The Minnesota Court of Appeals published a decision today regarding what now qualifies as a “substantial step” towards the commission of third-degree criminal sexual conduct in In State v. Wilkie, Mr. Wilkie was convicted of attempted third-degree criminal sexual conduct violation of Minn. Stat. §§ 609.17, subd. 1, .344, subd. 1(b) (2016). The factual background of the case is as...
In 2006, in response to several high-profile cases where various victims were abducted and murdered, the US Congress passed a law requiring states to maintain databases of offenders convicted of various offenses. The federal law is entitled the Sex Offender Registration and Notification Act (SORNA). Originally these state databases were referred to as “sex-offender registries” but as the laws changed...
Pursuant to Minn. Stat. § 609.5312, any person charged with a prostitution offense, who allegedly used their vehicle to commit the offense, can have their motor vehicle forfeited. The Minnesota Legislature recently changed the laws to require a conviction in these cases in order for law enforcement to keep the vehicle, but the police can hold a vehicle for months...
It’s that time of year again…Minnesota Pardon Applications are due December 1, 2017, for the spring 2018 hearing. The Minnesota Pardon Board meets twice per year to consider pardon applications. Many people ask whether a criminal sexual conduct conviction can be pardoned. In Minnesota, any offense can be pardoned, however, the Pardon Board has indicated a general hesitancy to pardon...
Yes, possibly. If you possess or disseminate to others pornographic work involving a minor knowing or with reason to know its content and character, you could be guilty of a felony under Minn. Stat. § 617.247. A minor is any person under the age of 18. A nude picture could be considered pornographic work. This could involve any photo or...
On March 8, 2017, the Minnesota Supreme Court ruled that Minnesota’s law against electronic solicitation of children is constitutional. This decision reversed both a Minnesota district court and the Minnesota Court of Appeals, who both said the law was unconstitutionally overbroad in that it restricted a substantial amount of free speech. Krista Muccio was arrested after a father reported that...
There has been a story in the news lately of a man who ejaculated in a co-worker’s coffee. He was originally charged with felony sexual assault, but that charge was dismissed because the statute didn’t mention bodily fluids and there was no physical contact between the defendant and victim. He has since been charged and pled guilty to misdemeanor indecent...
When the State charges a defendant with a crime against a “vulnerable adult” (such as Criminal Abuse, Criminal Neglect, or Financial Exploitation of a Vulnerable Adult), one element the State must prove is that the victim qualifies as “vulnerable.” The definition for “vulnerable adult” found in Minnesota Statutes Section 609.232, subd. 11, can be kind of overwhelming. Here is a...
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