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...
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...
Minnesota Caselaw Identifying Categories of Individuals that Fall Under a “Current of Recent Position of Authority”
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...
As of August 1, 2019, a handful of new criminal laws went into effect in Minnesota. Below is a shortlist to keep you in the loop: Hands Free: Holding your phone while driving is a crime, unless required for obtaining emergency assistance, if there is a threat to life and safety, or in an authorized emergency vehicle performing official duties....
The Oklahoma Court of Appeals recently sparked controversy after ruling that the state’s forcible sodomy law does not apply when the victim is intoxicated or unconscious. The same is not true for Minnesota, as the legislature has written the statute more broadly than the statute at issue in Oklahoma.
The Oklahoma court’s decision stems from accusations against a 17-year-old boy for sexually assaulting a 16-year-old female classmate. According to reports, the female victim became incapacitated after consuming alcohol. Two of her friends carried her to the defendant’s vehicle, where he allegedly forced her to perform oral sex. He then brought the girl, who was conscious at that point, to her grandmother’s house, and the family transported her to the local hospital. After a sexual assault examination, testing revealed the defendant’s DNA on the female. Testing also determined that the female’s blood-alcohol content was .341 – over four times the legal limit to drive in Minnesota.
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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