3rd Degree CSC Defense Duluth MN | MN Stat. 609.344

Defending Against a Third-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 Third Degree, your entire world can feel as though it has been ripped apart. In Northern Minnesota, where communities like Duluth, Two Harbors, and Proctor are deeply interconnected, such an allegation isn’t just a legal challenge; it’s a profound personal crisis that immediately threatens your standing, your freedom, and your very sense of self. You are suddenly thrust into an overwhelming battle, facing the chilling reality of what this accusation means for your job, the irreparable damage to your reputation in a tight-knit town, and the devastating impact on your family. The notification—a phone call, a knock on the door, official papers—shatters your peace, transforming your life into a landscape of fear and uncertainty. This is not a simple problem; it’s an all-consuming nightmare, and the full, formidable power of the state is now relentlessly focused on your prosecution.

The fear you feel is entirely justified. You are not merely contemplating abstract fines or potential incarceration; you are confronting the very real prospect of losing your career, facing the scorn of former friends and neighbors who may believe the worst, and enduring the immense emotional and financial strain on those you love most. In places like Cloquet or Bemidji, where reputations are built over lifetimes, such an accusation can quickly brand you, leaving an indelible mark that permeates every aspect of your existence. This initial shock, this sensation of overwhelming helplessness, is precisely what the prosecution seeks to cultivate. They want you to believe the fight is futile, that your fate is sealed. But I see it differently. An accusation is not a conviction. It is the beginning of an intense, strategic battle, and you need a relentless, unwavering advocate who comprehends the immense stakes and is prepared to fight fiercely for your rights, your reputation, and your future.

The Stakes: What a Conviction Truly Costs

A criminal accusation, particularly one for Criminal Sexual Conduct in the Third 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, if not for the remainder of your life. 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 Third Degree 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 you go. 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 felony 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 Third 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. This is not a temporary inconvenience; for those whose lives revolve around the outdoors or who prioritize self-defense, it represents a fundamental 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 felony convictions, particularly for offenses involving sexual conduct. A conviction for Criminal Sexual Conduct in the Third Degree will lead to the absolute denial of virtually all legitimate employment opportunities, irrespective of your skills, experience, or dedication. Similarly, securing safe and stable housing will transform into an overwhelming ordeal. Landlords routinely conduct comprehensive background checks, and a felony conviction of this nature acts as an immediate and insurmountable barrier, leaving you struggling to find a place to live. 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, nurse, counselor, or any other licensed professional – a conviction for Criminal Sexual Conduct in the Third Degree will almost certainly lead to the suspension, revocation, or permanent loss of your professional license. Licensing boards are mandated to investigate such grave offenses with extreme prejudice, and the outcome is almost universally devastating to your ability to practice your chosen profession. 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 and often irreparable. News of such a conviction travels rapidly, trust evaporates, and the respect and standing you once commanded will vanish, leaving you professionally and socially isolated, facing a future irrevocably defined by the conviction.

The Accusation: Understanding the State’s Case

When you face a charge as profoundly serious as Criminal Sexual Conduct in the Third 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 Third Degree Explained in Plain English

Criminal Sexual Conduct in the Third Degree in Minnesota involves sexual penetration under specific circumstances that, while serious, are generally considered less severe than those defining First or Second Degree. The core element remains “sexual penetration,” which, as in all sex crime statutes, is broadly defined and includes any intrusion, however slight, by any body part or object into the genital or anal opening of another person. It does not necessarily require intercourse.

The “Third Degree” classification typically arises when the sexual penetration occurs through coercion, or when the accused knows or has reason to know the alleged victim is mentally impaired, mentally incapacitated, or physically helpless. It also applies if there’s a prohibited occupational relationship. For alleged victims under 18, Third Degree often involves specific age differences (e.g., complainant under 14 and actor no more than 36 months older; complainant 14-16 and actor more than 24 months older, with certain defenses possible; or complainant 16-18 with significant age difference and actor in position of authority/significant relationship). The prosecution will attempt to demonstrate that your actions meet the definition of “sexual penetration” and at least one of these specific aggravating circumstances.

The Law on the Books: Minnesota Statute 609.344 CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE.

Minnesota Statute 609.344 precisely defines Criminal Sexual Conduct in the Third Degree, detailing the various circumstances that elevate sexual penetration to this felony level. The purpose of this law is to provide significant penalties for sexual assaults that involve a lack of consent due to coercion, a vulnerable alleged victim, or specific age and power dynamics, including prohibited occupational or significant relationships.

