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发帖数: 1506 | 1 2017 Minnesota Statutes
609.3451 CRIMINAL SEXUAL CONDUCT IN THE FIFTH DEGREE.
Subdivision 1.Crime defined. A person is guilty of criminal sexual conduct
in the fifth degree:
(1) if the person engages in nonconsensual sexual contact; or
(2) the person engages in masturbation or lewd exhibition of the genitals in
the presence of a minor under the age of 16, knowing or having reason to
know the minor is present.
For purposes of this section, "sexual contact" has the meaning given in
section 609.341, subdivision 11, paragraph (a), clauses (i), (iv), and (v),
but does not include the intentional touching of the clothing covering the
immediate area of the buttocks. Sexual contact also includes the intentional
removal or attempted removal of clothing covering the complainant's
intimate parts or undergarments, and the nonconsensual touching by the
complainant of the actor's intimate parts, effected by the actor, if the
action is performed with sexual or aggressive intent.
Subd. 2.Gross misdemeanor. A person convicted under subdivision 1 may be
sentenced to imprisonment for not more than one year or to a payment of a
fine of not more than $3,000, or both.
Subd. 3.Felony. (a) A person is guilty of a felony and may be sentenced to
imprisonment for not more than seven years or to payment of a fine of not
more than $14,000, or both, if the person violates this section within seven
years of:
(1) a previous conviction for violating subdivision 1, clause (2), a crime
described in paragraph (b), or a statute from another state in conformity
with any of these offenses; or
(2) the first of two or more previous convictions for violating subdivision
1, clause (1), or a statute from another state in conformity with this
offense.
(b) A previous conviction for violating section 609.342; 609.343; 609.344;
609.345; 609.3453; 617.23, subdivision 2, clause (2), or subdivision 3; or
617.247 may be used to enhance a criminal penalty as provided in paragraph (
a).
History: 1988 c 529 s 2; 1990 c 492 s 1; 1995 c 226 art 2 s 19; 1996 c 408
art 3 s 26,27; 1998 c 367 art 3 s 11; 2014 c 270 s 2; 2015 c 65 art 6 s 14
609.341 DEFINITIONS.
Subdivision 1.Scope. For the purposes of sections 609.341 to 609.351, the
terms in this section have the meanings given them.
Subd. 2.Actor. "Actor" means a person accused of criminal sexual conduct.
Subd. 3.Force. "Force" means the infliction, attempted infliction, or
threatened infliction by the actor of bodily harm or commission or threat of
any other crime by the actor against the complainant or another, which (a)
causes the complainant to reasonably believe that the actor has the present
ability to execute the threat and (b) if the actor does not have a
significant relationship to the complainant, also causes the complainant to
submit.
Subd. 4.Consent. (a) "Consent" means words or overt actions by a person
indicating a freely given present agreement to perform a particular sexual
act with the actor. Consent does not mean the existence of a prior or
current social relationship between the actor and the complainant or that
the complainant failed to resist a particular sexual act.
(b) A person who is mentally incapacitated or physically helpless as defined
by this section cannot consent to a sexual act.
(c) Corroboration of the victim's testimony is not required to show lack of
consent.
Subd. 5.Intimate parts. "Intimate parts" includes the primary genital area,
groin, inner thigh, buttocks, or breast of a human being.
Subd. 6.Mentally impaired. "Mentally impaired" means that a person, as a
result of inadequately developed or impaired intelligence or a substantial
psychiatric disorder of thought or mood, lacks the judgment to give a
reasoned consent to sexual contact or to sexual penetration.
Subd. 7.Mentally incapacitated. "Mentally incapacitated" means that a person
under the influence of alcohol, a narcotic, anesthetic, or any other
substance, administered to that person without the person's agreement, lacks
the judgment to give a reasoned consent to sexual contact or sexual
penetration.
Subd. 8.Personal injury. "Personal injury" means bodily harm as defined in
section 609.02, subdivision 7, or severe mental anguish or pregnancy.
Subd. 9.Physically helpless. "Physically helpless" means that a person is (a
) asleep or not conscious, (b) unable to withhold consent or to withdraw
consent because of a physical condition, or (c) unable to communicate
nonconsent and the condition is known or reasonably should have been known
to the actor.
Subd. 10.Position of authority. "Position of authority" includes but is not
limited to any person who is a parent or acting in the place of a parent and
charged with any of a parent's rights, duties or responsibilities to a
child, or a person who is charged with any duty or responsibility for the
health, welfare, or supervision of a child, either independently or through
another, no matter how brief, at the time of the act. For the purposes of
subdivision 11, "position of authority" includes a psychotherapist.
Subd. 11.Sexual contact. (a) "Sexual contact," for the purposes of sections
609.343, subdivision 1, clauses (a) to (f), and 609.345, subdivision 1,
clauses (a) to (e), and (h) to (o), includes any of the following acts
committed without the complainant's consent, except in those cases where
consent is not a defense, and committed with sexual or aggressive intent:
(i) the intentional touching by the actor of the complainant's intimate
parts, or
(ii) the touching by the complainant of the actor's, the complainant's, or
another's intimate parts effected by a person in a position of authority, or
by coercion, or by inducement if the complainant is under 13 years of age
or mentally impaired, or
(iii) the touching by another of the complainant's intimate parts effected
by coercion or by a person in a position of authority, or
(iv) in any of the cases above, the touching of the clothing covering the
immediate area of the intimate parts, or
(v) the intentional touching with seminal fluid or sperm by the actor of the
complainant's body or the clothing covering the complainant's body.
