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Recently, two teenagers — both considered juveniles by the law — were charged with felony offenses in Becker County in northwestern Minnesota due to their relationship.

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A person who engages in sexual contact with another person is guilty of criminal sexual conduct in the fourth degree if any of the following circumstances exists:.

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Neither mistake as to the complainant's age or consent to the act by the complainant is a defense. In a prosecution under this clause, the state is not required to prove that the sexual contact was coerced. Consent by the complainant to the act is not a defense.

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In any such case, if the actor is no more than 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.

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Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense. Consent by the complainant is not a defense.

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Consent by the complainant is not a defense. Except as otherwise provided in section A person convicted under this section is also subject to conditional release under section Except when imprisonment is required under section If the court stays imposition or execution of sentence, it shall include the following as conditions of probation:. Menu House Minnesota House of Representatives.

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Minnesota Senate. t Departments, Offices, and Commissions.

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Schedules, Calendars, and Legislative Business. Legislative Committees.

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Statutes, Laws, and Rules. Office of the Revisor of Statutes. Revisor Menu. Authenticate PDF. This section has been affected by law enacted during the 1st Special Session.

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More info Crime defined. A person who engages in sexual contact with another person is guilty of criminal sexual conduct in the fourth degree if any of the following circumstances exists: a the complainant is under 13 years of age and the actor is no more than 36 months older than the complainant. In a prosecution under this clause, the state is not required to prove that the sexual contact was coerced; b the complainant is at least 13 but less than 16 years of age and the actor is more than 48 months older than the complainant or in a current or recent position of authority over the complainant.

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In all other cases, mistake as to the complainant's age shall not be a defense; c the actor uses force or coercion to accomplish the sexual contact; 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 48 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 ificant relationship to the complainant and the complainant was at least 16 but under 18 years of age at the time of the sexual contact.

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Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; g the actor has a ificant Lauderdale to the complainant, the complainant was at least 16 but under 18 years of age at the time of the sexual contact, and: i the actor or an accomplice used force or coercion to accomplish the contact; 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 dating h the actor is a psychotherapist and the complainant is a patient of the psychotherapist and the sexual contact occurred: i during the psychotherapy session; or ii outside the psychotherapy session if an ongoing psychotherapist-patient relationship exists.

Consent by the complainant is not a defense; i the actor is a psychotherapist and the complainant is a former patient of the psychotherapist and the former patient is emotionally dependent upon the psychotherapist; j the actor is a psychotherapist and the complainant is a patient or former patient and the sexual contact occurred by means of therapeutic deception. Consent by the complainant law not a defense; k the actor accomplishes the sexual contact by means of deception or false representation that the contact is for a bona fide medical purpose.

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Consent by the complainant is not a defense; 1 the actor is or purports to be a member of the clergy, the complainant is not married to the actor, and: i the sexual contact occurred during the course of a meeting in which the complainant sought or received religious or spiritual advice, aid, or comfort from the actor in private; or ii the sexual contact occurred during a period of time in which the complainant was meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice, aid, or comfort in private.

Consent by the complainant is not a defense; m the actor is an employee, independent contractor, or volunteer of a state, county, city, or privately operated adult or juvenile correctional system, or secure treatment facility, or treatment facility providing services to clients civilly committed as mentally ill and dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but not limited to, jails, prisons, detention centers, or work release facilities, and the complainant is a resident of a facility or under supervision of the correctional system.

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Consent by the complainant is not a defense; n the actor provides or is an agent of an entity that provides special transportation service, the complainant used the special transportation service, the complainant is not married to the actor, and the sexual contact occurred during or immediately before or after the actor transported the complainant. Consent by the complainant is not a defense; o the actor performs massage or other bodywork for hire, the complainant was a user of one of those services, and nonconsensual sexual contact occurred during or immediately before or after the actor performed or was hired to perform one of those services for the complainant; or p the actor is a peace officer, as defined in section 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.

Martin Luther King Jr. Paul, MN