Here is the full text of the statute:

609.344 CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE.

Subdivision 1.Adult victim; crime defined. A person who engages in sexual penetration with another person is guilty of criminal sexual conduct in the third degree if any of the following circumstances exists:

(a) the actor uses coercion to accomplish the penetration;

(b) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;

(c) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or

(d) at the time of the act, the actor is in a prohibited occupational relationship with the complainant.

Subd. 1a.Victim under the age of 18; crime defined. A person who engages in sexual penetration with anyone under 18 years of age is guilty of criminal sexual conduct in the third degree if any of the following circumstances exists:

(a) the 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;

(b) the complainant is at least 14 but less than 16 years of age and the actor is more than 24 months older than the complainant. In any such case 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 the complainant’s age shall not be a defense. Consent by the complainant is not a defense;

(c) the actor uses coercion to accomplish the penetration;

(d) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;

(e) the 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 is a defense;

(f) the actor has a significant relationship to the complainant and the complainant was at least 16 but under 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 is a defense;

(g) the actor has a significant relationship to the complainant, the complainant was at least 16 but under 18 years of age at the time of the sexual penetration, and:

(i) the actor or an 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 is a defense;

(h) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or

(i) at the time of the act, the actor is in a prohibited occupational relationship with the complainant.

Subd. 2.Penalty. Except as otherwise provided in section 609.3455, a person convicted under subdivision 1 or subdivision 1a may be sentenced:

(1) to imprisonment for not more than 15 years or to a payment of a fine of not more than $30,000, or both; or

(2) if the person was convicted under subdivision 1a, paragraph (b), and if the actor was no more than 36 months but more than 24 months older than the complainant, to imprisonment for not more than five years or a fine of not more than $30,000, or both.

A person convicted under this section is also subject to conditional release under section 609.3455.

Subd. 3.Stay. Except when imprisonment is required under section 609.3455; or Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision 1a, clause (f), the court may stay imposition or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or the family unit; and

(b) a professional assessment indicates that the offender has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment program; and

(3) a requirement that the offender have no unsupervised contact with the complainant until the offender has successfully completed the treatment program unless approved by the treatment program and the supervising correctional agent.

The Prosecution’s Burden: Elements of Criminal Sexual Conduct in the Third 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: The state must prove that sexual penetration occurred, as precisely defined by Minnesota law (which includes intrusion by any body part or object, however slight, into a genital or anal opening). This is a foundational element. I will rigorously scrutinize any and all forensic evidence, witness testimony, and alleged admissions related to this element, aiming to demonstrate that the prosecution has failed to meet its burden of proof. Any ambiguity or lack of concrete evidence here can be a critical flaw in their case.
Aggravating Circumstance (Adult Victim – Subd. 1): If the alleged victim is an adult, the prosecution must prove one of the specific aggravating circumstances outlined in Subdivision 1. This includes proving that you used coercion to accomplish the penetration; that you knew or had reason to know the complainant was mentally impaired, mentally incapacitated, or physically helpless; that you used a specific type of force as defined in the statute; or that you were in a prohibited occupational relationship with the complainant at the time. Each of these circumstances has nuanced legal interpretations that must be rigorously challenged.
Aggravating Circumstance (Child Victim – Subd. 1a): If the alleged victim is under 18, the prosecution must prove one of the specific aggravating circumstances in Subdivision 1a. These often involve specific age differences (e.g., complainant under 14, actor not more than 36 months older; complainant 14-16, actor more than 24 months older with possible affirmative defense); the use of coercion or specific force; that you knew or had reason to know the complainant was mentally impaired, incapacitated, or physically helpless; that you were in a prohibited occupational relationship; or that you had a significant relationship to a complainant aged 16-18 and were in a position of authority, or if force, injury, or multiple acts occurred. These are highly specific legal definitions that demand careful defense.
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.
Lack of Consent (where applicable): While consent is often not a defense with underage alleged victims, in cases involving adult alleged victims where coercion or specific force is alleged, the prosecution must prove that the sexual penetration was non-consensual and that any consent was overcome by the specific means outlined in the statute. I will examine all communications, actions, and the surrounding circumstances to demonstrate that the interaction was consensual, or that the prosecution cannot definitively prove it was not.

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

A conviction for Criminal Sexual Conduct in the Third Degree in Minnesota carries severe felony penalties that will profoundly impact your life and liberty. These are not abstract legal concepts; they represent concrete threats to your freedom, your financial stability, and your future.