(b) "Sexual contact," for the purposes of sections 609.343, subdivision 1,
clauses (g) and (h), and 609.345, subdivision 1, clauses (f) and (g),
includes any of the following acts committed with sexual or aggressive
intent:
(i) the intentional touching by the actor of the complainant's intimate
parts;
(ii) the touching by the complainant of the actor's, the complainant's, or
another's intimate parts;
(iii) the touching by another of the complainant's intimate parts;
(iv) in any of the cases listed above, touching of the clothing covering the
immediate area of the intimate parts; or
(v) the intentional touching with seminal fluid or sperm by the actor of the
complainant's body or the clothing covering the complainant's body.
(c) "Sexual contact with a person under 13" means the intentional touching
of the complainant's bare genitals or anal opening by the actor's bare
genitals or anal opening with sexual or aggressive intent or the touching by
the complainant's bare genitals or anal opening of the actor's or another's
bare genitals or anal opening with sexual or aggressive intent.
Subd. 12.Sexual penetration. "Sexual penetration" means any of the following
acts committed without the complainant's consent, except in those cases
where consent is not a defense, whether or not emission of semen occurs:
(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
(2) any intrusion however slight into the genital or anal openings:
(i) of the complainant's body by any part of the actor's body or any object
used by the actor for this purpose;
(ii) of the complainant's body by any part of the body of the complainant,
by any part of the body of another person, or by any object used by the
complainant or another person for this purpose, when effected by a person in
a position of authority, or by coercion, or by inducement if the child is
under 13 years of age or mentally impaired; or
(iii) of the body of the actor or another person by any part of the body of
the complainant or by any object used by the complainant for this purpose,
when effected by a person in a position of authority, or by coercion, or by
inducement if the child is under 13 years of age or mentally impaired.
Subd. 13.Complainant. "Complainant" means a person alleged to have been
subjected to criminal sexual conduct, but need not be the person who signs
the complaint.
Subd. 14.Coercion. "Coercion" means the use by the actor of words or
circumstances that cause the complainant reasonably to fear that the actor
will inflict bodily harm upon the complainant or another, or the use by the
actor of confinement, or superior size or strength, against the complainant
that causes the complainant to submit to sexual penetration or contact
against the complainant's will. Proof of coercion does not require proof of
a specific act or threat.
Subd. 15.Significant relationship. "Significant relationship" means a
situation in which the actor is:
(1) the complainant's parent, stepparent, or guardian;
(2) any of the following persons related to the complainant by blood,
marriage, or adoption: brother, sister, stepbrother, stepsister, first
cousin, aunt, uncle, nephew, niece, grandparent, great-grandparent, great-
uncle, great-aunt; or
(3) an adult who jointly resides intermittently or regularly in the same
dwelling as the complainant and who is not the complainant's spouse.
Subd. 16.Patient. "Patient" means a person who seeks or obtains
psychotherapeutic services.
Subd. 17.Psychotherapist. "Psychotherapist" means a person who is or
purports to be a physician, psychologist, nurse, chemical dependency
counselor, social worker, marriage and family therapist, licensed
professional counselor, or other mental health service provider; or any
other person, whether or not licensed by the state, who performs or purports
to perform psychotherapy.
Subd. 18.Psychotherapy. "Psychotherapy" means the professional treatment,
assessment, or counseling of a mental or emotional illness, symptom, or
condition.
Subd. 19.Emotionally dependent. "Emotionally dependent" means that the
nature of the former patient's emotional condition and the nature of the
treatment provided by the psychotherapist are such that the psychotherapist
knows or has reason to know that the former patient is unable to withhold
consent to sexual contact or sexual penetration by the psychotherapist.
Subd. 20.Therapeutic deception. "Therapeutic deception" means a
representation by a psychotherapist that sexual contact or sexual
penetration by the psychotherapist is consistent with or part of the patient
's treatment.
Subd. 21.Special transportation. "Special transportation service" means
motor vehicle transportation provided on a regular basis by a public or
private entity or person that is intended exclusively or primarily to serve
individuals who are vulnerable adults or disabled. Special transportation
service includes, but is not limited to, service provided by buses, vans,
taxis, and volunteers driving private automobiles.
Subd. 22.Predatory crime. "Predatory crime" means a felony violation of
section 609.185 (first-degree murder), 609.19 (second-degree murder), 609.
195 (third-degree murder), 609.20 (first-degree manslaughter), 609.205 (
second-degree manslaughter), 609.221 (first-degree assault), 609.222 (second
-degree assault), 609.223 (third-degree assault), 609.24 (simple robbery),
609.245 (aggravated robbery), 609.25 (kidnapping), 609.255 (false
imprisonment), 609.498 (tampering with a witness), 609.561 (first-degree
arson), or 609.582, subdivision 1 (first-degree burglary).
§Subd. 23.Secure treatment facility. "Secure treatment facility" has the
meaning given in sections 253B.02, subdivision 18a, and 253D.02, subdivision
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: 2017 Minnesota Statutes
: 609.3451 CRIMINAL SEXUAL CONDUCT IN THE FIFTH DEGREE.
: Subdivision 1.Crime defined. A person is guilty of criminal sexual conduct
: in the fifth degree:
: (1) if the person engages in nonconsensual sexual contact; or
: (2) the person engages in masturbation or lewd exhibition of the genitals in
: the presence of a minor under the age of 16, knowing or having reason to
: know the minor is present.
: For purposes of this section, "sexual contact" has the meaning given in
: section 609.341, subdivision 11, paragraph (a), clauses (i), (iv), and (v),
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