle that flawed, one-sided narrative and fight relentlessly for your true story to be heard—a story often buried beneath assumptions and official bias. I will launch an exhaustive, independent investigation, uncovering hidden details, interviewing witnesses who may have been overlooked or ignored by law enforcement, and bringing to light the crucial context, motivations, and nuances that are conspicuously absent from the official record. I understand that human interactions are complex, and situations are rarely a simple matter of black and white. I will ensure that your voice is not just heard, but amplified, that your motivations are understood, and that your version of events is presented powerfully, persuasively, and with undeniable credibility, rather than passively allowing a police report to irrevocably define your future.

An Unwavering Commitment to a Winning Result

From the instant you first contact my office, my commitment to you is singular and unwavering: to secure a winning result for your case. For some clients facing a charge as serious as Criminal Sexual Conduct in the Fifth Degree, a “winning result” means a complete and total dismissal of all charges. For others, it involves a strategic reduction in the charges to a less severe offense, meticulously avoiding catastrophic prison time, or aggressively minimizing the long-term, devastating consequences that such an accusation can bring. Whatever your definition of success, whatever the unique complexities of your situation, I will fight tirelessly, relentlessly, and with uncompromising dedication to achieve it. This is not simply a legal service; it is my profound commitment to protecting the innocent, ensuring that due process is rigorously followed, and holding the state accountable to its highest burden of proof. I will stand by your side through every harrowing step of this ordeal, providing clear-eyed counsel, fearless advocacy, and an unshakeable belief in your fundamental right to a robust, uncompromising defense. When your world has been irrevocably shattered by an accusation, you need far more than just an attorney; you need a relentless fighter who is wholly, unreservedly committed to your victory.

Your Questions Answered

When you’re facing a charge of Criminal Sexual Conduct in the Fifth Degree, the weight of uncertainty can be crushing. You undoubtedly have many questions, and you deserve direct, informative, and clear answers.

What is the difference between sexual penetration and sexual contact?

Sexual penetration is any intrusion, however slight, by any body part or object into the genital or anal opening. Sexual contact generally refers to intentional touching of intimate parts, or causing a person to touch another’s intimate parts, with sexual or aggressive intent, without penetration.

Is Fifth Degree Criminal Sexual Conduct always a felony?

No. Fifth Degree Criminal Sexual Conduct involving nonconsensual sexual contact or lewd exhibition in the presence of a minor is typically a gross misdemeanor. However, if it involves nonconsensual sexual penetration, it is a felony. Furthermore, any Fifth Degree CSC charge can be elevated to a more severe felony if you have certain prior convictions.

Do I have to register as a predatory offender for a Fifth Degree CSC conviction?

It depends on the specific subdivision of the law you are convicted under and your prior criminal history. While not all Fifth Degree CSC convictions require predatory offender registration, those involving sexual penetration (Subdivision 1) or repeat offenses for certain sexual contact or lewd exhibition charges often do.

What does “nonconsensual” mean?

“Nonconsensual” means that the sexual act occurred without the explicit, voluntary agreement of the other person. It means there was no freely given consent at the time of the act. The prosecution must prove the absence of this consent beyond a reasonable doubt.

Can expressing regret after the act be used against me?

Yes. Any statement you make to law enforcement, or anyone else, about the incident, including expressing regret, can be interpreted by the prosecution as an admission of guilt or knowledge of wrongdoing, and can be used as evidence against you in court. This is why it’s crucial to remain silent and speak with an attorney immediately.

What if the alleged victim was intoxicated?

If the alleged victim was intoxicated, the key question is whether they were so intoxicated as to be mentally incapacitated and unable to give consent, and whether you knew or reasonably should have known this. Voluntary intoxication alone does not automatically equate to lack of consent, but severe incapacitation does.

Can a false accusation for Fifth Degree CSC be proven?

Yes, false accusations can and do occur, often stemming from personal disputes, misunderstandings, or other ulterior motives. Proving a false accusation typically involves uncovering inconsistencies in the accuser’s story, demonstrating a motive to lie, or presenting evidence that directly refutes their claims.

How serious is a gross misdemeanor conviction?

While less severe than a felony, a gross misdemeanor conviction is still a serious criminal offense in Minnesota. It results in a permanent criminal record, can lead to up to 364 days in jail and substantial fines, and can significantly impact employment, housing, and reputation.

Will this charge affect my job or professional license in Bemidji?

Yes, even a gross misdemeanor conviction for Fifth Degree CSC can severely impact your employment and professional licenses in Bemidji. Many employers conduct background checks, and professional licensing boards may initiate disciplinary proceedings, potentially leading to suspension or revocation of your license.

How long does a Fifth Degree CSC case usually take to resolve in St. Louis County?

The resolution time varies. A straightforward gross misdemeanor case might conclude in a few months, especially if a plea agreement is reached. However, a felony charge or a contested case involving complex evidence or a trial could take six months to over a year to resolve in St. Louis County.

What should I do if the police contact me about a Fifth Degree CSC accusation?

Do not speak to the police without an attorney. Politely but firmly state that you wish to speak with your lawyer before answering any questions. Exercise your right to remain silent. Any information you provide could be used against you.

Can I get this charge expunged from my record later?

Expungement allows certain criminal records to be sealed from public view. Eligibility depends on the specific conviction (gross misdemeanor vs. felony), the type of conduct involved, and the passage of time. Felony sex offenses are generally very difficult, if not impossible, to expunge.

What if the sexual contact was accidental?

If the contact was truly accidental and not performed with sexual or aggressive intent, it may not meet the legal definition of “sexual contact” under the statute. Your defense would focus on proving the accidental nature and the absence of criminal intent.

Does Fifth Degree CSC ever require lifetime predatory offender registration?

While less common than for higher-degree CSC offenses, a conviction for Fifth Degree CSC can trigger predatory offender registration, particularly if the charge involves sexual penetration (Subdivision 1) or if there are prior sexual offense convictions that elevate the current charge to a felony under the enhancement provisions.

Can I still travel to Canada with a Fifth Degree CSC conviction?

A conviction for any sexual offense, including Fifth Degree Criminal Sexual Conduct, can complicate or prevent entry into Canada and many other countries. Even a gross misdemeanor might be deemed a serious offense by foreign immigration authorities, potentially leading to denial of entry.