A person convicted under Minnesota Statute 609.344, Subdivision 1 or Subdivision 1a, faces a general maximum sentence of imprisonment for not more than 15 years or a fine of not more than $30,000, or both.

However, the statute also provides for a specific, reduced penalty in certain circumstances involving underage alleged victims. If the conviction is under Subdivision 1a, paragraph (b) (complainant at least 14 but less than 16 years of age, and the actor was no more than 36 months but more than 24 months older than the complainant), the sentence may be imprisonment for not more than five years or a fine of not more than $30,000, or both.

Beyond these direct penalties, a person convicted under this section is also subject to conditional release under Minnesota Statute 609.3455. This means that even after serving a significant portion of their prison sentence, they will be subject to strict, long-term supervision and conditions upon release. These conditions can include intensive monitoring, GPS tracking, and severe restrictions on their movements, associations, and residency. Furthermore, a conviction for Third Degree Criminal Sexual Conduct generally requires lifetime registration as a predatory offender in Minnesota, a public registry that creates immense social, employment, and housing barriers for the rest of your life. This registration is a permanent “second sentence” that continues long after any prison term is served.

The Battle Plan: Building Your Strategic Defense

An accusation is not a conviction. This unwavering principle forms the bedrock of my approach to every case. 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 Third Degree Charge Can Be Challenged in Court

Defending against a charge as devastating as Criminal Sexual Conduct in the Third 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.

Consent and Credibility Challenges

In cases involving adult alleged victims where coercion or specific force is alleged, or in certain situations with older minors, the issue of consent can be a powerful defense. Beyond that, challenging the credibility of the accuser is often paramount.

Affirmative Consent: I will work to establish that any sexual penetration was consensual, meaning both parties willingly and knowingly participated. This involves meticulously examining all communications, actions, and the overall context to show active, voluntary agreement.
Challenging “Coercion” or “Force”: The legal definitions of “coercion” and “force” in these statutes are specific. I will aggressively argue that the prosecution cannot prove their definition of coercion or force was present, demonstrating that the interaction, while perhaps later regretted, was not legally non-consensual under the statute.
Witness Credibility: I will rigorously cross-examine the alleged victim and other prosecution witnesses, exposing any inconsistencies in their statements, potential biases, or motives to fabricate or exaggerate. Demonstrating a witness’s lack of credibility can create significant reasonable doubt.

Lack of Knowledge of Incapacitation/Impairment

A key element for many Third Degree charges involving vulnerable adults is that you knew or had reason to know the alleged victim was mentally impaired, mentally incapacitated, or physically helpless.

No Obvious Signs: I will argue that there were no outward or observable signs that the alleged victim was mentally impaired, incapacitated, or physically helpless, and therefore you had no reason to know of such a condition. This shifts the focus to what was reasonably apparent at the time.
Voluntary Intoxication: If alcohol or drugs are involved, I will scrutinize whether the alleged victim’s impairment was genuinely to the point of incapacitation as legally defined, and whether that impairment was self-induced and not facilitated by you.
Objective Observation: My defense will rely on objective observations of the alleged victim’s behavior, speech, and interactions, often through witness testimony or surveillance footage, to demonstrate they appeared capable and aware, and thus you could not have known otherwise.

Alibi or Mistaken Identity

Despite the emotionally charged nature of these cases, the fundamental principles of criminal defense, such as alibi and mistaken identity, remain crucial.

Ironclad Alibi: If you were demonstrably elsewhere at the precise time the alleged crime occurred, an alibi defense can be a complete and irrefutable defense. I will gather and present all corroborating evidence, including timestamps, receipts, electronic data, and independent witness testimony, to prove you could not have committed the act.
Flawed Identification: I will meticulously challenge any eyewitness identification, scrutinizing the methods used by law enforcement during photo lineups or in-person identifications. Factors such as suggestive procedures, poor lighting, or stress during the event can render an identification unreliable.
False Accusation Motives: I will investigate any possible motives for a false accusation, such as revenge, a desire to divert attention from other issues, a custody dispute, or influence from third parties. Exposing such motives can severely damage the prosecution’s case.

Lack of Sexual Penetration

Similar to First Degree cases, if the state cannot prove the core element of sexual penetration beyond a reasonable doubt, the Third Degree charge cannot stand.

