In Minnesota, Criminal Sexual Conduct statutes are long and have many subdivisions. Click on the hyperlinks on our website to see the specific statute’s language and related blogs. For 2nd Degree and 4th Degree Criminal Sexual Conduct, sexual contact can mean different things. Trying to understand what actions fall under the definition of “sexual contact” can be confusing, which is...
On March 16, 2020 the Minnesota Court of Appeals decided a case regarding Minnesota Statute section 609.324, subdivision 2(2) (2018). A person violates this statue only if, while in a public place, the person hires, offers to hire, or agrees to hire another person to engage in sexual penetration or sexual contact. The case1 was brought to the Minnesota Court...
In Minnesota, Criminal Sexual Conduct statutes are long and have many subdivisions. Click on the hyperlinks on our website to see the specific statute’s language and related blogs. If an accused person commits any of the following acts without the accuser’s consent, whether or not the emission of semen occurs, the accused person has engaged in “sexual penetration:” Sexual intercourse,...
In Minnesota, Criminal Sexual Conduct statutes are long and have many subdivisions. Click on the hyperlinks on our website to see the specific statute’s language and related blogs. A “current or recent position of authority” includes but is not limited to: Any person who is a parent. Any person acting in the place of a parent and charged with or...
The Minnesota Second Chance Coalition held its annual rally at the state capitol in St. Paul, Minnesota, on February 19, 2020. The Minnesota Second Chance Coalition is calling for changes in Minnesota’s criminal justice system and is optimistic that some of the proposals they are promoting will become laws this year. One of those proposals is to stop suspending drivers’...
Beyond the listed categories of a “current or recent position of authority” in Minnesota Statute Section 609.341, Minnesota courts have identified several other categories of individuals that fall under a position of authority. The following categories are not an exclusive list of all positions that fall under a “current or recent position of authority.” Coach/Instructor In State v. Lewandowski, the...
The Emergency Communications Center will no longer send officers to low priority incidents to ensure officers are available to respond to high priority crimes. Instead, callers wishing to report certain types of incidents will be redirected to report online or referred to teleserve. There are nine types of incidents that emergency services will ask callers to report online: Criminal damage...
On January 9, 2020, the Minnesota Guidelines Commission approved guidelines that would cap probation sentences for most felony offenders at five years. Certain offenses, such as homicides, criminal sex offenses, and criminal vehicular homicide, would be exempt from the cap. There would be some exceptions for judges who can depart from the cap when public safety warrants a departure. These...
Under Canadian Immigration Law, if a non-Canadian citizen has a criminal record, he or she may be denied entry to Canada or otherwise said to be “criminally inadmissible.” The United States Federal Bureau of Investigation (FBI) criminal database and the Royal Canadian Mounted Police (RCMP) crime database are synced, allowing the Canada border to quickly access individual U.S. criminal records....
Under Minnesota Law, being charged with a DWI can result in multiple legal penalties, including drivers license revocation and vehicle forfeiture. However, there is a statutory exception that provides for a release of your vehicle with enrollment in the ignition interlock program. What steps must be taken before the vehicle will be released? Before getting your vehicle back, there are...
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