Mandatory Minimum Criminal Penalties for Criminal Sexual Conduct in MN

There are a number of mandatory minimum criminal penalties that apply to certain criminal sexual conduct offenses. These mandatory sentencing provisions are described below.

First-Degree Criminal Sexual Conduct Offenders

The court must presume that an executed sentence of 144 months applies to any offender convicted of first-degree criminal sexual conduct. This penalty does not apply if a longer mandatory minimum sentence is otherwise required or the sentencing guidelines presume a longer executed sentence. If the court sentences an offender in a manner other than as provided by this law, the sentence is a departure under the sentencing guidelines, requiring the court to make certain findings. Minn. Stat. § 609.342, subd. 2.

Certain Second-Degree Criminal Sexual Conduct Offenders

The court must presume that an executed sentence of 90 months applies to any offender convicted of second-degree criminal sexual conduct when the actor:

  • uses or threatens use of force or violence,
  • causes injury to the complainant,
  • uses a dangerous weapon,
  • creates significant fear on the part of the complainant of imminent great bodily harm,
  • commits the crime with an accomplice, or
  • has a significant relationship to complainant under the age of 16.

The presumptive executed sentence does not apply to other second-degree criminal sexual
conduct offenses.

This penalty does not apply if a longer mandatory minimum sentence is otherwise required by law or the sentencing guidelines presume a longer executed sentence. If the court sentences an offender in a manner other than as provided by this law, the sentence is a departure under the sentencing guidelines, requiring the court to make certain findings. Minn. Stat. § 609.343, subd. 2.


CREDIT: The content of this and any related posts has been copied or adopted from the Minnesota House of Representatives Research Department’s Information Brief, Sex Offenders and Predatory Offenders: Minnesota Criminal and Civil Regulatory Laws, written by Legislative Analyst Jeffrey Diebel.

This post is also part of a series of posts on Minnesota Criminal and Civil Regulatory Laws Regarding Sex Offenders and Predatory Offenders.