Challenging Forensic Evidence: I will engage independent forensic experts to re-examine any DNA or other physical evidence. Discrepancies in collection, chain of custody, or interpretation can undermine the state’s claims that penetration occurred or that it links to you.
Inconsistent Accounts of Penetration: I will rigorously cross-examine the alleged victim and other witnesses regarding the specifics of the alleged penetration, looking for inconsistencies, ambiguities, or statements that do not align with the legal definition or physical possibilities.
Alternative Explanations: I will offer alternative, non-criminal explanations for any physical findings or circumstances that the prosecution attempts to connect to sexual penetration, demonstrating that the evidence is ambiguous and does not definitively prove the element of penetration.

Defense in Action: Scenarios in Northern Minnesota

The theoretical strategies for defense are only as powerful as their application to the very real and often terrifying situations my clients face. Here are examples of how I fight for clients accused of Criminal Sexual Conduct in the Third Degree across Northern Minnesota, localizing the defense strategy to the unique characteristics of these communities.

Scenario in Bemidji

A Bemidji resident, Sarah, was accused of Third Degree Criminal Sexual Conduct by a former romantic partner. The alleged victim claimed Sarah used “coercion” during a consensual encounter, stating that Sarah threatened to expose sensitive personal information if the interaction didn’t continue. Sarah maintains that the entire encounter was consensual and that no such threats were made.

My defense strategy here would center on challenging the element of coercion and attacking the credibility of the alleged victim. I would meticulously examine all electronic communications (texts, social media messages) between Sarah and the former partner to demonstrate a history of consensual interaction and the absence of any threats or undue pressure. I would also investigate any potential motives the alleged victim might have for fabricating the coercion claim, such as anger over the breakup, a desire for revenge, or to gain an advantage in a separate dispute. The goal is to show the prosecution cannot prove beyond a reasonable doubt that coercion was used to accomplish the sexual penetration.

Scenario in Cloquet

A local teacher in Cloquet, Mr. Thompson, was accused of Third Degree Criminal Sexual Conduct involving a 16-year-old student (under 18, and in a position of authority). The student alleges sexual penetration occurred, which Mr. Thompson denies, stating there was only consensual, inappropriate “sexual contact” as defined by law (which carries a different, lower degree charge).

In this deeply serious case, my defense would rigorously focus on the precise definition of sexual penetration and the lack of a specific aggravating factor for Third Degree CSC. I would demand and scrutinize all forensic evidence, if any, to confirm or refute the alleged penetration. My argument would be that while Mr. Thompson admits to inappropriate sexual contact (which itself is a serious offense), the state cannot prove sexual penetration occurred, which is a required element for Third Degree Criminal Sexual Conduct. This distinction, though subtle, is legally critical and can mean the difference between a far more severe sentence and a reduced charge.

Scenario in Two Harbors

John, a physically disabled resident of Two Harbors, was accused of Third Degree Criminal Sexual Conduct by a caregiver, who claimed John engaged in sexual penetration while the caregiver was “physically helpless” and thus unable to consent. John asserts the caregiver misinterprets his limitations, and that any interaction was initiated by the caregiver or was entirely consensual on his part.

My defense strategy for John would aggressively challenge the element that the caregiver was “physically helpless” and that John knew or had reason to know of such helplessness. I would present evidence of John’s physical capabilities and independence, and the nature of his relationship with the caregiver, to demonstrate that the caregiver was not “physically helpless” as legally defined. Furthermore, I would investigate the caregiver’s past conduct, any financial motives, or inconsistencies in their statements to undermine their credibility, arguing that the interaction was consensual or that John had no reason to believe otherwise given the circumstances.

Scenario in Proctor

A new resident in Proctor, Maria, was charged with Third Degree Criminal Sexual Conduct by a neighbor’s 14-year-old child. The child alleges sexual penetration, and Maria is more than 24 months older than the child. Maria maintains that the child is fabricating the story due to a neighborhood dispute and that no such penetration occurred.

My defense for Maria would involve a dual approach: vigorously asserting lack of sexual penetration and presenting evidence of a false accusation driven by the neighborhood dispute. I would demand all forensic evidence be thoroughly reviewed and challenge any inconclusive findings. I would gather witness statements from other neighbors regarding the ongoing dispute and the child’s possible motivations. I would also focus on any inconsistencies in the child’s statements over time, and any factors that might suggest the child was coached or influenced. The goal is to create overwhelming reasonable doubt that the central act of sexual penetration occurred or that the accusation itself is credible.

The Advocate: Why a Dedicated Duluth Defense Attorney is Essential

When you are facing a charge as devastating as Criminal Sexual Conduct in the Third 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 is most certainly 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 severe as Criminal Sexual Conduct in the Third 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 as serious as Criminal Sexual Conduct in the Third Degree, the weight of uncertainty can be crushing. You undoubtedly have many questions, and you deserve direct, informative, and clear answers.

