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    Minnesota Age of Consent Lawyers

    Regardless of the age of the perpetrator, it is always statutory rape in Minnesota if the victim is under the age of If the person under the age of consent is between 13 and 16 years old, they can legally consent to sex with someone that is less than 48 months 4 years older than them. Engaging in sexual contact with someone under the age of 13 while being only 36 months 3 years older than the victim is criminal sexual conduct in the fourth degree, whereas actual penetration involving the same ages is criminal sexual conduct in the third degree.

    If the perpetrator is more than three years older than a victim under the age of 13, then sexual contact is criminal sexual conduct in the second degree, and sexual intercourse is criminal sexual conduct in the first degree. Criminal sexual conduct in the fourth degree has also been committed where a person has engaged in sexual contact with someone between the ages of 13 and 16 while being more than 4 years older than the victim.

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    If sexual intercourse has occurred instead of mere sexual contact, then it is criminal sexual conduct in the third degree. Facing a decade or three in prison for statutory rape does not sound pleasant. A person who engages in sexual contact with another person is guilty of criminal sexual conduct in the fourth degree if any of the following circumstances exists: In a prosecution under this clause, the state is not required to prove that the sexual contact was coerced; b the complainant is at least 13 but less than 16 years of age and the actor is more than 48 months older than the complainant or in a position of authority over the complainant.

    In all other cases, mistake as to the complainant's age shall not be a defense; c the actor uses force or coercion to accomplish the sexual contact; d the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless; e the complainant is at least 16 but less than 18 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant.

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    Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; f the actor has a significant relationship to the complainant and the complainant was at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; g the actor has a significant relationship to the complainant, the complainant was at least 16 but under 18 years of age at the time of the sexual contact, and: Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; h the actor is a psychotherapist and the complainant is a patient of the psychotherapist and the sexual contact occurred: Consent by the complainant is not a defense; i the actor is a psychotherapist and the complainant is a former patient of the psychotherapist and the former patient is emotionally dependent upon the psychotherapist; j the actor is a psychotherapist and the complainant is a patient or former patient and the sexual contact occurred by means of therapeutic deception.

    Consent by the complainant is not a defense; k the actor accomplishes the sexual contact by means of deception or false representation that the contact is for a bona fide medical purpose. Consent by the complainant is not a defense; l the actor is or purports to be a member of the clergy, the complainant is not married to the actor, and: Consent by the complainant is not a defense; m the actor is an employee, independent contractor, or volunteer of a state, county, city, or privately operated adult or juvenile correctional system, or secure treatment facility, or treatment facility providing services to clients civilly committed as mentally ill and dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but not limited to, jails, prisons, detention centers, or work release facilities, and the complainant is a resident of a facility or under supervision of the correctional system.