Facing a charge of criminal sexual conduct 5th degree is overwhelming. Minnesota’s criminal sexual conduct laws are complicated, and even though 5th degree is the least severe charge, it can still have serious, long-term consequences. Knowing how the law works, what penalties you could face, and what options you may have to fight back is the first step in protecting yourself.
What Is Criminal Sexual Conduct 5th Degree?
Minnesota law defines this offense under Statute 609.3451. It covers two main situations:
- Non-consensual sexual contact – intentional touching of intimate areas without consent, even over clothing.
- Lewd conduct – indecent exposure in public or in the presence of a minor.
Unlike higher degrees of criminal sexual conduct, 5th degree doesn’t involve penetration or the same aggravating factors, but the law still casts a wide net. A heated misunderstanding, an accusation during a messy breakup, or behavior someone else interpreted the wrong way can all end up leading to charges under 609.3451.
What Are the Penalties?
At its base level, criminal sexual conduct in the 5th degree is a gross misdemeanor. Possible penalties include:
- Up to one year in jail
- Fines up to $3,000
Probation and mandatory counseling - A criminal record that can impact jobs, housing, and reputation
If the charge is enhanced to a felony, the consequences grow more severe:
- Up to seven years in prison
- Fines up to $14,000
This makes 5th degree unique among Minnesota’s CSC charges—it’s the only degree that isn’t automatically a felony at the start, but it can still become one depending on prior convictions or aggravating circumstances.
Is 5th Degree Sexual Assault a Felony or Misdemeanor in MN?
One of the most important distinctions is that criminal sexual conduct in the 5th degree is usually a gross misdemeanor. It only becomes a felony if enhanced by prior sex offense convictions or aggravating factors. This is what separates it from the other degrees of CSC, all of which begin as felony charges.
Can a 5th Degree Conviction Be Expunged?
A conviction for criminal sexual conduct 5th degree may be eligible for expungement. Courts look at several factors before deciding whether to seal the record, such as:
- Completion of the sentence
- Evidence of rehabilitation
- How long it has been since the conviction
- Whether keeping the record public causes unfair harm
Not every case qualifies, but expungement is an option that can help reduce the long-term impact of a conviction.
How to Fight a Criminal Sexual Conduct 5th Degree Charge
Being charged under 609.3451 does not mean a conviction is inevitable. Possible defenses include:
- Consent – showing that the contact was consensual.
- False accusations – disproving allegations made during disputes or out of anger.
- Insufficient evidence – the prosecution must prove the case beyond a reasonable doubt.
- Context – what seems like lewd conduct may have been misinterpreted
The right defense depends on the facts of the case, which is why working with an experienced attorney is critical.
Why Legal Help Matters
Even though criminal sexual conduct 5th degree is the least severe of Minnesota’s CSC charges, the impact of a conviction can last for years. Beyond jail time or fines, the stigma of a sex crime conviction can affect almost every area of life, from job applications to relationships. If the charge is enhanced, the stakes only get higher. Having a defense lawyer who understands the law and how these cases are prosecuted can make all the difference in the outcome.
Contact Shek Law for Defense
If you are facing a charge of criminal sexual conduct 5th degree in Minnesota, don’t wait to get help. At Shek Law, we fight for your rights and your future. Call today for a confidential consultation.