What is the maximum penalty for Criminal Sexual Conduct in the Third Degree?

The maximum penalty for most Third Degree CSC convictions in Minnesota is 15 years imprisonment or a fine of up to $30,000, or both. However, for specific cases involving complainants aged 14-16 where the age difference is 24-36 months, the maximum can be 5 years imprisonment or a $30,000 fine, or both.

Will I have to register as a predatory offender for a Third Degree CSC conviction?

Yes, a conviction for Criminal Sexual Conduct in the Third Degree almost universally requires lifetime registration as a predatory offender in Minnesota. This public registry imposes severe and permanent restrictions on where you can live, work, and even travel, and is a public record that follows you for life.

What does “coercion” mean in this context?

“Coercion” in Minnesota’s sexual conduct statutes generally refers to a threat, express or implied, that would cause a person of reasonable resolution to submit. It can involve threats of future harm, damage to reputation, or other non-physical pressures. It is a distinct legal concept from physical force.

If the alleged victim was intoxicated, is that a defense?

Not automatically. If the alleged victim was “mentally incapacitated” due to intoxication and you knew or had reason to know this, it can be an aggravating factor for a Third Degree CSC charge. The defense would focus on whether they were truly incapacitated to the point of being unable to consent, and whether you reasonably knew this.

What is a “prohibited occupational relationship”?

This refers to a relationship where an individual holds a position of power or trust over another due to their profession, making consent problematic or legally invalid. Examples include a therapist and patient, a teacher and student, or a corrections officer and inmate.

Can I get bail if charged with Third Degree CSC?

Bail is often set, but it can be substantial due to the seriousness of the charge. The court will consider factors such as your criminal history, ties to the community, and whether you are considered a flight risk or a danger to others when determining bail conditions.

How does a “significant relationship” affect this charge?

For alleged victims aged 16-18, if the actor has a “significant relationship” to the complainant, it can elevate the charge to Third Degree CSC, particularly if accompanied by force, personal injury, or multiple acts. This relationship can be familial or a position of trust.

Will my name appear in the public record or news?

Yes, given the serious nature of Criminal Sexual Conduct in the Third Degree, your name will likely appear in public court records and may be reported by local news outlets in communities like Duluth, Bemidji, or Cloquet. Criminal court proceedings are generally open to the public.

What is “conditional release” and how long does it last?

Conditional release under Minnesota Statute 609.3455 means that after serving a portion of your prison sentence, you will be released under strict supervision, which can last for many years. This involves intense monitoring by a probation agent, adherence to specific conditions, and often includes electronic monitoring and other restrictions.

Can this charge affect my ability to see my children?

Yes, especially if the alleged victim is a co-parent or if there are children involved, the court may issue a Domestic Abuse No Contact Order (DANCO) or similar protective order that prohibits contact with the alleged victim and, by extension, your children or shared residence.

Is there a statute of limitations for Third Degree CSC?

Yes, generally, the statute of limitations for felony-level Criminal Sexual Conduct in Minnesota is three years from the date of the offense. However, there are exceptions, particularly in cases involving child victims, where the limitation period may be extended or not apply until the victim reaches a certain age or the crime is discovered.

What if I honestly believed the alleged victim was 16 or older (affirmative defense)?

For alleged victims aged 14 to less than 16, if the actor is more than 24 but no more than 60 months older, there is an affirmative defense if the actor can prove by a preponderance of the evidence that they reasonably believed the complainant was 16 years of age or older. This is a specific, limited defense.

How long does it take for a Third Degree CSC case to conclude?

Third Degree CSC cases are complex felony matters. While timelines vary, they rarely resolve quickly. It is common for these cases to take many months, or even over a year, to conclude due to extensive investigation, discovery, negotiations, and potential trial proceedings.

Can this conviction prevent me from traveling internationally?

Yes, a felony conviction for Criminal Sexual Conduct in the Third Degree can significantly impact your ability to travel internationally. Many countries, including Canada and those in the European Union, have strict entry requirements and may deny entry to individuals with felony convictions, especially for sexual offenses.

What are “multiple acts committed over an extended period of time” in child cases?

This refers to a pattern of sexual abuse involving several instances of sexual penetration with a child victim over a prolonged duration. When combined with a “significant relationship” to a 16-18 year old complainant, it can elevate the charge to Third Degree CSC.